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

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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”(1) and “new housing costs” were omitted;

(b)after paragraph 4(2) (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(3) (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(4) (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)(5) the reference to “paragraph 6(1)(a)(i) or” were omitted;

(ii)in sub-paragraph (4A)(a)(6) 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)(7) the reference to “6(1)(a), 6(1)(b) or” were omitted;

(j)in paragraph 18(8) (continuity with income support) sub-paragraph (1)(a) were omitted.

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

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