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The Social Security (Housing Costs Amendments) Regulations (Northern Ireland) 2016

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Housing Costs Amendments) Regulations (Northern Ireland) 2016 and shall come into operation on 1st April 2016.

(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 paragraph (2), subject to regulation 6 (saving provision).

(2) In Schedule 3(3) (housing costs)—

(a)in paragraph 1(2)(4) (housing costs) omit the definition of “existing housing costs” and “new housing costs”;

(b)omit paragraph 6(5) (existing housing costs);

(c)omit paragraph 7(6) (transitional protection);

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

(i)for the heading substitute “Housing costs”,

(ii)in sub-paragraphs (1)(7) and (1A)(8) omit “new”, and

(iii)omit sub-paragraphs (2)(9) to (5);

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

(i)in the heading for “paragraphs 6 and 8” substitute “paragraph 8”, and

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

(f)in paragraph 10(10) (the calculation for loans) for “existing housing costs or, as the case may be, new housing costs” substitute “housing costs”;

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

(i)in the heading omit “new and existing”, and

(ii)omit sub-paragraphs (2) and (3)(11);

(h)in paragraph 13(9) (excessive housing costs) for “paragraphs 6 and 8” substitute “paragraph 8”; and

(i)in paragraph 14 (linking rule)—

(i)in sub-paragraph (3AA)(a)(12) for “paragraph 6(1) or 8(1) (existing and new housing costs)” substitute “paragraph 8(1) (housing costs)”,

(ii)omit sub-paragraph (9)(a)(13), and

(iii)in sub-paragraph (13)(14) omit “6(1)(a), 6(1)(b) or”.

Amendment of the Jobseeker’s Allowance Regulations

3.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(15) are amended in accordance with paragraph (2), subject to regulation 6 (savings provision).

(2) In Schedule 2(16) (housing costs)—

(a)in paragraph 1(2)(17) (housing costs) omit the definition of “existing housing costs” and “new housing costs”;

(b)omit paragraph 6(18) (existing housing costs);

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

(i)for the heading substitute “Housing costs”,

(ii)in sub-paragraphs (1) and (2)(19) omit “new”, and

(iii)omit sub-paragraphs (3) to (7)(20);

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

(i)in the heading for “paragraphs 6 and 7” substitute “paragraph 7”, and

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

(e)in paragraph 9(21) (the calculation for loans) for “existing housing costs or, as the case may be, new housing costs” substitute “housing costs”;

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

(i)in the heading omit “new and existing”, and

(ii)omit sub-paragraphs (1) and (2);

(g)in paragraph 12(9) (excessive housing costs) for “paragraphs 6 and 7 (existing and new housing costs)” substitute “paragraph 7 (housing costs)”;

(h)in paragraph 13 (linking rule)—

(i)in sub-paragraph (4A)(a)(22) for “paragraph 6(1) or 7(1) (existing and new housing costs)” substitute “paragraph 7(1) (housing costs)”,

(ii)omit sub-paragraph (11)(a), and

(iii)in sub-paragraph (15)(23) omit “6(1)(a), 6(1)(b) or”; and

(i)in paragraph 18(24) (continuity with Income Support or income-related employment and support allowance) omit sub-paragraph (1)(a).

Amendment of the Employment and Support Allowance Regulations

4.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(25) are amended in accordance with paragraph (2), subject to regulation 6 (saving provision).

(2) In Schedule 6(26) (housing costs)—

(a)in paragraph 1(2) (housing costs) omit the definition of “existing housing costs” and “new housing costs”;

(b)omit paragraph 8 (existing housing costs);

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

(i)for the heading substitute “Housing costs”,

(ii)in sub-paragraphs (1) and (2) omit “new”, and

(iii)omit sub-paragraphs (4) to (7);

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

(i)in the heading for “paragraphs 8 and 9” substitute “paragraph 9”, and

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

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

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

(i)in the heading omit “new and existing”, and

(ii)omit sub-paragraphs (1) and (2);

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

(h)in paragraph 15 (linking rules)—

(i)in sub-paragraph (6)(a) omit “8(1) or”,

(ii)omit sub-paragraph (14)(a), and

(iii)in sub-paragraph (18) omit “8(1)(a) or (b) or”;

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

Revocation

5.—(1) The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations (Northern Ireland) 2008(27) are revoked, subject to sub-paragraph (2) and regulation 6 (saving provision).

(2) The following provisions (which are relevant to the capital limit for eligible loans and the limitation applicable to eligible loans in the case of a jobseeker’s allowance) are not revoked—

(a)regulation 1 (citation, commencement and interpretation);

(b)regulation 3 (application);

(c)regulation 4(c) (modification of the Income Support Regulations);

(d)regulations 5(a) and (d) (modification of the Jobseeker’s Allowance Regulations);

(e)regulation 6(c) (modification of the Employment and Support Allowance Regulations);

(f)regulation 8 (application and interpretation);

(g)regulation 9(f)(iii) (modification of the Income Support Regulations);

(h)regulations 10(b) and (g)(iii) (modification of the Jobseeker’s Allowance Regulations);

(i)regulation 11(f)(iii) (modification of the Employment and Support Allowance Regulations); and

(j)regulation 12 (modifications relating to certain persons who claim State Pension Credit).

(3) The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).

Saving provision

6.—(1) This regulation applies to a person (“P”) where, for the purpose of determining whether P’s entitlement to a relevant benefit includes an amount for housing costs, the Department determines that P is entitled or required to be treated as entitled to one or more relevant benefits for a continuous period which includes 31st March 2016.

(2) Where this regulation applies to P, the provisions of—

(a)Schedule 3 to the Income Support (General) Regulations (Northern Ireland) 1987;

(b)Schedule 2 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996; and

(c)Schedule 6 to the Employment and Support Allowance Regulations (Northern Ireland) 2008,

as modified by the Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations (Northern Ireland) 2008 are to have effect in relation to P as if the amendments made by regulations 2 to 4 of these Regulations and the revocation made by regulation 5(1) had not been made.

(3) In this regulation, “relevant benefit” means—

(a)income support under the Income Support (General) Regulations (Northern Ireland) 1987;

(b)a jobseeker’s allowance under the Jobseeker’s Allowance Regulations (Northern Ireland) 1996; and

(c)an employment and support allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007.

Sealed with the Official Seal of the Department for Social Development on 12th February 2016

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

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