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The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007

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Amendment of the Housing Benefit Regulations

7.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(1) are amended in accordance with paragraphs (2) to (10).

(2) In regulation 2(1) (interpretation) after the definition of “war widower’s pension” insert—

“water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home;.

(3) In regulation 13 (rent)—

(a)after paragraph (3)(b)(i) insert—

(ia)except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (6A); ; and

(b)after paragraph (6) insert—

(6A) The amount of the deduction referred to in paragraph (3)(b)(ia) shall be—

(a)except in a case to which sub-paragraph (c) applies, if the dwelling occupied by the claimant is a self-contained unit, the amount of the charges;

(b)in any other case except one to which sub-paragraph (c) applies, the proportion of those charges in respect of the self-contained unit which is obtained by dividing the area of the dwelling occupied by the claimant by the area of the self-contained unit of which it forms part;

(c)where the charges vary in accordance with the amount of water actually used, the amount which the Executive considers to be fairly attributable to water, and sewerage services, having regard to the actual or estimated consumption of the claimant..

(4) In regulation 14(18) (maximum rent) in the definition of “reckonable rent” for “or deduction for meals” substitute “, deduction for meals or water charges”.

(5) In regulation 39(6) (notional income) at the end of sub-paragraph (b) add “or is used for any water charges for which that claimant or member is liable”.

(6) In regulation 46(3) (notional capital) at the end of sub-paragraph (b) add “or is used for any water charges for which that claimant or member is liable”.

(7) In regulation 63(3) (treatment of payments from access funds) after “his family” insert “, and any payments from access funds which are used for any water charges for which that claimant or member is liable”.

(8) In regulation 66(3) (amounts treated as capital) after “his family,” insert “or which is used for any water charges for which that claimant or member is liable,”.

(9) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 13 at the end of sub-paragraph (2) add “, or is used for any water charges for which that claimant or member is liable”;

(b)in paragraph 18—

(i)in sub-paragraph (2)(b) after “rates” insert “or water charges”, and

(ii)after sub-paragraph (3) add—

(4) The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.; and

(c)in paragraph 61 at the end of sub-paragraph (2) add “, or any water charges for which that claimant or member is liable”.

(10) In Schedule 7 (capital to be disregarded) in paragraph 49 at the end of sub-paragraph (2) add “, or any water charges for which that claimant or member is liable”.

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