The Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2015

Statutory Rules of Northern Ireland

2015 No. 2

Housing

The Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2015

Made

13th January 2015

Coming into operation

20th January 2015

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(d), 129(A)(2) and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and now vested in it(2).

Proposals in respect of these Regulations were not referred to the Social Security Advisory Committee since it appeared to the Department for Social Development that by reason of the urgency of the matter it was expedient not to do so(3).

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2015 and shall come into operation on 20th January 2015.

(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these regulations as it applies to an Act of the Assembly.

Amendment to the Housing Benefit (Executive Determinations) Regulations

2.—(1) The Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008(5) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 3(6) (broad rental market area determinations and local housing allowance determinations) for paragraph (2A) substitute—

“(2A) The date specified for the purpose of paragraph (2) is the last working day of January.”.

(3) In the Schedule (broad rental market area determinations and local housing allowance determinations)—

(a) in paragraph 2(7) (local housing allowance for category of dwelling in paragraph 1) for the table in sub-paragraph (9) substitute—

“(1) Paragraph of this Schedule defining the category of dwelling	(2) Maximum local housing allowance for that category of dwelling
Paragraph 1(1)(a) (one bedroom, shared accommodation)	£260.64
Paragraph 1(1)(b) (one bedroom, exclusive use)	£260.64
Paragraph 1(1)(c) (two bedrooms)	£302.33
Paragraph 1(1)(d) (three bedrooms)	£354.46
Paragraph 1(1)(e) (four bedrooms)	£417.02”.

(b) for the table in paragraph 6(8) substitute—

“(1) Broad rental market area	(2) Paragraph of this Schedule defining the category of dwelling
BRMA2 – North	Paragraph 1(1)(a) (one bedroom, shared accommodation) Paragraph 1(1)(b) (one bedroom, exclusive use) Paragraph 1(1)(c) (two bedrooms) Paragraph 1(1)(e) (four bedrooms)
BRMA3 – Lough Neagh Lower BRMA4 – North West	Paragraph 1(1)(a) (one bedroom, shared accommodation) Paragraph 1(1)(b) (one bedroom, exclusive use) Paragraph 1(1)(e) (four bedrooms) Paragraph 1(1)(a) (one bedroom, shared accommodation)
BRMA6 – South East	Paragraph 1(1)(d) (three bedrooms) Paragraph 1(1)(a) (one bedroom, shared accommodation)
	Paragraph 1(1)(b) (one bedroom, exclusive use)
BRMA7 – Lough Neagh Upper	Paragraph 1(1)(e) (four bedrooms) Paragraph 1(1)(a) (one bedroom, shared accommodation)
BRMA8 – Belfast	Paragraph 1(1)(e) (four bedrooms)”

Sealed with the Official Seal of the Department for Social Development on 13^th January 2015

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008 to provide for how and when the local housing allowance (“LHA”) rate is determined.

The amendments provide that the Northern Ireland Housing Executive must carry out the LHA determinations on the last working day of January. They also provide the new local housing allowance cap rates and the new targeted affordability funding rates.

(1)

1992 c. 7; section 129A was inserted by section 30(2) of the Welfare Reform Act (Northern Ireland) 2007 and section

171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

(2)

See Article 8(b) of S.R. 1999 No. 481

(3)

See sections 149(2) and 150(1)(a) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

(4)

1954 c. 33 (N.I.)

(5)

S.R. 2008 No. 100; relevant amending Regulations are S.R. 2013 No.209 and S.R. 2013 No. 303

(6)

paragraph (2A) was inserted by regulation 2(3)(b) of S.R. 2013 No.209

(7)

paragraph 2 was substituted by regulation 2(2)(a) of S.R. 2013 No. 303

(8)

paragraph 6 was inserted by regulation 2(2)(b) of S.R. 2013 No.303