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The Social Security(Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

Expenses in making transitional payments relating to income support and housing benefit

18.—(1) Any expenses of the Department or the Department of the Environment in making payments to persons falling within paragraph (2) or (3) may be paid out of money appropriated by Measure.

(2) A person falls within this paragraph if—

(a)he was entitled to supplementary benefit immediately before 11th April 1988, but

(b)he did not become entitled to income support in respect of the week beginning with that day.

(3) A person falls within this paragraph if he was entitled to any one or more of the former housing-related benefits in respect of a qualifying week but either—

(a)he did not become entitled to housing benefit under Part III of the 1986 Order in respect of the commencement week, or

(b)the amount of any such housing benefit to which he became entitled in respect of that week was less than the amount of the former housing-related benefits to which he had been entitled in respect of the qualifying week.

(4) In this Article—

“commencement day” means the day on which the new provisions came into operation in the case of the person in question (1st or 4th April 1988, according to the circumstances);

“commencement week”, in relation to any person, means the week beginning with the commencement day in his case;

“the former housing-related benefits” means—

(a)

rent rebates, rate rebates and rent allowances, within the meaning of the Housing Benefits (Northern Ireland) Order 1983(1); and

(b)

housing benefit supplement;

“the new provisions” means the following provisions of Part III of the 1986 Order, so far as relating to housing benefit, that is to say, Articles 21 to 23, 29 and 30;

“qualifying week”, in relation to any person, means any week beginning on or after 21st March 1988 and ending before the commencement day in his case;

“week” means a period of 7 days.

(5) For the purposes of this Article—

(a)a person shall be regarded as having been entitled to housing benefit supplement in respect of a week if an amount was applicable in respect of him under regulation 19A of the Supplementary Benefit (Requirements) Regulations (Northern Ireland) 1983(2) in respect of that week; and

(b)the amount of housing benefit supplement to which he was entitled in respect of that week shall be taken to be an amount equal to the amount so applicable.

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