The Housing Benefit (General) (Amendment) Regulations (Northern Ireland) 1997

Amendment of regulation 35 of the principal Regulations

3.  In regulation 35 of the principal Regulations (notional income)—

(a) after paragraph (4A)(1) there shall be inserted the following paragraphs—

“(4B) Paragraph (4C) shall apply where a claimant is in receipt of both child benefit and an increase in child benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976(2) (increase in respect of the only, elder or eldest child of a single parent) in respect of the week up to 6th April 1997.

(4C) In a case where this paragraph applies, the appropriate authority shall, in a case in which the claimant’s weekly amount of eligible rent or, as the case may be, rates falls to be calculated in accordance with regulation 69(2)(b) or, as the case may be, (3)(b) (calculation of weekly amounts), treat the claimant, for the period from and including 1st April 1997 to 6th April 1997, as possessing any child benefit which is payable to him from and including 7th April 1997 at the rates specified in regulation 2(1)(a)(ii) (weekly rate for only, elder or eldest child of a lone parent) and, as the case may be, (b) (weekly rate for other children) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976, to the extent that such child benefit is payable to him at those rates from and including that date.”;

(b) in paragraph (6)(3) after “(4A)” there shall be inserted “and (4C)”.

(1)

Paragraph (4A) was inserted by regulation 5(a) of S.R. 1995 No. 129

(2)

S.R. 1976 No. 223; regulation 2 was amended by S.R. 1977 No. 248, S.R. 1980 No. 37, S.R. 1991 No. 82, S.R. 1993 No. 169 and S.R. 1996 Nos. 73 and 288

(3)

Paragraph (6) was amended by regulation 5(b) of S.R. 1995 No. 129