EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations consolidate existing provisions relating to housing benefit for claimants who have attained the qualifying age for state pension credit. In the case of a woman that age is pensionable age and in the case of a man it is the age which is pensionable age in the case of a woman born on the same day as the man (section 1(6) of the State Pension Credit Act (Northern Ireland) 2002). These Regulations do not however apply if either the claimant or the claimant’s partner is in receipt of income support or an income-based jobseeker’s allowance, notwithstanding that the claimant has attained the qualifying age for state pension credit. Provisions relating to those claimants and others who have not attained the qualifying age for state pension credit are contained in the Housing Benefit Regulations (Northern Ireland) 2006.
Part I of the Regulations contains general provisions. These Regulations are to be read, where appropriate, with the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (“the Consequential Provisions Regulations”).
Part II makes provision in relation to the circumstances in which a person is or is not to be treated as occupying a dwelling as his home and is or is not to be treated as liable to make payments for a dwelling.
Part III specifies those payments by way of rent or rates which are to be eligible for the payment of housing benefit and for decisions by the Northern Ireland Housing Executive in rent allowance cases.
Part IV specifies the circumstances in which a person is or is not to be treated as responsible for another person and who is to be treated as a member of the same household as a claimant for housing benefit.
Part V and Schedule 4 provide for the calculation of the applicable amount in respect of a person’s entitlement to housing benefit, by reference to which the amount of his benefit is calculated.
Part VI contains provisions enabling the income and capital of a person to whom these Regulations apply to be determined. They provide in particular—
that a person entitled to a guarantee credit in state pension credit is to be treated as having neither income nor capital;
that a person whose entitlement to state pension credit is restricted to the savings credit will have his income calculated by reference to the assessment made by the Department for the purpose of determining the award of state pension credit. This figure is subject to certain adjustments the determining authority is required to make under regulation 25;
that persons to whom the Regulations apply but who have no entitlement to state pension credit are to have their income and capital determined in accordance with regulations 27 to 47.
Part VII provides for the maximum amount of housing benefit payable and for the housing benefit taper, extended payments and non-dependant deductions.
Part VIII contains provisions as to when housing benefit is to begin, together with provisions relating to change of circumstances and the date those changes take effect.
Part IX provides for the making, amendment and withdrawal of claims, the evidence and information required in connection with claims and the duty to notify changes of circumstances.
Part X provides for the determination of questions arising on claims and the notification of decisions by authorities.
Part XI provides for the payment of housing benefit, including to whom payments are to be made and the withholding of benefit.
Part XII provides for the recovery of overpaid housing benefit, what constitutes a recoverable overpayment and the method of recovery.
Part XIII provides that the Northern Ireland Housing Executive may require certain landlords and their agents to supply relevant information.
These Regulations are to be read, where appropriate, with the Consequential Provisions Regulations, which revoke the Regulations consolidated by these Regulations. The Regulations are made for the purpose only of consolidating other regulations revoked by them and accordingly, by virtue of section 149(3) of, and paragraph 9 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.