The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations (Northern Ireland) 2008

Application and interpretation

8.—(1) This Part applies in relation to a person who—

(a) claims a relevant benefit after 4th January 2009, and

(b) falls within any of the paragraphs (2) to (4).

(2) A claimant falls within this paragraph if Part 2 applied to him at any time.

(3) A claimant falls within this paragraph if he or she—

(a) is entitled to a relevant benefit, or

(b) was previously entitled to a relevant benefit at any time after 4th January 2009, and

(c) in either case the entitlement is not or was not immediately preceded by a linked period.

(4) A claimant falls within this paragraph if—

(a) the claimant or his or her partner or, if the claimant is a member of a joint-claim couple, the other member of the couple, was in receipt of state pension credit;

(b) the claimant—

(i) is entitled to a relevant benefit, or

(ii) was previously entitled to a relevant benefit at any time after 4th January 2009, and

(c) none of the following provisions apply or applied in relation to the entitlement referred to in sub-paragraph (b)(i) or (ii).

(5) The provisions are—

(a) paragraph 1A(1A)(1) (previous entitlement to income-based jobseeker’s allowance, income-related employment and support allowance or state pension credit) of Schedule 3 to the Income Support Regulations;

(b) paragraph 1A(1ZA)(2) or (1B)(3) (previous entitlement to income support, income-related employment and support allowance or state pension credit) of Schedule 2 to the Jobseeker’s Allowance Regulations;

(c) paragraph 3(2)(4) (previous entitlement to other income-related benefits) of Schedule 6 to the Employment and Support Allowance Regulations.

(6) In this Part—

“joint-claim couple” has the meaning given in Article 3(4)(5) of the Jobseekers (Northern Ireland) Order 1995;

“linked period” means a period in respect of which the claimant was required to be treated as being in receipt of a relevant benefit under the provisions of—

(a)

paragraph 14 (linking rule) of Schedule 3 to the Income Support Regulations;

(b)

paragraph 13 (linking rule) of Schedule 2 to the Jobseeker’s Allowance Regulations, or (as the case may be)

(c)

paragraph 15 (linking rules) of Schedule 6 to the Employment and Support Allowance Regulations.

(1)

Paragraph 1A(1A) was inserted by regulation 2(3)(a)(iii) of S.R. 2007 No. 475

(2)

Paragraph 1A(1ZA) was inserted by regulation 4(a)(iii) of S.R. 2007 No. 475

(3)

Paragraph 1A(1B) was inserted by regulation 4(a)(iv) of S.R. 2007 No. 475

(4)

Paragraph 3(2) was amended by regulation 3(30)(b) of S.R. 2008 No. 413

(5)

The definition of “joint-claim couple” was inserted by paragraph 3(4)(b) of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))