Welfare Reform Act (Northern Ireland) 2007

Local housing allowance

30.—(1) In section 129 of the Contributions and Benefits Act (housing benefit) subsection (4) ceases to have effect.

(2) After that section insert—

“129A.    Appropriate maximum housing benefit

(1) For the purposes of section 129 above, the appropriate maximum housing benefit (in this section referred to as “the AMHB”) is determined in accordance with this section.

(2) Regulations must prescribe the manner in which the AMHB is to be determined.

(3) The regulations may provide for the AMHB to be ascertained in the prescribed manner by reference to Executive determinations.

(4) The regulations may make provision as to the circumstances in which, for the purpose of determining the AMHB, the amount of the liability mentioned in section 129(1)(a) above must be taken to be the amount of an Executive determination instead of the actual amount of that liability.

(5) Regulations under subsection (4) above may also make provision for the liability of a person who, by virtue of regulations under section 133(2)(j) below, is treated as having a liability mentioned in section 129(1)(a) above to be the amount of an Executive determination.

(6) An Executive determination is a determination made by the Executive in the exercise of functions under this section or regulations under this section.”.

(3) In Schedule 7 to the 2000 Act (housing benefit: revisions and appeals), in paragraph 4—

(a) in sub-paragraph (1) for “sub-paragraph (4)” substitute “sub-paragraphs (3) and (3A)”;

(b) after sub-paragraph (3) insert—

“(3A) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision relating to housing benefit must be made by the appropriate relevant authority.”.