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The Rate Relief Regulations (Northern Ireland) 2017

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This is the original version (as it was originally made).

Time within which a claim for rate relief is to be made

This section has no associated Explanatory Memorandum

5.—(1) Subject to the provisions of these regulations, where a claim for rate relief is received or treated as received within three months of the date the first payment of universal credit is issued, following the initial decision to award universal credit, the date of claim will be the first day of entitlement to such universal credit claim.

(2) Where a claimant is entitled to universal credit but was precluded from rate relief by virtue of regulation 10(1)(c) and housing benefit subsequently ceases—

(a)the day following this cessation will be treated as the first day of entitlement of universal credit; and

(b)the first payment of universal credit issued following cessation shall be treated as the first payment of universal credit.

(3) For the purposes of paragraph (1) where a claim is not received within the times specified in paragraph (1) or (2) but is received within one month of the date of issue of the next rate bill following the death of a former partner who was, at the date of his death entitled to rate relief in respect of the same dwelling, the date of claim or claims will be the first day of entitlement to any universal credit claim made on or after that date of death until the claim for rate relief is determined.

(4) Where a claim for rate relief is not received, or treated as received within a time specified in paragraphs (1) to (3), the date of claim will be—

(a)3 months before the date it was received or treated as received if there is entitlement to universal credit on that date.

(b)where there is no entitlement to universal credit on the date specified in sub-paragraph (a), the first day of entitlement of any universal credit claim made between that date and the date the claim for rate relief is determined.

(5) Where a claimant is unable to make a claim by means of an electronic communication in accordance with the Schedule due to a failure of the official computer system, on the last day of the time specified within paragraphs (1) to (3), the claim will be treated as made on that day provided it is made within 48 hours of the system becoming available again.

(6) A claim for rate relief made by means of an electronic communication in accordance with the provisions set out in the Schedule is defective if it is not completed in accordance with the instructions of the relevant authority.

(7) A claim made in accordance with regulation 3(3) shall be properly completed if the relevant authority is provided with all the information requested and the claim is defective if all the information is not so provided.

(8) If a claim for rate relief is defective the relevant authority must inform the claimant of the defect.

(9) The relevant authority shall treat the claim as properly made in the first instance if–

(a)in the case of a claim for rate relief made in accordance with regulation 3(3), the person corrects the defect; or

(b)in the case of a claim for rate relief made by means of an electronic communication, the claim is completed in accordance with any instructions of the relevant authority,

within one month from the date on which the claimant is first informed of the defect.

(10) A claim for rate relief that is not properly made is not a claim for the purposes of these regulations.

(11) In the case of a claim for rate relief where the defect is not rectified in accordance with paragraph (9), the claim for rate relief will be treated as received on the date that the defect is rectified.

(12) Where a claimant makes a claim for rate relief and there are any periods where there is no entitlement to universal credit before the claim for rate relief has been determined, that claim for rate relief shall be treated as a multiple claim for each new universal credit award up to the date of determination of that rate relief claim and the date of claim for each of those claims will be the date of first entitlement of each of the universal credit awards within that period.

(13) For a date of claim to apply in accordance with this regulation, the claimant must otherwise be entitled to rate relief.

(14) Where this regulation does not apply because the claimant is not otherwise entitled to rate relief the date of claim will be the first date that the claimant becomes otherwise entitled.

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