The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for rate relief 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 Rate Relief (General) Regulations (Northern Ireland) 2007.

These Regulations, in the main, modify the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 405) (“the Housing Benefit (State Pension Credit) Regulations”) for the purposes only of rate relief.

Part 1 of the Regulations contains general provisions, modification of regulations 3 to 6 of the Housing Benefit (State Pension Credit) Regulations and arrangements for rate relief.

Part 2 makes provision as to entitlement to and exclusion from rate relief. It contains modifications which makes provision in relation to the circumstances in which a person is or is not to be treated as occupying a hereditament as his home and is or is not to be treated as liable to make payments for a hereditament. It also contains modifications of Part II of the Housing Benefit (State Pension Credit) Regulations, the Immigration and Asylum Act 1999 (1999 c. 33) and the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 (S.R. 2000 No. 71).

Part 3 modifies Part III of the Housing Benefit (State Pension Credit) Regulations to specify those payments by way of rates which are to be eligible for the payment of rate relief.

Part 4 modifies sections 133(1) and 138 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (1992 c. 7) (“the Act”) and Part IV of the Housing Benefit (State Pension Credit) Regulations to specify 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 rate relief.

Part 5 modifies Part V of and Schedule 4 to the Housing Benefit (State Pension Credit) Regulations to provide for the calculation of the applicable amount in respect of a person’s entitlement to rate relief, by reference to which the amount of his relief is calculated.

Part 6 modifies section 132(1) of the Act and Part VI of and Schedules 5, 6 and 7 to the Housing Benefit (State Pension Credit) Regulations and 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 Social Development 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 19;

• 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 regulation 19.

Part 7 modifies Part VII of and Schedules 8 and 9 to the Housing Benefit (State Pension Credit) Regulations to provide for the maximum amount of rate relief payable, extended payments and non-dependant deductions.

Part 8 modifies Part VIII of the Housing Benefit (State Pension Credit) Regulations. It provides, by the use of a formula, for the calculation of the weekly amount of rate relief and contains provisions as to when rate relief is to begin, together with provisions relating to change of circumstances and the date those changes take effect.

Part 9 modifies Part IX of the Housing Benefit (State Pension Credit) Regulations to provide 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. It also provides for the treatment of claims made prior to 1 April 2007 and for payment of rate relief to be dependent on a claim being made.

Part 10 modifies Part X of the Housing Benefit (State Pension Credit) Regulations to provide for the determination of questions arising on claims and the notification of decisions by authorities.

Part 11 modifies Part XI of the Housing Benefit (State Pension Credit) Regulations to provide for the payment of rate relief, including to whom payments are to be made and the withholding of rate relief.

Part 12 modifies section 73(1), (2), (3)(a) and (b) and (7) of the Social Security Administration (Northern Ireland) Act 1992 (1992 c. 8) and Part XII of the Housing Benefit (State Pension Credit) Regulations to provide for the recovery of overpaid rate relief, what constitutes a recoverable overpayment and the method of recovery. It also provides for sums recovered to be paid into the Consolidated Fund of Northern Ireland.

Part 13 provides for the supply, sharing and unauthorised disclosure of information which relates to any matter relating to rate relief for fraud prevention and verification.

Part 14 provides the appeals procedures for rate relief. It modifies Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (2000 c. 4 (N.I.)), Chapters II to V of Part V of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 162) the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 225) and the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 213) for the purposes of these Regulations.

Part 15 contains provisions relating to enforcement purposes in relation to matters connected with rate relief, including authorisations, the provision of information, delay or obstruction of inspectors, false representations, breach of regulations, penalties as alternatives to prosecution, notices and legal proceedings.

Part 16 contains provisions relating to finance, persons to report on administration and their powers of investigation, reports about the Northern Ireland Housing Executive (“the Executive”), directions by the Department of Finance and Personnel (“the Department”), information about, notice on and the making of a determination on the attainment of standards attained by the Executive and the role of auditors of the Northern Ireland Audit Office in relation to rate relief.

Part 17 contains provisions relating to payment of travelling expenses by the Department.