The Housing Benefit (Daily Liability Entitlement) (Amendment) Regulations (Northern Ireland) 2007

Made1st March 2007

Coming into operation1st April 2007

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 5(1)(l) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 19921, and now vested in it2 and paragraphs 4(5) and 20(1)(b) and (3) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 20003.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Housing Benefit (Daily Liability Entitlement) (Amendment) Regulations (Northern Ireland) 2007 and shall come into operation on 1st April 2007.

2

The Interpretation Act (Northern Ireland) 19544 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Housing Benefit Regulations2

1

The Housing Benefit Regulations (Northern Ireland) 20065 shall be amended in accordance with paragraphs (2) and (3).

2

In regulation 74 (date on which entitlement is to commence)—

a

for paragraph (3)(c) substitute—

c
he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of the accommodation specified in paragraph (4) which he occupies as his home.

b

after regulation 74(3) add—

4
The accommodation referred to in paragraph (3)(c) is—
a
a hostel;
b
board and lodging accommodation where the payments are to the Executive under Article 12(2) of the Housing (Northern Ireland) Order 1988;
c
accommodation secured by the Executive where the payments are to the Executive under Article 12(2) of that Order; or
d
accommodation which the Executive holds on a lease granted for a term not exceeding 10 years.
5
In this regulation “board and lodging accommodation” means—
a
accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than a person to whom the accommodation is provided or by a member of his family) and are consumed in that accommodation or associated premises; or
b
accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,
but it does not include accommodation in a care home, an Abbeyfield Home, an independent hospital or a hostel.

3

In regulation 77(10) (date on which change of circumstances is to take effect) omit the words “in respect of a hostel”.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations3

1

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 20066 shall be amended in accordance with paragraphs (2) and (3).

2

In regulation 55 (date on which entitlement is to commence)—

a

for paragraph (2)(b) substitute—

b
he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of the accommodation specified in paragraph (3) which he occupies as his home.

b

after regulation 55(2) add—

3
The accommodation referred to in paragraph (2)(b) is—
a
a hostel;
b
board and lodging accommodation where the payments are to the Executive under Article 12(2) of the Housing (Northern Ireland) Order 1988;
c
accommodation secured by the Executive where the payments are to the Executive under Article 12(2) of that Order; or
d
accommodation which the Executive holds on a lease granted for a term not exceeding 10 years.
4
In this regulation “board and lodging accommodation” means—
a
accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than a person to whom the accommodation is provided or by a member of his family) and are consumed in that accommodation or associated premises; or
b
accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,
but it does not include accommodation in a care home, an Abbeyfield Home, an independent hospital or a hostel.

3

In regulation 57(10) (date on which change of circumstances is to take effect) omit the words “in respect of a hostel”.

Sealed with the Official Seal of the Department for Social Development on 1st March 2007

(L.S.)John O’NeillA senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit Regulations (Northern Ireland) 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006.

Regulation 2 amends the Housing Benefit Regulations (Northern Ireland) 2006 to provide that persons who have a daily rent liability and reside in certain types of accommodation may be entitled to housing benefit from the first day of occupation rather than the Monday following the date the claim is received. An amendment is also made to provide that in circumstances where rent is payable on a daily basis the effective date of the change of circumstances ending entitlement will be the day the change happened rather than the end of the benefit week.

Regulation 3 makes equivalent provisions in relation to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.