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Welfare Reform Act (Northern Ireland) 2007

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This is the original version (as it was originally enacted).

Housing benefit for persons taking up employment

Explanatory NotesShow EN

32.—(1) Subsection (2) applies if a person is entitled to housing benefit (by virtue of the general conditions of entitlement) and—

(a)he is also entitled to a prescribed benefit or his partner is entitled to such a benefit,

(b)he or his partner ceases to be entitled to the prescribed benefit in prescribed circumstances, and

(c)the prescribed conditions are satisfied.

(2) That person is entitled to housing benefit in accordance with this section for a prescribed period.

(3) Subsection (2) applies whether or not the person would be entitled to housing benefit by virtue of the general conditions of entitlement for the whole or any part of the prescribed period.

(4) A person who is entitled to housing benefit by virtue of subsection (2) must be treated for all purposes—

(a)as having made a claim for that benefit, and

(b)as having complied with any requirement under or by virtue of any statutory provision in connection with the making of such a claim.

(5) The amount of housing benefit payable in respect of a person who is entitled to the benefit by virtue of subsection (2) is to be determined in accordance with regulations made for the purposes of this section.

(6) If an amount of housing benefit is, by virtue of subsection (2), payable in respect of a person for any period, no other amount of housing benefit is (by virtue of the general conditions of entitlement) payable in respect of that person for the same period.

(7) Regulations may make provision in connection with the effect of a person’s entitlement to housing benefit by virtue of subsection (2) on an award of such benefit by virtue of the general conditions of entitlement in respect of that person or his partner.

(8) Regulations may make provision as to circumstances in which subsection (6) does not apply.

(9) For the purposes of subsection (1) a person must be treated as entitled to housing benefit by virtue of the general conditions of entitlement if—

(a)he is not so entitled to that benefit at the time he or his partner ceases to be entitled to the prescribed benefit as mentioned in subsection (1)(b), and

(b)his entitlement to housing benefit ceased during the prescribed period before that time.

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