Search Legislation

The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations (Northern Ireland) 2008

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This is the original version (as it was originally made).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.

PART 3Modifications relating to certain persons who claim a relevant benefit after 4th January 2009

Application and interpretation

8.—(1) This Part applies in relation to a person who—

(a)claims a relevant benefit after 4th January 2009, and

(b)falls within any of the paragraphs (2) to (4).

(2) A claimant falls within this paragraph if Part 2 applied to him at any time.

(3) A claimant falls within this paragraph if he or she—

(a)is entitled to a relevant benefit, or

(b)was previously entitled to a relevant benefit at any time after 4th January 2009, and

(c)in either case the entitlement is not or was not immediately preceded by a linked period.

(4) A claimant falls within this paragraph if—

(a)the claimant or his or her partner or, if the claimant is a member of a joint-claim couple, the other member of the couple, was in receipt of state pension credit;

(b)the claimant—

(i)is entitled to a relevant benefit, or

(ii)was previously entitled to a relevant benefit at any time after 4th January 2009, and

(c)none of the following provisions apply or applied in relation to the entitlement referred to in sub-paragraph (b)(i) or (ii).

(5) The provisions are—

(a)paragraph 1A(1A)(1) (previous entitlement to income-based jobseeker’s allowance, income-related employment and support allowance or state pension credit) of Schedule 3 to the Income Support Regulations;

(b)paragraph 1A(1ZA)(2) or (1B)(3) (previous entitlement to income support, income-related employment and support allowance or state pension credit) of Schedule 2 to the Jobseeker’s Allowance Regulations;

(c)paragraph 3(2)(4) (previous entitlement to other income-related benefits) of Schedule 6 to the Employment and Support Allowance Regulations.

(6) In this Part—

“joint-claim couple” has the meaning given in Article 3(4)(5) of the Jobseekers (Northern Ireland) Order 1995;

“linked period” means a period in respect of which the claimant was required to be treated as being in receipt of a relevant benefit under the provisions of—

(a)

paragraph 14 (linking rule) of Schedule 3 to the Income Support Regulations;

(b)

paragraph 13 (linking rule) of Schedule 2 to the Jobseeker’s Allowance Regulations, or (as the case may be)

(c)

paragraph 15 (linking rules) of Schedule 6 to the Employment and Support Allowance Regulations.

Modification of the Income Support Regulations

9.  Schedule 3 (housing costs) to the Income Support Regulations applies in relation to a person to whom this Part applies as if—

(a)in paragraph 1(2)(6) (housing costs) the definitions of “existing housing costs” and “new housing costs” were omitted;

(b)paragraph 6 (existing housing costs) were omitted;

(c)in paragraph 8 (new housing costs)—

(i)the reference to “new” were omitted—

(aa)in the heading, and

(bb)in sub-paragraphs (1) and (1A);

(ii)in sub-paragraph (1) the reference to “39” were to “13”;

(iii)sub-paragraphs (2) to (5) were omitted;

(d)in paragraph 9(7) (general exclusions from paragraphs 6 and 8)—

(i)in the heading “paragraph 8” were substituted for “paragraphs 6 and 8”;

(ii)in sub-paragraph (1) “Paragraph 8” were substituted for “Paragraphs 6 and 8”;

(e)in paragraph 10(8) (the calculation for loans) the reference to “existing housing costs, or as the case may be, new housing costs” were to “housing costs”;

(f)in paragraph 11(9) (general provisions applying to new and existing housing costs)—

(i)for the heading there were substituted “General provisions applying to housing costs”;

(ii)sub-paragraphs (2) and (3) were omitted;

(iii)in sub-paragraph (5) the reference to “£100,000” were to “£200,000”;

(g)in paragraph 13(9) (excessive housing costs) “paragraph 8” were substituted for “paragraphs 6 and 8”;

(h)in paragraph 14 (linking rule)—

(i)in sub-paragraph (2)(10) “paragraph 6(1)(a)(i) or” were omitted;

(ii)in sub-paragraph (3AA)(a)(11) the reference to “6(1) or” were omitted;

(iii)for sub-paragraph (9)(12) there were substituted—

(9) Where sub-paragraph (8) applies, in determining for the purposes of paragraph 8(1) whether a person has been entitled to income support for a continuous period of 13 weeks or more, any week falling between the date of the termination of the previous award and the date of the new claim is to be ignored., and

(iv)in sub-paragraph (13)(13) the reference to “6(1)(a), 6(1)(b) or” were omitted.

