The Housing Benefit (General) (Amendment) Regulations (Northern Ireland) 2000

Amendment of Schedule 1A to the principal Regulations

6.—(1) Schedule 1A to the principal Regulations (determinations)(1) shall be amended in accordance with paragraphs (2) to (8).

(2) In paragraph 3(2)(c) at the end there shall be added “at the relevant time”.

(3) In paragraph 4(2)—

(a) in head (b) after “of the dwelling” there shall be inserted “at the relevant time”;

(b) in sub-head (ii) after “under the tenancy” there shall be inserted “at the relevant time”.

(4) In paragraph 4(3)—

(a) at the end of head (b) there shall be added “and”;

(b) after head (b) there shall be added the following head—

“(c) shall exclude the amount of any rent which, in the Executive’s opinion, is fairly attributable to the provision of any of the following services—

(i) the cleaning of rooms and windows (except services specified in paragraphs (a)(iv)(aa) or (bb) of paragraph 1 of Schedule 1 (ineligible service charges);

(ii) the provision of an emergency alarm system;

(iii) medical expenses;

(iv) the provision of nursing care or personal care, and

(v) general counselling or other support services,

and which is not excluded by virtue of head (b).”.

(5) In paragraph 4(5) after the words “but not” to the end there shall be substituted—

• “in the case of a tenancy where a substantial part of the rent under the tenancy is fairly attributable to board and attendance, the provision of meals (including the preparation of meals or provision of unprepared food).”.

(6) For paragraph 5 there shall be substituted the following paragraph—

“Claim-related rent

5.— (1) In this paragraph, “claim-related rent” means—

(a) where the Executive makes a determination under sub-paragraph (2) of paragraph 1, sub-paragraph (2) of paragraph 2 and sub-paragraph (3) of paragraph 3, the lowest of the three rents determined under those sub-paragraphs;

(b) where the Executive makes a determination under only two of the sub-paragraphs referred to in head (a), the lower of the two rents determined under those sub-paragraphs;

(c) where the Executive makes a determination under only one of the sub-paragraphs referred to in head (a), the rent determined under that sub-paragraph;

(d) where the Executive does not make a determination under any of the sub-paragraphs referred to in head (a), the rent payable under the tenancy of the dwelling at the relevant time.

(2) Where the Executive makes any determination under paragraphs 1, 2 or 3, it shall also determine which rent is the claim-related rent.

(3) Where the dwelling is not in a hostel, the Executive shall also determine the total amount of ineligible charges, as defined in paragraph 6, which it has not included in the claim-related rent because of the assumptions made in accordance with that paragraph.”.

(7) For paragraph 6 there shall be substituted the following paragraph—

“Ineligible charges and support charges

6.— (1) For the purposes of this paragraph—

(a) “ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of regulation 10(3) (rent) and Schedule 1 (ineligible service charges) except—

(i) any support charges, and

(ii) in the case of a tenancy where the rent includes payments for board and attendance, and the Executive considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1 (charges for meals), and

(b) “support charges” means any charges to which the following paragraphs apply—

(a) the cleaning of rooms and windows (except services specified in sub-paragraphs (a)(iv)(aa) or (bb) of paragraph (1) of Schedule 1 (ineligible service charges));

(b) the provision of an emergency alarm system;

(c) medical expenses;

(d) the provision of nursing care or personal care, and

(e) general counselling or other support services.

(2) When making a determination under paragraph 1, 2 or 3 of Schedule 1, the Executive shall assume that—

(a) the items to which the ineligible charges relate, and

(b) the items to which the support charges relate,

were not to be provided or made available.”.

(8) In paragraph 8(4)—

(a) at the end of head (b) there shall be added “and”;

(b) after head (b) there shall be added the following head—

“(c) shall exclude the amount of any rent which, in the Executive’s opinion, is fairly attributable to the provision of any of the following services—

(i) the cleaning of rooms and windows (except services specified in sub-paragraphs (a)(iv)(aa) or (bb) of paragraph 1 of Schedule 1 (ineligible service charges);

(ii) the provision of an emergency alarm system;

(iii) medical expenses;

(iv) the provision of nursing care or personal care, and

(v) general counselling or other support services,

and which is not excluded by virtue of head (b).”.

(1)

Schedule 1A was inserted by regulation 15 of S.R. 1996 No. 111