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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2008 and shall come into operation on 5th January 2009.

(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 Housing Benefit (Executive Determinations) Regulations

2.  In the Schedule to the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008(2) (broad rental market area determinations and local housing allowance determinations)—

(a)in paragraph 2 (local housing allowance for category of dwelling in paragraph 1) omit sub-paragraph (8); and

(b)for paragraph 4 (broad rental market area) substitute—

4.  In this Schedule “broad rental market area” means an area within which a person could reasonably be expected to live having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, taking account of the distance of travel, by public and private transport, to and from those facilities and services.

5.  A broad rental market area must contain—

(a)residential premises of a variety of types, including such premises held on a variety of tenures; and

(b)sufficient privately rented residential premises to ensure that, in the Executive’s opinion, the local housing allowance for the categories of dwelling in the area for which the Executive is required to determine a local housing allowance is representative of the rents that a landlord might reasonably be expected to obtain in that area..

Sealed with the Official Seal of the Department for Social Development on 22nd December 2008

(L.S.)

John O’Neill

A senior officer of the Department for Social Development