PART 2Provisions affecting entitlement to rate relief
Exclusions from rate relief
Exclusions from rate relief
9
Where one member of a family is entitled to rate relief that entitlement excludes any other member being entitled to that relief for the same period.
10
A person shall not be entitled to rate relief where he is a person who is not chargeable to rates in respect of a hereditament.
Modification of Part II and Schedule A111
1
Part II of the Housing Benefit (State Pension Credit) Regulations (provisions affecting entitlement to housing benefit) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—
a
as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;
b
as if for “benefit weeks”, wherever it occurs, there were substituted “rate relief weeks”;
c
as if—
i
for “dwelling”, wherever it occurs, there were substituted “hereditament”;
ii
in regulation 7(6) for “dwellings”, wherever it occurs, there were substituted “hereditaments”;
d
as if in regulation 7—
i
in paragraphs (3) and (4) “(including payments of mortgage interest or analogous payments)” were omitted;
ii
in paragraph (3) after “of a dwelling)” there were inserted “as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 21 of those Regulations”;
iii
in paragraph (6)(b) after “Housing Benefit Regulations” there were inserted “as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 21 of those Regulations”;
iv
in paragraph (9)—
aa
in sub-paragraph (a) after “regulation 62”;
bb
in sub-paragraph (b) after “Part IX”,
there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 25”;
e
as if in regulation 8—
i
in paragraph (1)—
aa
after “regulation 9” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;
bb
in sub-paragraph (e) after “Housing Benefit Regulations” there were inserted “as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 21 of those Regulations”;
ii
in paragraph (2) after “to 60” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 23”;
f
as if in regulation 9(1)(l) for “Part VII of the Act” there were substituted “Article 30A of the principal Order”;
g
as if in regulation 10—
i
in paragraph (1) after “Schedule A1 (treatment of claims for housing benefit by refugees)” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;
ii
in paragraph (6) after “2000” there were inserted “as applied for the purposes of these Regulations by regulation 13”;
h
as if in regulation 10A—
i
after “Schedule A1”, wherever it occurs, there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;
ii
in paragraph (1)(a) for “; and” there were substituted “.”;
iii
paragraphs (1)(b) and (2) were omitted.
2
Schedule A1 to the Housing Benefit (State Pension Credit) Regulations shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—
a
as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;
b
as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;
c
as if for “benefit”, wherever it occurs, there were substituted “rate relief”;
d
as if “rent or”, wherever it occurs, were omitted;
e
as if in paragraph 2(4) after “regulation 62(13)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 25”;
f
as if paragraph 3(1) were omitted;
g
as if in paragraph 4 after “Part V” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;
h
as if in paragraph 6 after “regulation 65” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 25”;
i
as if in paragraph 7 after “Part VII” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;
j
as if in paragraph 8—
i
in sub-paragraph (2) after “regulation 71”;
ii
in sub-paragraph (3) “and 74”,
there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 30”;
k
as if in paragraph 10 after “Schedule 9” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 29”.
Modification of the Immigration and Asylum Act 199912
Section 115 of the Immigration and Asylum Act 199910 (exclusion from benefits) shall apply for the purposes of these Regulations as it applies to the Housing Benefit (State Pension Credit) Regulations with the following modifications—
a
as if for paragraph (1) there were substituted—
1
A person shall not be entitled to rate relief while he is a person to whom this section applies.
b
as if paragraphs (2), (5), (7) and (8) were omitted;
c
as if for paragraph (6) there were substituted—
6
In relation to rate relief “prescribed” means prescribed by regulations made by the Department of Finance and Personnel.
Modification of the Social Security (Immigration and Asylum) Consequential Amendments Regulations13
Regulation 2 of and Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 200011 shall apply for the purposes of these Regulations as they apply for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—
a
as if in regulation 2—
i
in paragraph (1) for “income-based jobseeker’s allowance, income support, a social fund payment or housing benefit under the Contributions and Benefits Act, as the case may be,” there were substituted “rate relief”;
ii
paragraphs (2), (3), (4)(b), (5) were omitted;
iii
in paragraph (4)(a) for “income support, a social fund payment or housing benefit under the Contributions and Benefits Act, as the case may be,” there were substituted “rate relief”;
iv
in paragraph (6)—
aa
for “housing benefit or a social fund payment under the Contributions and Benefits Act, as the case may be,” there were substituted “rate relief”;
bb
after “regulation 11(4)” there were inserted “of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000”;
b
as if in Part I of the Schedule for the title there were substituted “Persons not excluded from rate relief under section 115 of the Immigration and Asylum Act 1999”.