The Housing Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations (Northern Ireland) 2001

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations (Northern Ireland) 2001 and shall come into operation on 2nd July 2001.

(2) In these Regulations “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(1).

(3) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to an Act of the Assembly.

Definitions

2.  In regulation 2(1) of the Housing Benefit Regulations—

(a) there shall be inserted in the appropriate places the following definitions—

““the Decisions and Appeals Regulations” means the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(3);”;

““relevant authority” means an authority administering housing benefit;”;

(b) for the definition of “person affected”(4) there shall be substituted the following definition—

• ““person affected” shall be construed in accordance with regulation 3 of the Decisions and Appeals Regulations;”.

Substitution of references to “appropriate authority”

3.—(1) Except in a case where paragraph (2) applies, in the provisions of the Housing Benefit Regulations specified in Schedule 1 for the words “appropriate authority”, wherever they appear, there shall be substituted “relevant authority”.

(2) In regulation 73(5)(5) of, and paragraph 1 of Schedule 6 to, the Housing Benefit Regulations for “an appropriate authority” there shall be substituted “a relevant authority”.

Substitution of references to “determination” and related references

4.  In the Housing Benefit Regulations—

(a) in regulation 5—

(i) in paragraph (6)(b) for “that claim has not yet been determined” there shall be substituted “no decision has yet been made on that claim”;

(ii) in paragraph (7)(a)(6) for “which has not yet been determined” there shall be substituted “in respect of which a decision has not yet been made”;

(b) in regulation 10A(7)—

(i) in the heading for “Determinations” there shall be substituted “Decisions”;

(ii) for “determination”, wherever that word appears, there shall be substituted “decision”;

(c) in regulation 11(8)—

(i) in paragraphs (1) to (3A)(9), (4) to (7)(10), (11)(11) and (16)(12) for “determined”, wherever that word appears, there shall be substituted “decided”;

(ii) in paragraphs (1), (7) and (16) for “determination”, wherever that word appears, there shall be substituted “decision”;

(iii) in paragraphs (5D) and (7) for “determining” there shall be substituted “deciding”;

(d) in regulation 11(1), as saved by regulation 16 of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996(13), for “determined” there shall be substituted “decided”;

(e) in regulation 12A(14)—

(i) in the heading for “determinations” there shall be substituted “decisions”;

(ii) in paragraphs (1), (2) and (3) for “determination”, wherever that word appears, there shall be substituted “decision”;

(iii) in paragraph (4) for “determining” there shall be substituted “deciding”;

(f) in regulation 72(4)(c)(15) for “date of determination of” there shall be substituted “date on which a decision was made on”;

(g) in regulation 74 for “determination”, in both places where that word appears, there shall be substituted “decision”;

(h) in regulation 75(1) for “its determination” there shall be substituted “a decision being made on it”;

(i) in the heading to Part XI for “Determination of” there shall be substituted “Decisions on”;

(j) in regulation 76—

(i) in the heading for “determination” there shall be substituted “decision”;

(ii) in paragraph (2) for “determine” there shall be substituted “make a decision on”;

(iii) in paragraph (3) for “Every claim shall be determined by the appropriate authority” there shall be substituted “The relevant authority shall make a decision on each claim”;

(k) in regulation 77(16)—

(i) in the heading for “determinations” there shall be substituted “decisions”;

(ii) in paragraph (1) for “determination”, wherever that word appears, there shall be substituted “decision”;

(iii) in paragraph (4)(17)—

(aa) for “determination”, in the first place where that word appears, there shall be substituted “a decision”;

(bb) for “as to its determination of” there shall be substituted “for its decision on”;

(l) in regulation 91—

(i) in paragraph (1)(18) for “determine” there shall be substituted “make a decision on” and in sub-paragraph (b) for “determination”, in both places where that word appears, there shall be substituted “decision”;

(ii) in paragraph (2) for “subsequent determination” there shall be substituted “subsequent decision”;

(iii) in paragraph (3) for “subsequent determination” there shall be substituted “the basis of the subsequent decision”;

(m) in regulation 94(1A)(19) for “determination of” there shall be substituted “making of a decision on”;

(n) in regulation 97(1A)(20) for “determination” there shall be substituted “decision”;

(o) in regulation 98(a)(21) for “determined” there shall be substituted “decided”;

(p) in regulation 104(1)(b) and (3)(22) for “determination” there shall be substituted “decision”;

(q) in paragraph 10 of Schedule A1(23) and in the heading to that paragraph for “notice of determination” there shall be substituted “the decision notice”;

(r) in Schedule 1A(24)—

(i) in the heading to—

(aa) that Schedule, and

(bb) Part I of that Schedule,

for “Determinations” there shall be substituted “Decisions”;

(ii) for “determination”, wherever that word appears, there shall be substituted “decision”;

(iii) for “determine”, wherever that word appears, there shall be substituted “decide”;

(iv) for “determines”, wherever that word appears, there shall be substituted “decides”;

(v) for “determined”, wherever that word appears, there shall be substituted “decided”;

(vi) in paragraph 3(4) for “determining” there shall be substituted “deciding”;

(s) in Schedule 1B(25)—

(i) subject to sub-paragraph (ii), for “determination”, wherever that word appears, there shall be substituted “decision”;

(ii) in paragraph 2(3)(c)(26) for “(size and rent determinations)” there shall be substituted “(size and rent)”.

