- Latest available (Revised)
- Original (As made)
The Social Security (Northern Ireland) Order 1998, Section 65 is up to date with all changes known to be in force on or before 14 February 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
65.—(1) Subject to paragraphs (3) and (4), in so far as a housing benefit determination made before 18th August 1997 purported to determine that housing benefit was payable in respect of—
(a)charges for medical care, nursing care or personal care; or
(b)charges for general counselling or any other support services,
it shall be deemed to have been validly made if, on the assumption mentioned in paragraph (2), it would have been so made.
(2) The assumption is that, at all material times, such charges as are mentioned in paragraph (1) were eligible to be met by housing benefit where the claimant's right to occupy the dwelling was conditional on his payment of the charges.
(3) Where the effect of a review carried out on or after 18th August 1997 was to revise the amount of housing benefit payable in respect of any validated charges—
(a)the revision shall be deemed not to have been validly made in so far as it had the effect of increasing that amount; and
(b)housing benefit shall cease to be payable in respect of those charges as from the beginning of the period for which the first payment of the revised amount of benefit was made.
(4) Housing benefit shall not be payable in respect of any validated charges for any period falling after—
(a)5th April 1998 where the rent is payable at intervals of a whole number of weeks; and
(b)31st March 1998 in any other case.
(5) In this Article—
“the dwelling”, in relation to a housing benefit determination, means the dwelling in respect of which the determination was made;
“housing benefit determination” means a determination under section 129 of the Contributions and Benefits Act or the corresponding provisions of the [1986 NI 18.] Social Security (Northern Ireland) Order 1986, or a decision on a review of such a determination;
“medical care” includes treatment or counselling related to mental disorder, mental handicap, physical disablement or past or present alcohol or drug dependence;
“personal care” includes assistance at meal-times or with personal appearance or hygiene;
“validated charges” means charges in respect of which housing benefit is payable only by virtue of paragraph (1).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: