2017 No. 9

Housing

The Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2017

Made16th January 2017

Coming into operation23rd January 2017

The Department for Communities 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 19921 and now vested in it2.

Proposals in respect of these Regulations were not referred to the Social Security Advisory Committee since it appeared to the Department for Communities that by reason of the urgency of the matter it was expedient not to do so3.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2017 and shall come into operation on 23rd January 2017.

(2)

The Interpretation Act (Northern Ireland) 19544 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment to the Housing Benefit (Executive Determinations) Regulations2.

(1)

The Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 20085 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 36 (broad rental market area determinations and local housing allowance determinations) after paragraph (1) insert—

“(1A)
The power in paragraph (1) is not limited by paragraph 2(2A) or (2B) of the Schedule.”.

(3)

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

(a)

in paragraph 2 (local housing allowance for category of dwelling in paragraph 1) —

(i)

before sub-paragraph (3)7 insert—

“(2A)
For a broad rental market area not listed in column 1 of the table in paragraph 5A, the local housing allowance for any category of dwelling is the lower of the amounts in sub-paragraph (3)(a) and (b).
(2B)
For a broad market area listed in column 1 of the table in paragraph 5A, the local housing allowance—
(a)
for a category of dwelling listed in the corresponding entry in column 2 of that table, is the lower of the amounts set out in sub-paragraph (3A)(a) and (b);
(b)
for a category of dwelling not so listed, is the lower of the amounts set out in sub-paragraph (3)(a) and (b).”;

(ii)

in sub-paragraph (3)—

(aa)

for the words before paragraph (a) substitute “The amounts referred to in sub-paragraphs (2A) and (2B)(b) are—“;

(bb)

at the end of paragraph (a), for “or” substitute “and”;

(cc)

in paragraph (b), omit “, where that rent is lower than the allowance referred to in paragraph (a)”;

(iii)

after sub-paragraph (3) insert—

“(3A)
The amounts referred to in sub-paragraph (2B)(a) are—
(a)
the local housing allowance determined for that category of dwelling on 30th January 2015 (or, where the determination is amended under regulation 14F of the Housing Benefit Regulations)8(amended determinations), the allowance provided for in the amended determination), plus 3%; and
(b)
the maximum local housing allowance listed in column (2) of the following table for the category of dwelling—
(1) Category of dwelling as defined in the following paragraphs of this Schedule
(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”

(1) Category of dwelling as defined in the following paragraphs of this Schedule	(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)

after paragraph 59 insert—

“5A.
The table referred to in paragraph 2(2A) and (2B) is—
(1) Broad rental market area
(2) Category of dwelling as defined in the following paragraphs of this Schedule
BRMA1 – South
Paragraph 1(1)(a) (one bedroom, shared accommodation)
BRMA1 – South
Paragraph 1(1)(b) (one bedroom, exclusive use)
BRMA1 – South
Paragraph 1(1)(e) (four bedrooms)
BRMA3 – Lough Neagh Lower
Paragraph 1(1)(a) (one bedroom, shared accommodation)
BRMA6 – South East
Paragraph 1(1)(e) (four bedrooms)
BRMA8 – Belfast
Paragraph 1(1)(e) (four bedrooms)”

(1) Broad rental market area	(2) Category of dwelling as defined in the following paragraphs of this Schedule

BRMA1 – South	Paragraph 1(1)(a) (one bedroom, shared accommodation)
BRMA1 – South	Paragraph 1(1)(b) (one bedroom, exclusive use)
BRMA1 – South	Paragraph 1(1)(e) (four bedrooms)
BRMA3 – Lough Neagh Lower	Paragraph 1(1)(a) (one bedroom, shared accommodation)
BRMA6 – South East	Paragraph 1(1)(e) (four bedrooms)
BRMA8 – Belfast	Paragraph 1(1)(e) (four bedrooms)”

Sealed with the Official Seal of the Department for Communities on 16th January 2017

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008 (“the Executive Determinations Regulations”) to make changes to the manner in which the local housing allowance is determined.

Regulation 2 amends the Executive Determinations Regulations to provide that, for dwellings in specified categories in specified broad rental market areas, the local housing allowance is as currently determined but with an uplift of 3%. This Regulation further provides that for these dwellings, there is a maximum local housing allowance.