Modification of the Jobseeker’s Allowance Regulations

10.  Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations applies in relation to a person to whom this Part applies as if—

(a)in paragraph 1(2) (housing costs) the definitions of “existing housing costs”(14) and “new housing costs” were omitted;

(b)after paragraph 4(15) (housing costs not met) there were inserted—

Housing costs: limitation applicable to qualifying loans

4A.(1) Subject to sub-paragraph (2) and (3), no amount may be met in respect of housing costs under paragraph 14 or 15 where the claimant has been in receipt of housing costs under either or both of those paragraphs for a total of 104 weeks, beginning with the last day on which he or she became entitled to a jobseeker’s allowance that was not immediately preceded by a linked period.

(2) No week in which the appropriate amount specified in paragraph 10(4) is £100,000 in relation to that claimant is to count towards the 104 week total.

(3) Sub-paragraph (1) does not apply where—

(a)the claimant or his or her partner or, if the claimant is a member of a joint-claim couple, the other member of the couple, was previously entitled to income support or employment and support allowance, and

(b)12 weeks or less has elapsed since the last day of that entitlement and the first day of entitlement to a jobseeker’s allowance.;

(c)paragraph 6 (existing housing costs) were omitted;

(d)in paragraph 7 (new housing costs)—

(i)the reference to “new” were omitted—

(aa)in the heading, and

(bb)in sub-paragraphs (1) and (2);

(ii)in sub-paragraph (1) the reference to “39” were to “13”;

(iii)sub-paragraphs (3) to (7) were omitted;

(e)in paragraph 8(16) (general exclusions from paragraphs 6 and 7)—

(i)in the heading “paragraph 7” were substituted for “paragraphs 6 and 7”;

(ii)in sub-paragraph (1) “Paragraph 7” were substituted for “Paragraphs 6 and 7”;

(f)in paragraph 9(17) (the calculation for loans) the reference to “existing housing costs, or as the case may be, new housing costs” were to “housing costs”;

(g)in paragraph 10 (general provisions applying to new and existing housing costs)—

(i)for the heading there were substituted “General provisions applying to housing costs”;

(ii)sub-paragraphs (1) and (2) were omitted;

(iii)in sub-paragraph (4) the reference to “£100,000” were to “£200,000”;

(h)in paragraph 12(9) (excessive housing costs) “paragraph 7” were substituted for “paragraphs 6 and 7”;

(i)for paragraph 13 (linking rule)—

(i)in sub-paragraph (2)(18) the reference to “paragraph 6(1)(a)(i) or” were omitted;

(ii)in sub-paragraph (4A)(a)(19) the reference to “6(1) or” were omitted;

(iii)for sub-paragraph (11) there were substituted—

(11) Where sub-paragraph (10) applies, in determining for the purposes of paragraph 7(1) whether a person has been entitled to a jobseeker’s allowance for a continuous period of 13 weeks or more, any week falling between the date of the termination of the previous award and the date of the new claim is to be ignored.;

(iv)in sub-paragraph (15)(20) the reference to “6(1)(a), 6(1)(b) or” were omitted;

(j)in paragraph 18(21) (continuity with income support) sub-paragraph (1)(a) were omitted.

Modification of the Employment and Support Allowance Regulations

11.  Schedule 6 (housing costs) to the Employment and Support Allowance Regulations applies in relation to a person to whom this Part applies as if—

(a)in paragraph 1(2) (housing costs) the definitions of “existing housing costs” and “new housing costs” were omitted;

(b)paragraph 8 (existing housing costs) were omitted;

(c)in paragraph 9 (new housing costs)—

(i)the reference to “new” were omitted—

(aa)in the heading, and

(bb)in sub-paragraphs (1) and (2);

(ii)in sub-paragraph (1) the reference to “39” were to “13”;

(iii)sub-paragraphs (4) to (7) were omitted;

(d)in paragraph 10 (general exclusions from paragraphs 8 and 9)—

(i)in the heading “paragraph 9” were substituted for “paragraphs 8 and 9”;

(ii)in sub-paragraph (1) “Paragraph 9” were substituted for “Paragraphs 8 and 9”;

