The Housing Benefit (General) (Amendment) Regulations (Northern Ireland) 2000

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Housing Benefit (Information from Landlords and Agents) Regulations (Northern Ireland) 1997 and further amend the Housing Benefit (General) Regulations (Northern Ireland) 1987 (“the Housing Benefit Regulations”).

Regulation 2 amends the Housing Benefit (Information from Landlords and Agents) Regulations (Northern Ireland) 1997 and provides that a request for an extension of time in which to supply information must be made within 4 weeks from the date on which the notice requesting the information was sent or given.

Regulation 3 amends regulation 2B of the Housing Benefit Regulations. This disapplies section 1(1A) of the Social Security Administration (Northern Ireland) Act 1992 so that children and young persons are not required to supply a national insurance number in connection with a claim.

Regulation 4 further amends regulation 11 (maximum rent) of the Housing Benefit Regulations. There is a new definition of “claim-related rent” which replaces the existing definitions of “property specific rent” and “relevant rent”.

Regulation 5 amends regulation 66 (benefit period) of the Housing Benefit Regulations, and provides for the Executive to extend the current benefit period by not more than 60 benefit weeks where it makes a determination following notification by the claimant of a prescribed change of circumstances.

Regulation 6 amends Schedule 1A (determinations) of the Housing Benefit Regulations which requires the Northern Ireland Housing Executive to determine a claim-related rent and where the dwelling is not in a hostel to determine the total amount of ineligible charges to be excluded from that rent. The Executive must also exclude eligible service charges (except certain meal charges) and certain other service charges for claimant in supported accommodation.

Regulation 7 amends the definition of an “excluded tenancy” in Schedule 1B (excluded tenancies) to the principal Regulations.

Regulation 8 makes transitional provision in respect of a rent allowance so that a claim or a notification of a change of circumstances made before 3rd April 2000, or a request for a review made on or after 3rd April 2000 where the original determination was made before that date, is determined for the purposes of the maximum rent under the provisions operating before 3rd April 2000.

Regulations 9 and 10 make minor technical amendments to the wording contained in regulation 10 of the Housing Benefit Regulations and in regulation 4 of the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1999.

In so far as these Regulations are required, for the purposes of regulations 3, 9 and 10 to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they 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 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.