The Housing Benefit (Amendment No. 2) Regulations (Northern Ireland) 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit Regulations (Northern Ireland) 2006 (“the Housing Benefit Regulations”), Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (“the Housing Benefit (State Pension Credit) Regulations”) and the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006.

The Regulations introduce a new method of calculating the eligible rent when determining the appropriate maximum housing benefit of a working age claimant in the social rented sector whose housing benefit is determined under the Housing Benefit Regulations, by making an appropriate deduction from housing benefit where a claimant occupies a dwelling that has more bedrooms than they require.

Regulation 3 makes provision for additional bedrooms for claimants in both private and social sector housing who are parents of members of the armed forces who are away on operations, are a qualifying parent or carer or who have a child who cannot share a bedroom.

Regulation 4 makes similar provision for claimants who have attained the qualifying age for state pension credit by amending the Housing Benefit (State Pension Credit) Regulations.

Regulation 5 inserts new regulations 13AA, A14 and B14 into the Housing Benefit Regulations and makes consequential amendments.

Regulation 13AA provides that where a maximum rent (social sector) is to be calculated in accordance with regulation B14 by virtue of regulation A14, the eligible rent will be the maximum rent (social sector). This reduction in the eligible rent (the maximum rent (social sector)) reflects the appropriate sized accommodation for the claimant and their household.

It also provides for a protected eligible rent based upon the actual rent for up to 13 weeks where the claimant has not previously been awarded housing benefit in the past 52 weeks and was able to meet their rent obligation when they entered into it and for a protected eligible rent for up to 12 months where certain members of the claimant’s household have died. This is based either upon the actual rent or, in the case of an existing award of housing benefit, the previous eligible rent.

Regulation A14 makes provision for the cases where a maximum rent (social sector) must be determined by the relevant authority. It includes exceptions for certain tenancies that are contained within Schedule 3 to the Housing Benefit Regulations, equity-sharing lease tenancies, mooring charges for houseboats and site charges for caravans and mobile homes, claimants who have reached the qualifying age for state pension credit, or whose partner has reached that age, and claimants placed in temporary accommodation by a relevant authority.

Regulation B14 makes provision for the calculation of the maximum rent (social sector) for working age claimants. The relevant authority must determine how many bedrooms are necessary for the claimant’s household, in accordance with the criteria set out in paragraph (5), and how many bedrooms the claimant has. The relevant authority must then determine the claimant’s limited rent. If the claimant has one bedroom in excess of the number that is necessary, 14% of the limited rent is deducted to give the maximum rent (social sector). If the claimant has two or more bedrooms in excess of the number that is necessary, the deduction is 25%. It also makes provision for additional rooms when applying the size criteria to claimants in social sector housing who are parents of members of the armed forces who are away on operations, are a qualifying parent or carer or who have a child who cannot share a room.

The other paragraphs in regulation 5 contain consequential amendments.

Regulation 6 amends paragraph 4 of Schedule 3 to the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006.

Since 1996, transitional protection in respect of the amount of housing benefit paid, has applied to claimants in certain types of supported accommodation and for certain existing housing benefit claimants and their families (namely those who had been in continuous receipt of housing benefit since at least 1st January 1996 and who continued to occupy the same dwelling (subject to certain exceptions)). This transitional protection was preserved when the Housing Benefit Regulations were introduced in 2006.

Regulation 6 provides that this transitional protection will not apply to those whose housing benefit is payable by way of a rent rebate or whose landlord is a registered housing association subject to exceptions, and that the new method of calculating eligible rent will be applied.

Regulation 7 revokes the Housing Benefit (Amendment) Regulations (Northern Ireland) 2016.

An assessment of the impact of this instrument has been carried out. Copies of the impact assessment may be obtained from the Better Regulation Unit of the Department for Work and Pensions, 2D Caxton House, Tothill Street, London, SW1 9NA. It is also available alongside this instrument and the Explanatory Memorandum on www.legislation.gov.uk.