The Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996

Insertion of regulation 12A in the principal Regulations

9.  After regulation 12 of the principal Regulations (restrictions on rent increases) there shall be inserted the following regulation—

“Pre-tenancy determinations

12A.— (1) Except in the case where any liability to make payments in respect of a dwelling would be to the Executive, a determination shall be made by the Executive of the amount of rent which may be used in the calculation of housing benefit, where a request is received from a person (“the prospective occupier”) on a properly completed form approved for the purpose by the Executive, signifying that he is contemplating occupying a dwelling as his home and that if he does so, he is likely to claim housing benefit, but only where that form—

(a) is signed by the prospective occupier;

(b) is countersigned by the person to whom the prospective occupier would incur liability to make such payments, and

(c) indicates that the person countersigning agrees to the application being made for that determination.

(2) A determination by the Executive shall not be required under paragraph (1) where a request relates to—

(a) a dwelling in a hostel if, during the period of 12 months which ends on the day on which that request is received by the Executive—

(i) the Executive has already made a determination in accordance with Schedule 1A (determinations of rent payable) in respect of a dwelling in that hostel which is a similar dwelling to the dwelling to which the request relates, and

(ii) there has been no change relating to a rent allowance that has affected the dwelling in respect of which that determination was made, or

(b) an “excluded tenancy” within the meaning of Schedule 1B (excluded tenancies).

(3) Where the Executive receives a request pursuant to paragraph (1) it shall make a determination within 7 days of receipt of that request except it is a case where, by reason of paragraph (2), a determination in accordance with Schedule 1A is not required where the Executive shall—

(a) return it to the prospective occupier, indicating why no such application is required, and

(b) where it is not required by reason of either paragraph 2(a) of this regulation or paragraph 2 of Schedule 1B, also send him a copy of the previous determination within 4 days of the receipt of that request.

(4) For the purpose of calculating the period of days mentioned in paragraph (3)(b), no regard shall be had to a day in which the offices of the Executive are closed for the purposes of receiving or determining claims.

(5) In this regulation—

“change relating to a rent allowance” means a change or increase to which paragraph 2(3)(a), (b) or (c) of Schedule 1B applies;

“hostel” means a building—

(a)

in which there is provided for persons generally or for a class of persons, domestic accommodation, otherwise than in separate and self-contained premises, and either board or facilities for the preparation of food adequate to the needs of those persons, or both and—

(b)

which is—

(i)

managed or owned by a registered housing association;

(ii)

operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or agency, the Executive or a Health and Social Services Board or HSS trust, or

(iii)

managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community,

other than a residential care home, a nursing home or residential accommodation within the meaning of regulation 21(3) of the Income Support (General) Regulations (Northern Ireland) 1987 (special cases)(1);

“nursing home” and “residential care home” have the same meanings as in regulation 19(2) of the Income Support (General) Regulations (Northern Ireland) 1987 (residential care homes and nursing homes)(2);

“prospective occupier” shall include a person current in receipt of housing benefit in respect of a dwelling which he occupies as his home and who is contemplating entering into a new agreement to occupy that dwelling, but not in a case where his current agreement commenced less than 11 months before such a request;

“registered housing association” means a housing association which is registered in a register maintained under Article 14 of the Housing (Northern Ireland) Order 1992(3).”.

(1)

S.R. 1987 No. 459; definition substituted by paragraph 1(4)(a) of Schedule 1 to S.R. 1993 No. 149 and amended by paragraph 1(f) of Schedule 12 to S.R. 1994 No. 65

(2)

Definitions substituted and amended by paragraph 1(3) of Schedule 1 and paragraph 6(5)(b) of Schedule 2 to S.R. 1993 No. 149, regulation 4(9)(d) of S.R. 1993 No. 373 and paragraph 1(e) of Schedule 12 to S.R. 1994 No. 65

(3)

S.I. 1992/1725 (N.I. 15)