The Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 2003

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 2003.

(2) These Regulations shall come into operation –

(a) for the purposes of this regulation and regulation 5, on 30th March 2003, and

(b) for all other purposes –

(i) in relation to any case where rent is payable at intervals of a whole number of weeks, on 7th April 2003, and

(ii) in relation to any other case, on 1st April 2003.

(3) In these Regulations “the principal Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(1).

(4) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of regulation 12 of the principal Regulations

2.  In regulation 12(1) of the principal Regulations(3) (restrictions on rent increases) as saved by regulation 5(3) of the Housing Benefit (General) (Amendment No. 4) Regulations (Northern Ireland) 1997(4) for “may” there shall be substituted “shall”.

Amendment of Schedule 1 to the principal Regulations

3.—(1) Schedule 1 to the principal Regulations (ineligible service charges) shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph 1 –

(a) in sub-paragraph (a)(iv)(5), for the words from “(other than” to “them himself,” there shall be substituted

“except cleaning of –

(aa) communal areas, or

(bb) the exterior of any windows where neither the claimant nor any member of his household is able to clean them himself,

where a qualifying payment is not made in respect of such cleaning,”;

(b) in sub-paragraph (c)(6), the words from “, except where such a system” to the end of the sub-paragraph shall be omitted, and

(c) in sub-paragraph (f)(7), the words from “, except where those services” to the end of the sub-paragraph shall be omitted.

(3) In paragraph 7 –

(a) after the definition of “fuel” there shall be inserted –

““qualifying payment” means any payment made by the Executive to the claimant or his partner, or to another person on their behalf, relating to housing support services under Article 4 of the Housing Support Services (Northern Ireland) Order 2002(8);”;

(b) the definition of “supported accommodation”(9), is omitted.

Amendment of regulation 16 of the Housing Benefit (General) (Amendment No. 2) Regulations

4.  In regulation 16(6) of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996(10) (savings provisions), in the definition of “exempt accommodation” for the words from “where care” to “that accommodation” there shall be substituted “where that body or a person acting on its behalf also provides the claimant with care, support or supervision”.

Amendment of regulation 12 of the Housing Benefit (General) (Amendment No. 3) Regulations

5.  In regulation 12 of the Housing Benefit (General) (Amendment No. 3) Regulations (Northern Ireland) 1999(11) (cessation in operation of these Regulations) –

(a) for “These Regulations” there shall be substituted “Regulations 1 to 11”;

(b) in sub-paragraph (a), for “6th April 2003” there shall be substituted “7th April 2003”, and

(c) in sub-paragraph (b), for “31st March 2003” there shall be substituted “1st April 2003”.

Sealed with the Official Seal of the Department for Social Development on 27th February 2003.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development