The Housing Benefit (General) (Amendment No. 3) Regulations (Northern Ireland) 1999

Amendment of regulation 11 of the principal Regulations

5.  In regulation 11 of the principal Regulations(1) (maximum rent) after paragraph (5) there shall be inserted the following paragraphs—

“(5A) In a case where a maximum rent has been determined in respect of a claimant under paragraph (2), (3), (3A)(2), (4) or (5), that maximum rent shall be adjusted in accordance with paragraphs (5B) to (5E) as appropriate.

(5B) A maximum rent determined under paragraph (2), (3), (3A) or (4) shall, subject to paragraphs (5C) and (5D), be increased by the sum of those service charges specified in the exceptions provided in paragraph 1(a)(iv)(cc), (c) and (f) of Schedule 1 (ineligible service charges) and Schedule 1C(3) (service charges for claimants in supported accommodation) determined by the Executive as eligible to be met by housing benefit, and the maximum rent shall be that increased amount.

(5C) In a case to which paragraph (2) applies, where the Executive has determined a relevant rent which includes an amount in respect of service charges for—

(a) the cleaning of rooms and windows which are eligible to be met by housing benefit, other than those eligible by virtue of paragraph 1(a)(iv)(aa) or (bb) of Schedule 1(4);

(b) the provision of an emergency alarm system, or

(c) general counselling or any other support,

that amount shall be deducted from the maximum rent before any increase under paragraph (5B).

(5D) In a case to which paragraph (4) applies, the Executive shall reduce the relevant rent by the sum of those service charges for—

(a) the cleaning of rooms and windows which are eligible to be met by housing benefit, other than those eligible by virtue of paragraph 1(a)(iv)(aa) or (bb) of Schedule 1;

(b) the provision of an emergency alarm system, or

(c) general counselling or any other support,

determined by the Executive as eligible to be met by housing benefit and use that relevant rent so reduced in determining whether that case should fall under either sub-paragraph (a) or (b) of that paragraph and in a case which falls under sub-paragraph (b) the sum of those service charges shall be deducted from the maximum rent before any increase under paragraph (5B).

(5E) In the case of a claimant who occupies supported accommodation and whose case falls under paragraph (5), the Executive shall treat references to the local reference rent as references to the local reference rent plus those services charges it has determined as eligible to be met by housing benefit under paragraph 1(a)(iv)(cc), (c) and (f) of Schedule 1 and Schedule 1C.”.

(1)

Regulation 11 was substituted by regulation 7 of S.R. 1996 No. 111

(2)

Paragraph (3A) was inserted by regulation 4(b) of S.R. 1996 No. 181 and amended by regulation 2(a) of S.R. 1997 No. 170

(3)

Schedule 1C is inserted by regulation 7 of these Regulations

(4)

Paragraph 1(a)(iv)(aa) and (bb) is inserted by regulation 7(2)(a) of these Regulations