(e)in paragraph 11 (the calculation for loans) the reference to “existing housing costs or, as the case may be, new housing costs” were to “housing costs”;

(f)in paragraph 12 (general provisions applying to new and existing housing costs)—

(i)for the heading there were substituted “General provisions applying to housing costs”;

(ii)sub-paragraphs (1) and (2) were omitted;

(iii)in sub-paragraph (4) the reference to “£100,000” were to “£200,000”;

(g)in paragraph 14(9) (excessive housing costs) “paragraph 9” were substituted for “paragraphs 8 and 9”;

(h)in paragraph 15 (linking rules)—

(i)in sub-paragraph (2) the reference to “paragraph 8(1)(a)(i) or” were omitted;

(ii)in sub-paragraph (6)(a) the reference to “8(1) or” were omitted;

(iii)for sub-paragraph (14) there were substituted—

(14) Where sub-paragraph (13) applies, in determining for the purposes of paragraph 9(1) whether a person has been entitled to an income-related allowance for a continuous period of 13 weeks or more, any week falling between the date of the termination of the previous award and the date of the new claim is to be ignored.;

(iv)in sub-paragraph (18) the reference to “8(1)(a) or (b) or” were omitted;

(i)in paragraph 20 (continuity with income support, an income-based jobseeker’s allowance or state pension credit) sub-paragraph (1)(a) were omitted.

(1)

Paragraph 1A(1A) was inserted by regulation 2(3)(a)(iii) of S.R. 2007 No. 475

(2)

Paragraph 1A(1ZA) was inserted by regulation 4(a)(iii) of S.R. 2007 No. 475

(3)

Paragraph 1A(1B) was inserted by regulation 4(a)(iv) of S.R. 2007 No. 475

(4)

Paragraph 3(2) was amended by regulation 3(30)(b) of S.R. 2008 No. 413

(5)

The definition of “joint-claim couple” was inserted by paragraph 3(4)(b) of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

(6)

The definition of “existing housing costs” was amended by regulation 2(3)(a)(i) of S.R. 1995 No. 434 and by regulation 2(a)(i) of S.R. 2004 No. 461

(7)

Paragraph 9 was amended by regulation 24(6)(c) of S.R. 2003 No. 191

(8)

Paragraph 10 was substituted by regulation 2(1) of S.R. 2001 No. 406 and amended by regulation 2(b) of S.R. 2004 No. 461

(9)

Paragraph 11 was amended by regulation 2(3)(g) of S.R. 1995 No. 434

(10)

Sub-paragraph (2) was amended by Article 7(11)(b)(iii) of S.R. 1999 No. 472 and regulation 3(3) of S.R. 2001 No. 29

(11)

Sub-paragraph (3AA) was inserted by regulation 2(1)(b) of S.R. 1999 No. 315 and amended by regulation 5(6)(b) of S.R. 2006 No. 359

(12)

Sub-paragraph (9) was amended by regulation 2(3)(i)(vi) of S.R. 1995 No. 434

(13)

Sub-paragraph (13) was inserted by regulation 6(c) of S.R. 2001 No. 78 and amended by regulation 5 of S.R. 2002 No. 128

(14)

The definition of “existing housing costs” was amended by regulation 3(a)(i) of S.R. 2004 No. 461

(15)

Paragraph 4 was amended by paragraph 54(4) of Schedule 2 to, S.R. 2000 No. 350 and paragraph 9(b) of Schedule 3 to, S.R. 2005 No. 458

(16)

Paragraph 8 was amended by paragraph 54(7) of Schedule 2 to S.R. 2000 No. 350

(17)

Paragraph 9 was substituted by regulation 2(2) of S.R. 2001 No. 406 and amended by regulation 3(b) of S.R. 2004 No. 461

(18)

Sub-paragraph (2) was amended by Article 9(8)(e) of S.R. 1999 No. 428 (C. 32), and regulation 4(3) of S.R. 2001 No. 29

(19)

Sub-paragraph (4A) was inserted by regulation 2(2)(b) of S.R. 1999 No. 315 and amended by regulation 13(12)(b) of S.R. 2006 No. 359

(20)

Sub-paragraph (15) was amended by regulation 5 of S.R. 2002 No. 128

(21)

Paragraph 18 was amended by regulation 29(7) of S.R. 1996 No. 358 and regulation 19(25)(g) of S.R. 2008 No. 286

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