Search Legislation

The Social Security (Housing Costs and Miscellaneous Amendments) Regulations (Northern Ireland) 2007

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Housing Costs and Miscellaneous Amendments) Regulations (Northern Ireland) 2007 and shall come into operation on 17th December 2007.

(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support (General) Regulations

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(2) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 6(5)(3) (persons not treated as engaged in remunerative work)—

(a)in sub-paragraph (c)(i) for “a loan which qualifies under paragraph 15 (loans on residential property) or 16 (loans for repairs and improvements to the dwelling occupied as the home)” substitute “housing costs which qualify under paragraphs 15 to 17”;

(b)in sub-paragraph (c)(ii) for “a loan which qualifies under paragraph 14 (loans on residential property) or 15 (loans for repairs and improvements to the dwelling occupied as the home” substitute “housing costs which qualify under paragraphs 14 to 16”, and

(c)in sub-paragraph (d) for “on such a loan” substitute “in respect of such housing costs”.

(3) In Schedule 3(4) (housing costs)—

(a)in paragraph 1A(5) (previous entitlement to income-based jobseeker’s allowance)—

(i)for the heading substitute “Previous entitlement to income-based jobseeker’s allowance or state pension credit”;

(ii)in sub-paragraph (1)(a) for “paragraph 14 or 15” substitute “paragraphs 14 to 16”;

(iii)after sub-paragraph (1) insert—

(1A) Where a claimant or his partner was in receipt of state pension credit not more than 12 weeks before one of them becomes entitled to income support or, where the claimant or his partner is a person to whom paragraph 14(2) or (8) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—

(a)the appropriate minimum guarantee included an amount in respect of housing costs under paragraphs 11 to 13 of Schedule 2 to the State Pension Credit Regulations (Northern Ireland) 2003(6), and

(b)the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income support shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined., and

(iv)in sub-paragraph (2) after “jobseeker’s allowance” insert “or (as the case may be) state pension credit”.

(b)in paragraph 4 (housing costs not met) after sub-paragraph (4A)(7) insert—

(4B) A person treated by virtue of paragraph 14 as being in receipt of income support for the purposes of this Schedule is not to be treated as entitled to income support for the purposes of sub-paragraph (4)., and

(c)in paragraph 12(8) (the standard rate)—

(i)in sub-paragraph (2) for “sub-paragraphs (3), (4) and (6)” substitute “sub-paragraph (3)”, and

(ii)omit sub-paragraphs (4) to (6).

Amendment of the Social Security (Claims and Payments) Regulations

3.  In Schedule 8B to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(9) (deductions of mortgage interest from benefit and payment to qualifying lenders), in paragraph 2A(4)(10) (specified circumstances for the purposes of regulation 34ZB), for “19” substitute “20”.

Amendment of the Jobseeker’s Allowance Regulations

4.  In Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(11)—

(a)in paragraph 1A(12) (previous entitlement to income support)—

(i)for the heading substitute “Previous entitlement to income support or state pension credit”;

(ii)in sub-paragraph (1)(a) for “paragraph 15 or 16” substitute “paragraphs 15 to 17”;

(iii)after sub-paragraph (1) insert—

(1ZA) Where a claimant or his partner was in receipt of state pension credit not more than 12 weeks before one of them becomes entitled to income-based jobseeker’s allowance or, where the claimant or his partner is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—

(a)the appropriate minimum guarantee included an amount in respect of housing costs under paragraphs 11 to 13 of Schedule 2 to the State Pension Credit Regulations (Northern Ireland) 2003, and

(b)the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income-based jobseeker’s allowance shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.;

(iv)after sub-paragraph (1A) insert—

(1B) Where either member of a joint-claim couple was in receipt of state pension credit not more than 12 weeks before the couple becomes entitled to a joint-claim jobseeker’s allowance, or, where either member is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—

(a)the appropriate minimum guarantee included an amount in respect of housing costs under paragraphs 11 to 13 of Schedule 2 to the State Pension Credit Regulations (Northern Ireland) 2003, and

(b)the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for joint-claim jobseeker’s allowance shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined., and

(v)in sub-paragraph (2) after “income support” insert “or (as the case may be) state pension credit”.

(b)in paragraph 4 (housing costs not met) after sub-paragraph (4A)(13) insert—

(4B) A person treated by virtue of paragraph 13 as being in receipt of a jobseeker’s allowance for the purposes of this Schedule is not to be treated as entitled to a jobseeker’s allowance for the purposes of sub-paragraph (4)., and

(c)in paragraph 11(14) (the standard rate)—

(i)in sub-paragraph (2) for “sub-paragraphs (3), (4) and (6)” substitute “sub-paragraph (3)”, and

(ii)omit sub-paragraphs (4) to (6).

Amendment of the State Pension Credit Regulations

5.  In Schedule 2 (housing costs) to the State Pension Credit Regulations (Northern Ireland) 2003(15), in paragraph 9(16) (the standard rate)—

(a)in sub-paragraph (2) for “sub-paragraphs (3), (4) and (6)” substitute “sub-paragraph (3)”, and

(b)omit sub-paragraphs (4) to (6).

Sealed with the Official Seal of the Department for Social Development on 15th November 2007

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources