The Housing Benefit (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2004

PART 3 TRANSITIONAL AND SAVING PROVISIONS

Transitional provision

24.—(1) Paragraphs (2) and (3) apply in the case of a claimant whose, or whose partner's, benefit period ends before 5th April 2004.

(2) Where paragraph (1) applies, regulation 72(12) and (13)(1) of the Housing Benefit Regulations (time and manner in which claims are to be made) shall continue to have effect until 3rd May 2004.

(3) Where paragraph (1) applies and either –

(a) a claimant makes a claim for a further grant of housing benefit in accordance with regulation 72(12) of the Housing Benefit Regulations after 5th April 2004 but no later than 4 weeks after the end of the benefit period, or

(b) a relevant authority invites that claimant to make a claim for a further grant of housing benefit in accordance with regulation 72(13) of the Housing Benefit Regulations and following that invitation, a claim is received from that claimant after 5th April 2004 but no later than 4 weeks after the end of the benefit period,

that claim shall be treated as having been made immediately after the end of the benefit period.

Transitional provision for the Executive’s rent decisions

25.—(1) If, on 5th April 2004, more than 52 weeks have elapsed since the Executive last made a rent decision in relation to a claimant's, or his partner's, claim for, or award of, housing benefit under regulation 10A of the Housing Benefit Regulations (decisions), the Executive shall make a rent decision as soon as is practicable after 5th April 2004.

(2) The Executive may make a rent decision under paragraph 4 of Schedule 7 to the Act in a case to which paragraph (1) applies.

(3) Where the Executive makes a rent decision under paragraph (2), in consequence of paragraph (1), the decision shall take effect –

(a) in a case where the amount of the rent decision has increased or remains unchanged, on 5th April 2004, or

(b) in a case where the amount of the rent decision has decreased, the first day of the benefit week following the date on which that decision was made by the Executive.

Saving provision for extended payments

26.—(1) Paragraph (2) shall apply where a person or his partner is –

(a) treated as having made a claim under regulation 62A of the Housing Benefit Regulations (extended payments) before 5th April 2004, or

(b) in receipt of an extended payment under that regulation on 5th April 2004.

(2) Where paragraph (1) applies –

(a) subject to sub-paragraph (b), regulation 62A and Schedule 5A shall apply to him as in force immediately before 5th April 2004;

(b) sub-paragraphs (a) and (b) of paragraph (5) of regulation 62A shall have effect as if after “beneficiary”, in each place where it occurs, there were inserted “or his partner”, and

(c) sub-paragraph (b) of paragraph (5) of regulation 62A shall have effect as if for “deemed to be” until the end of that sub-paragraph there were substituted “treated as having been made in respect of a period beginning immediately after the end of the benefit period”.

(1)

Regulation 72(13) was amended by regulation 9(b) of S.R. 1991 No. 47, regulation 13(c) of S.R. 1996 No. 334, regulation 4(3)(a)(i)(aa) and (bb) and 4(3)(a)(ii) and (iii) of S.R. 1999 No. 381, regulation 4 of S.R. 2001 No. 99 and Schedule 1 of S.R. 2001 No. 215