The Social Security (Claims and Information) Regulations (Northern Ireland) 2001

Claims for Housing Benefit

7.  After regulation 72 of the Housing Benefit Regulations (time and manner in which claims are to be made) there shall be inserted the following regulation—

“Date of claim where claim sent or delivered to an office of the Department, the Department of Higher and Further Education, Training and Employment or a person providing services to either of those Departments

72A.— (1) Where a claim for housing benefit has been sent or delivered to an office of the Department, the Department of Higher and Further Education, Training and Employment or a person providing services to either of those Departments in accordance with regulation 72(4)(d)(1) (the “relevant office”), the date on which the claim is made shall be—

(a) except where paragraph (b) applies, the date the claim is received at the relevant office, or

(b) where in the 4 weeks before the claim is received, the person making the claim or a person acting on his behalf had notified a relevant office of his intention to make such a claim, the date the notification was given.

(2) A notification of intention to make a claim is deemed to be given on the date on which notification of the intention to claim housing benefit is received, in whatever form, from the claimant, or the person acting on his behalf, at a relevant office.

(3) Paragraph (2) applies where neither income support nor a jobseeker’s allowance is claimed in conjunction with housing benefit.

(4) Where the person claiming housing benefit in accordance with regulation 72(4)(d), or the partner of that person—

(a) has an award of income support or income-based jobseeker’s allowance; or

(b) has claimed such a benefit but no award has been made,

the date on which the claim for housing benefit is made shall be—

(i) in a case where a claimant or his partner—

(aa) is a person who has been awarded income support or an income-based jobseeker’s allowance; and

(bb) first notifies his intention to claim housing benefit within 4 weeks of the date on which his claim for that income support or jobseeker’s allowance was received at an appropriate office,

the first day of entitlement to income support or an income-based jobseeker’s allowance, but if the first notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at a relevant office within one month of that notification; and for the purposes only of this sub-paragraph a person who has been awarded an income-based jobseeker’s allowance shall be treated as also entitled to that allowance for any days which immediately precede the first day in that award and on which he would, but for regulations made under paragraph 4 of Schedule 1 to the Jobseekers (Northern Ireland) Order 1995(2) (waiting days), have been entitled to that allowance;

(ii) in a case where the claimant or his partner—

(aa) claimed income support or a jobseeker’s allowance; but

(bb) has no entitlement to income support or an income-based jobseeker’s allowance,

the first date on which notification is deemed to be given in accordance with paragraph (2), but if that notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at a relevant office within one month of that notification;

(iii) in a case where a claimant or his partner—

(aa) is a person on income support or entitled to an income-based jobseeker’s allowance;

(bb) has become liable for the first time to make payments in respect of the dwelling which he occupies as his home; and

(cc) first notifies his intention to make a claim for housing benefit within 4 weeks of the commencement of the rental liability,

the date on which the liability to make those payments arises, but if the first notification is by any means other than a claim which meets the requirements of regulation 72(1) such a claim must be received at a relevant office within one month of that notification;

(iv) in any other case, the date on which the claim for housing benefit is received at the relevant office.”.

(1)

Sub-paragraph (d) is inserted by regulation 8(3) of these Regulations

(2)

S.I. 1995/2705 (N.I. 15)