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

Explanatory Note

(This note is not part of the Regulations.)

These Regulations make consequential provision in the Housing Benefit (General) Regulations (Northern Ireland) 1987 (“the Housing Benefit Regulations”) in consequence of the coming into operation of section 59 of, and Schedule 7 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (“the Act”) which introduces new arrangements for decision making in relation to housing benefit and also upon section 60 of that Act which introduces a new scheme of discretionary financial assistance for those receiving housing benefit.

Regulation 2 inserts certain definitions into the Housing Benefit Regulations.

Regulation 3 and Schedule 1 substitute references to “appropriate authority” with references to “relevant authority”.

Regulation 4 modifies references to determinations in those Regulations and regulation 5 does the same in respect of references to reviews.

Regulation 6 amends Schedule 6 to those Regulations which deals with the formalities for notifications of decisions.

Regulation 7 amends the provisions relating to what evidence and information must be provided when submitting a claim for housing benefit.

Regulation 8 makes other consequential amendments relating to the coming into operation of section 59 of the Act and regulation 10 makes similar amendments relating to the coming into operation of section 60 of that Act.

Regulation 9 and Schedule 2 revoke various provisions.

The enabling provisions in the Act, under which these Regulations are made, were brought into operation, for the purpose only of authorising the making of regulations, on 22nd November 2000 by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 1) Order (Northern Ireland) 2000 (S.R. 2000 No. 358 (C. 16)).

As these Regulations are made by virtue of, or are consequential upon, provisions of the Act and are made before the end of the period of 6 months from the commencement of those provisions, they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992, from prior reference to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.