The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010

Amendment of the Housing Benefit (Decisions and Appeals) Regulations

2.—(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(1) are amended in accordance with paragraphs (2) and (4).

(2) In regulation 1(2) (interpretation) after the definition of “Decisions and Appeals Regulations 1999” insert—

““the Employment and Support Allowance (Existing Awards) Regulations” means the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010;”.

(3) In regulation 7(2) (decisions superseding earlier decisions)—

(a) in sub-paragraph (h)(2) after “sub-paragraph (j)” insert “, (k) or (l)”;

(b) after sub-paragraph (j)(3) add—

“(k) where—

(i) the claimant has been awarded entitlement to housing benefit,

(ii) the claimant or the claimant’s partner has had an award of benefit converted to an employment and support allowance in accordance with regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations, and

(iii) subsequent to the first day of the period to which that entitlement to housing benefit relates, the Department makes a decision to supersede the award of employment and support allowance to award a different component;

(l) where the claimant has been awarded entitlement to housing benefit and subsequent to the first day of the period to which that entitlement relates—

(i) a conversion decision of the kind set out in regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations takes effect in respect of the claimant or the claimant’s partner, or

(ii) the claimant is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 as modified by the Employment and Support Allowance (Existing Awards) Regulations.”.

(4) In regulation 8 (date from which a decision superseding an earlier decision takes effect)—

(a) in paragraph (13)(4)—

(i) after “regulation 7(2)(j)” insert “or (k)”, and

(ii) in sub-paragraph (a) after “regulation 7(2)(j)(iii)” insert “or (k)(iii)”; and

(b) after paragraph (13) add—

“(14) Where a decision is superseded in accordance with regulation 7(2)(l) the decision shall take effect—

(a) where the decision made in accordance with the Employment and Support Allowance (Existing Awards) Regulations takes effect on or after 1st April in any year but before 16th April of that year—

(i) from 1st April for a housing benefit award in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 78(2)(b) or (c) of the Housing Benefit Regulations or, as the case may be, regulation 59(2)(b) or (c) of the Housing Benefit (State Pension Credit) Regulations;

(ii) from the first Monday in April for a housing benefit award to which head (i) does not apply;

(b) in any other case, from the day the decision made in accordance with the Employment and Support Allowance (Existing Awards) Regulations takes effect.”.

(1)

S.R. 2001 No. 213; relevant amending Regulations are S.R. 2003 No. 418 and S.R. 2008 No.378

(2)

Sub-paragraph (h) was added by regulation 4(4) of S.R. 2003 No. 418 and amended by regulation 2(3)(a) of S.R. 2008 No. 378

(3)

Sub-paragraph (j) was added by regulation 2(3)(b) of S.R. 2008 No. 378

(4)

Paragraph (13) was added by regulation 2(4) of S.R. 2008 No. 378