The Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations (Northern Ireland) 2006

Amendment of the Housing Benefit (Decisions and Appeals) Regulations

10.—(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(1) shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 4 (revision of decisions), after paragraph (6C)(2) there shall be inserted the following paragraph—

“(6D) Where—

(a) a person elects for an increase of—

(i) a Category A or Category B retirement pension in accordance with paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred),

(ii) a shared additional pension in accordance with paragraph 1 of Schedule 5A to that Act (pension increase or lump sum where entitlement to shared additional pension is deferred), or

(iii) graduated retirement benefit in accordance with paragraph 12 or 17 of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005 (further provisions replacing section 35(4) of the 1966 Act: increases of graduated retirement benefit and lump sums);

(b) the relevant authority decides that the person or his partner is entitled to housing benefit and takes into account the increase of pension or benefit in making or superseding that decision; and

(c) the person’s election for an increase is changed so that he is entitled to a lump sum,

the relevant authority may revise the housing benefit decision.”.

(3) In regulation 7(2) (decisions superseding earlier decisions), after sub-paragraph (h)(3) there shall be added the following sub-paragraph—

“(i) where—

(i) the claimant or his partner makes, or is treated as having made, an election for a lump sum in accordance with—

(aa) paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act,

(bb) paragraph 1 of Schedule 5A to that Act, or

(cc) paragraph 12 or 17 of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005, or

(ii) such a lump sum is repaid in consequence of an application to change an election for a lump sum in accordance with regulation 5 of the Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations (Northern Ireland) 2006 or paragraph 20F of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005.”.

(4) In regulation 8 (date from which decision superseding an earlier decision takes effect), after paragraph (10)(4) there shall be inserted the following paragraph—

“(10A) Where a decision is superseded in accordance with regulation 7(2)(i), the superseding decision shall take effect from the day on which a lump sum, or a payment on account of a lump sum, is paid or repaid if that day is the first day of the benefit week but, if it is not, from the next following such day.”.

(1)

S.R. 2001 No. 213; relevant amending Regulations are S.R. 2003 Nos. 224 and 418

(2)

Paragraph (6C) was inserted by regulation 4(3) of S.R. 2003 No. 418

(3)

Sub-paragraph (h) was added by regulation 4(4) of S.R. 2003 No. 418

(4)

Paragraph (10) was inserted by regulation 4(3) of S.R. 2003 No. 224