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The Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996
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- Northern Ireland Statutory Rules
- 1996 No. 111
- Regulation 10
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Amendment of regulation 61 of the principal Regulations
10. In regulation 61 of the principal Regulations (maximum housing benefit)(1)—
(a)the existing paragraph shall be numbered (1);
(b)after paragraph (1) there shall be inserted the following paragraphs—
“(2) Subject to paragraph (4), where in the case of paragraph (1)(a)—
(a)regulation 11 applies;
(b)the maximum rent is less than the amount which would be the claimant’s eligible rent if regulation 11 did not apply (“his reckonable rent”), and
(c)the Executive is satisfied that—
(i)an amount by way of housing benefit would fall to be payable to the claimant, and
(ii)unless that amount is increased, the claimant or a member of his family will suffer exceptional hardship,
the Executive may determine that the amount of the person’s appropriate maximum housing benefit calculated in accordance with paragraph (1)(a) shall be such increased amount as it considers appropriate in the particular circumstances of the case, but so that the amount of housing benefit payable to that person, including any such increased amount, shall not exceed his reckonable rent calculated on a weekly basis in accordance with regulations 69 and 70 (calculation of weekly amounts and rent free periods), after any deduction made in accordance with section 129(3)(b) of the Contributions and Benefits Act (taper) and regulation 63 (non-dependant deductions) and for the purposes of this paragraph “eligible rent” in those regulations shall be taken to mean his reckonable rent.
(3) The Department shall in respect of each financial year allocate to the Executive an amount to be incurred as expenditure in that year for exceptional cases.
(4) The total amount of any increase paid by the Executive under paragraph (2) shall not exceed the amount allocated by the Department under paragraph (3) for such cases.”.
(1)
Regulation 61 was amended by regulation 7 of S.R. 1990 No. 345 and regulation 6 of S.R. 1992 No. 549
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