The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2006

Amendment of the Housing Benefit (General) Regulations

3.—(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987(1) shall be amended in accordance with paragraphs (2) to (7).

(2) The amendments made by paragraphs (3) and (5) are to the Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003(2) applies.

(3) In regulation 25(1)(3) (meaning of “income”)—

(a) at the end of sub-paragraph (r) the word “and” shall be omitted; and

(b) after sub-paragraph (s) there shall be added—

“and

(t) PPF periodic payments within the meaning of section 17(1)(4) of the State Pension Credit Act.”.

(4) In regulation 35 (notional income)—

(a) in paragraph (2)(c)(5) for “or retirement annuity contract” there shall be substituted “, retirement annuity contract or a payment made by the Board of the Pension Protection Fund”;

(b) in paragraph (3)(za)(6) for “or is a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”;

(c) in paragraph (3A)(d)(7) for “or in respect of a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; and

(d) in paragraph (4)(a) for “or, as the case may be, (3)(b)” there shall be substituted “or (c)”(8).

(5) In regulation 37(2) (income paid to third parties) for “or in respect of a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.

(6) In regulation 43 (notional capital)—

(a) in paragraph (2)(d)(9) for “or retirement annuity contract” there shall be substituted “, retirement annuity contract or a payment made by the Board of the Pension Protection Fund”;

(b) in paragraph (3)(za)(10) for “or is a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; and

(c) in paragraph (3A)(c)(11) for “or in respect of a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.

(7) In regulation 65 (date on which entitlement is to commence)—

(a) in paragraph (1)(12) for “paragraph (2)”there shall be substituted “paragraphs (2) and (3)”; and

(b) after paragraph (2) there shall be added the following paragraph—

“(3) A claimant shall become entitled to housing benefit from the benefit week in which the first day in respect of which his claim is made falls, where—

(a) he is otherwise entitled to housing benefit;

(b) paragraph (2) does not apply to him; and

(c) he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of a hostel which he occupies as his home.”.

(1)

S.R. 1987 No. 461; relevant amending regulations are S.R. 1990 No. 137, S.R. 1995 No. 367, S.R. 1999 No. 391, S.R. 2003 Nos. 197 and 418, S.R. 2004 Nos. 144, 390 and 394 and S.R. 2005 Nos. 98 and 424

(2)

S.R. 2003 No. 197

(3)

Regulation 25(1) was amended by regulation 2(5)(b) of S.R. 2003 No. 418, regulation 2(10)(a) of S.R. 2004 No. 394 and regulation 2(5) of S.R. 2005 No. 98

(4)

Section 17(1) was amended by paragraph 3(3) of the Schedule to S.R. 2006 No. 37

(5)

Paragraph (2)(c) was substituted by regulation 3(4)(a) of S.R. 1995 No. 367 and amended by regulation 3(2) of S.R. 2005 No. 424

(6)

Paragraph (3)(za) was inserted by regulation 2(2)(a) of S.R. 1999 No. 391

(7)

Paragraph (3A)(d) was added by regulation 2(3)(a) of S.R. 1999 No. 391

(8)

Regulation 69(2)(c) was inserted by regulation 2(11)(a)(ii) of S.R. 2005 No. 444

(9)

Paragraph (2)(d) was added by regulation 3(5) of S.R. 1995 No. 367 and amended by regulation 3(3) of S.R. 2005 No. 424

(10)

Paragraph (3)(za) was inserted by regulation 2(2)(a) of S.R. 1999 No. 391

(11)

Paragraph (3A)(c) was added by regulation 2(3)(a) of S.R. 1999 No. 391

(12)

Paragraph (1) was amended by regulation 4(3)(a) of S.R. 1990 No. 137, regulation 14(a) of S.R. 2004 No. 144, and regulation 2(4)(a) of S.R. 2004 No. 390