The Housing Benefit (General) (Amendment No. 3) Regulations (Northern Ireland) 1999

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Housing Benefit (General) Regulations (Northern Ireland) 1987 (“the Housing Benefit Regulations”).

Regulation 2 inserts a definition of “supported accommodation” into regulation 2(1) of the Housing Benefit Regulations.

Regulation 3 makes a minor consequential amendment to regulation 8 of the Housing Benefit Regulations.

Regulation 4 makes a minor consequential amendment to regulation 10 of the Housing Benefit Regulations.

Regulation 5 inserts new paragraphs into regulation 11 of the Housing Benefit Regulations, so as to adjust the maximum rent of a claimant in supported accommodation (as defined).

Regulation 6 amends regulation 68 of the Housing Benefit Regulations which is concerned with changes of circumstances, so as to make provision for the date on which receipt of a community care assessment by a person in supported accommodation is to take effect.

Regulation 7 amends Schedule 1 to the Housing Benefit Regulations. In particular, it amends provisions in paragraph 1 of that Schedule concerning service charges in respect of the cleaning of rooms and windows, emergency alarm systems, and general counselling and support. The definition of “supported accommodation” in paragraph 7 of Schedule 1 is amended with new provision made for claimants in respect of whom the Health and Social Services Board or HSS trust has made a community care assessment.

Regulation 8 inserts a new Schedule 1C, which specifies certain service charges which are eligible for housing benefit where the claimant is in supported accommodation (as defined).

Regulation 9 makes consequential amendments to the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996, in particular amending the definition of “exempt accommodation” so that it follows where appropriate that of “supported accommodation”.

Regulation 10 amends the savings provision provided in the Housing Benefit (General) (Amendment No. 4) Regulations (Northern Ireland) 1997. The Northern Ireland Housing Executive (“the Executive”) is required to deduct certain specified charges from the relevant rent in its calculation of the maximum rent. In addition, the Executive must restrict certain increases in rent (excluding any increases in support charges which fall under Schedule 1C) which it considers unreasonable to be met by housing benefit.

Regulation 11 amends the Housing Benefit (General) (Amendment No. 5) Regulations (Northern Ireland) 1997 (“the 1997 Regulations”) which themselves amend the Housing Benefit Regulations. The 1997 Regulations amend the Housing Benefit Regulations so as to make service charges for general counselling and support eligible for housing benefit where the claimant occupies supported accommodation (as defined). Regulation 2(2) of the 1997 Regulations provides that those Regulations shall cease to have effect on 31st October 1999. (This date was substituted for the earlier date of 31st October 1998 by the Housing Benefit (General) (Amendment No. 3) Regulations (Northern Ireland) 1998). These Regulations amend regulation 2(2) of the 1997 Regulations so as to further extend the period during which they have effect until 31st March or 2nd April 2000.

Regulation 12 provides for these Regulations to cease to have effect on either 31st March 2003 or 6th April 2003.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.