Substitution of references to “review” and related references

5.  In the Housing Benefit Regulations—

(a) in regulation 11(6) for “review” there shall be substituted “revision”;

(b) in regulation 36(5)(27) for “review”, in both places where that word appears, there shall be substituted “revision”;

(c) in regulation 97(1)—

(i) for “determination which is subsequently revised upon review or further review” there shall be substituted “decision which is subsequently revised or further revised”;

(ii) for “determination”, in both other places where that word appears, there shall be substituted “decision”;

(d) in regulation 98 for “initial determination or as subsequently revised on review or further review” there shall be substituted “the initial decision as subsequently revised or further revised”;

(e) in regulation 99(4A)(28)—

(i) for “reviewed” there shall be substituted “revised”;

(ii) for “date of the review” there shall be substituted “date on which the revision took place”.

Amendment of Schedule 6 to the Housing Benefit Regulations

6.  In Schedule 6 to the Housing Benefit Regulations(29)—

(a) in the heading for “Notice of Determination” there shall be substituted “Decision Notice”;

(b) subject to sub-paragraph (g), for “notice of determination”, wherever those words appear, there shall be substituted “decision notice”;

(c) except in a case to which sub-paragraph (b) applies, for “determination”, wherever that word appears, there shall be substituted “decision”;

(d) in paragraph 1 for “79 (review of determinations)” there shall be substituted “in regulation 10 of the Decisions and Appeals Regulations”;

(e) in paragraph 3 for “written representations in accordance with regulation 79(2)” there shall be substituted “an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations and, where appropriate, to appeal against that decision”;

(f) in paragraph 4 for “written representations in accordance with regulation 79(2)” there shall be substituted “an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations”;

(g) for paragraph 5 there shall be substituted the following paragraph—

“Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall, if the original decision has been revised, include a statement as to the right of any person affected by that decision to apply for a revision in accordance with regulation 4(1)(a) of those Regulations and the manner and time in which to do so.”;

(h) in paragraph 8—

(i) for “review” there shall be substituted “revision”;

(ii) in sub-paragraph (b) for “written representations in accordance with regulation 79(2)” there shall be substituted “an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations”;

(iii) for “reviewed” there shall be substituted “revised”.

Evidence and information

7.  In regulation 73 of the Housing Benefit Regulations—

(a) for paragraph (1)(30) there shall be substituted the following paragraphs—

“(1) Subject to paragraph (1A) and to paragraph 5 of Schedule A1 (treatment of claims for housing benefit by refugees: evidence and information), a person who makes a claim, or a person to whom housing benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person’s entitlement to, or continuing entitlement to, housing benefit and shall do so within 4 weeks of being required to do so or such longer period as the relevant authority may consider reasonable.

(1A) Nothing in this regulation shall require a person to furnish any certificates, documents, information or evidence relating to a payment to which paragraph (3) applies.”;

(b) in paragraph (2)(a) after “claimant” there shall be inserted “or the person to whom housing benefit has been awarded”;

(c) in paragraph (4)(31) after “claimant” there shall be inserted “or a person to whom housing benefit has been awarded”.

Other consequential amendments

8.  In the Housing Benefit Regulations—

(a) in regulation 68—

(i) in paragraph (1)(32) for “or regulation 68A” there shall be substituted “, regulation 68A or regulation 8(3) of the Decisions and Appeals Regulations”;

(ii) at the beginning of paragraph (2) there shall be inserted “Except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies,”;

(b) in regulation 96(1)(33) “, including any payment withheld under regulation 95(1) or (2) (withholding of benefit),” shall be omitted;

(c) for regulation 99(3)(34) there shall be substituted the following paragraph—

“(3) In paragraph (2) “overpayment caused by official error” means an overpayment caused by a mistake made whether in the form of an act or omission by—

(a) the relevant authority;

(b) an officer or person acting for that authority;

(c) an officer of—

(i) the Department;

(ii) the Department of Higher and Further Education, Training and Employment;

(iii) the Commissioners of the Inland Revenue, acting as such; or

(d) a person providing services to either Department or to the Commissioners referred to in sub-paragraph (c),

where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.”.

Revocations

9.  The provisions of the Housing Benefit Regulations specified in Schedule 2 shall be revoked.

Maximum housing benefit: consequential amendments

10.—(1) In regulation 61 of the Housing Benefit Regulations(35)—

(a) paragraphs (2), (2A), (3) and (4) shall be omitted;

(b) paragraph (1) shall be renumbered “61.”.

(2) In paragraph 7 of Schedule A1 to the Housing Benefit Regulations—

(a) in sub-paragraph (1) “Subject to sub-paragraph (2),” shall be omitted;

(b) sub-paragraph (2) shall be omitted;

(c) sub-paragraph (1) shall be renumbered “7.”.

Sealed with the Official Seal of the Department for Social Development on 18th May 2001.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 18th May 2001.

L.S.

David Sterling

Senior Officer of the

Department of Finance and Personnel