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The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1999

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Amendment of the Housing Benefit (General) Regulations

4.—(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987(1) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 62A(2) (extended payments)—

(a)in paragraph (1)—

(i)after the words “in a case” where they first occur, there shall be inserted “other than a case to which paragraph (1A) applies”;

(ii)in sub-paragraph (a)(i) for “67(a)” there shall be substituted “67(1)(a)”;

(iii)in sub-paragraph (a)(ii) for “67(c)” there shall be substituted “67(1)(c)”;

(b)after paragraph (1) there shall be inserted the following paragraph—

(1A) Subject to paragraph (2), in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations (Northern Ireland) 1987 (persons not treated as engaged in remunerative work) applies, his housing benefit shall be determined in accordance with Part II of Schedule 5A (extended payments of housing benefit) where—

(a)he was entitled to housing benefit and his benefit period has come to an end—

(i)on either of the grounds specified in paragraph (1)(a), or

(ii)in accordance with regulation 67(1)(c) on the ground that he vacated the dwelling of which he was a resident during the period specified in regulation 6(3) of those Regulations, and

(b)the Department has certified to the appropriate authority—

(i)that regulation 6(2) of those Regulations applies to him;

(ii)the date on which he was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations, and

(iii)the date on which his entitlement to income support ceased or is expected to cease.

(1B) Any award determined in accordance with paragraph (1A) shall be referred to in these Regulations as an “extended payment”.;

(c)in paragraph (5)—

(i)in sub-paragraph (a) for the words from “during” to the end there shall be substituted the following—

(i)in a case where the beneficiary is a person to whom regulation 6(2) of the Income Support (General) Regulations (Northern Ireland) 1987 (persons not treated as engaged in remunerative work) applies, during the period beginning on and including the day immediately following the end of the relevant benefit period and ending on the last day of the benefit week which includes the day—

(aa)which is 4 weeks after the day on which that person was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations, or

(bb)on which that person’s liability for rent or rates or both ends,

whichever shall first occur;

(ii)in any other case, during the 4 weeks immediately following the end of the relevant benefit period, and;

(ii)in sub-paragraph (b) for “made within that 4 week period” there shall be substituted “made by the beneficiary within the period which, under sub-paragraph (a) applies in his case”.

(3) In regulation 72 (time and manner in which claims are to be made)—

(a)in paragraph (13)(3)—

(i)in sub-paragraph (a)—

(aa)at the beginning there shall be inserted “subject to paragraph (13A),”;

(bb)for “67(a)” there shall be substituted “67(1)(a)”;

(ii)at the end of sub-paragraph (b) there shall be inserted “or”;

(iii)after sub-paragraph (b) there shall be added the following sub-paragraph—

(c)the Department has certified the matters specified in regulation 62A(1A)(b) to the appropriate authority,;

(b)after paragraph (13) there shall be inserted the following paragraph—

(13A) Where the appropriate authority has invited a person to make a claim for a further grant of housing benefit pursuant to paragraph (13)(c), it need not invite that person to make a claim for a further grant of that benefit pursuant to paragraph (13)(a)..

(4) In regulation 76 (who is to make a determination)—

(a)in paragraph (4)(4) after “this regulation” there shall be inserted “and subject to paragraph (5)”;

(b)after paragraph (4) there shall be added the following paragraph—

(5) For the purposes of paragraph (4), a person shall be treated as having claimed an extended payment where—

(a)he is a person to whom regulation 6(2) of the Income Support (General) Regulations (Northern Ireland) 1987 (persons not treated as engaged in remunerative work) applies, and

(b)the Department has certified the matters specified in regulation 62A(1A)(b) to the appropriate authority during the period of 14 days commencing on and including the day on which that person was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations,

and the appropriate day in relation to that person shall be the day on which that person was first engaged in the work referred to in that sub-paragraph of that regulation..

(5) In Schedule 5A(5) (extended payments of housing benefit)—

(a)in paragraph 2(c)(6) (conditions for an extended payment)—

(i)at the end of head (iii) there shall be inserted “or”;

(ii)after head (iii) there shall be added the following heads—

(iv)the claimant’s applicable amount included an amount applicable under paragraph 11 of Schedule 2 to the Income Support (General) Regulations (Northern Ireland) 1987 (disability premium) or, as the case may be, under paragraph 13 of Schedule 1 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (disability premium), or

(v)the claimant was, or was treated as, incapable of work in accordance with Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work);;

(b)in paragraph 4 (calculation and payment of an extended payment)—

(i)in sub-paragraph (3) for “paragraph (1)” there shall be substituted “sub-paragraph (1)”;

(ii)in sub-paragraph (4) for “4 weeks following the last day” there shall be substituted “weeks in the period specified in regulation 62A(5)(a)”;

(c)in paragraph 8(b) (movers and extended payments) for “4 weeks rent and rates” there shall be substituted “the rent and rates in respect of the period specified in regulation 62A(5)(a)”.

(d)in paragraph 10 (movers and rates rebate) for “4 weeks liability for rates” there shall be substituted “the liability for rates for the period specified in regulation 62A(5)(a)”;

(e)paragraph 13 (interpretation) shall be renumbered paragraph 13(1) and in that renumbered sub-paragraph—

(i)in the definition of “claimant” after “means” there shall be inserted “, subject to sub-paragraph (2),”;

(ii)at the end of the definition of “the relevant benefit period” there shall be inserted “or, as the case may be, (1A)(a)”;

(f)after the renumbered paragraph 13(1) there shall be added the following sub-paragraph—

(2) For the purposes of this Schedule (other than Part I), a person shall be treated as having claimed an extended payment where—

(a)he is a person to whom regulation 6(2) of the Income Support (General) Regulations (Northern Ireland) 1987 (persons not treated as engaged in remunerative work) applies, and

(b)the Department has certified the matters specified in regulation 62A(1A)(b) to the appropriate authority,

and “claim” and “claimant” shall be construed accordingly..

(1)

S.R. 1987 No. 461; relevant amending Regulations are S.R. 1991 No. 47, S.R. 1996 Nos. 115 and 334 and S.R. 1998 No. 112

(2)

Regulation 62A was inserted by regulation 3 of S.R. 1996 No. 115

(3)

Paragraph (13) was amended by regulation 9(b) of S.R. 1991 No. 47 and by regulation 13(c) of S.R. 1996 No. 334

(4)

Paragraph (4) was added by regulation 5 of S.R. 1996 No. 115 and amended by regulation 15 of S.R. 1996 No. 334

(5)

Schedule 5A was inserted by regulation 6 of S.R. 1996 No. 115

(6)

Paragraph 2(c) was amended by regulation 22(a)(ii) of S.R. 1996 No. 334 and regulation 7(a) and (b)(i) and (ii) of S.R. 1998 No. 112

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