The Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018

Statutory Rules of Northern Ireland

2018 No. 209

Housing

The Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018

Made

11th December 2018

Laid before Parliament

12th December 2018

Coming into operation

25th January 2019

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 122(1)(d), 129A(2) and 171(1), (3) and (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1), and Articles 16, 38 and 48(2)(b) of the Welfare Reform (Northern Ireland) Order 2015(2).

These powers are exercisable by the Secretary of State by virtue of Article 4(1)(a) and (b) of the Welfare Reform (Northern Ireland) Order 2015(3).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018 and shall come into operation on 25th January 2019.

(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 (Northern Ireland) 2008

2.—(1) The Schedule to the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008(5) (broad rental market area determinations and local housing allowance determinations) is amended in accordance with paragraphs (2) and (3).

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

(a) in sub-paragraph (2B)(a)(6) for “lower of the amounts set out in sub-paragraph (3A)(a) and (b)” substitute “lowest of the amounts set out in sub-paragraph (3A)(a), (b) and (c)”;

(b) in sub-paragraph (3A)(7)—

(i) in paragraph (a) after “plus 3%” omit “and”;

(ii) for the table in paragraph (b) substitute—

“(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)	£276.51
Paragraph 1(1)(b) (one bedroom, exclusive use)	£276.51
Paragraph 1(1)(c) (two bedrooms)	£320.74
Paragraph 1(1)(d) (three bedrooms)	£376.04
Paragraph 1(1)(e) (four bedrooms)	£442.42”;

(iii) after paragraph (b) insert—

“and

(c)

the rent at the 30^th percentile determined in accordance with sub-paragraphs (4) to (8).”.

(3) For the table in paragraph 5A(8) substitute—

“(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 BRMA1 – South BRMA1 – South	Paragraph 1(1)(b) (one bedroom, exclusive use) Paragraph 1(1)(c) (two bedrooms) Paragraph 1(1)(d) (three bedrooms)
BRMA1 – South BRMA2 – North BRMA2 – North BRMA2 – North BRMA2 – North BRMA3 – Lough Neagh Lower BRMA3 – Lough Neagh Lower BRMA3 – Lough Neagh Lower BRMA3 – Lough Neagh Lower BRMA3 – Lough Neagh Lower BRMA4 – North West BRMA4 – North West BRMA4 – North West BRMA4 – North West BRMA4 – North West BRMA5 – South West BRMA5 – South West BRMA5 – South West BRMA5 – South West BRMA5 – South West BRMA6 – South East BRMA6 – South East BRMA6 – South East BRMA6 – South East BRMA6 – South East BRMA7 – Lough Neagh Upper BRMA7 – Lough Neagh Upper BRMA7 – Lough Neagh Upper BRMA7 – Lough Neagh Upper BRMA7 – Lough Neagh Upper BRMA8 – Belfast BRMA8 – Belfast BRMA8 – Belfast BRMA8 – Belfast BRMA8 – Belfast	Paragraph 1(1)(e) (four bedrooms) Paragraph 1(1)(b) (one bedroom, exclusive use) Paragraph 1(1)(c) (two bedrooms) Paragraph 1(1)(d) (three bedrooms) Paragraph 1(1)(e) (four bedrooms) 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)(d) (three bedrooms) Paragraph 1(1)(e) (four bedrooms) 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)(d) (three bedrooms) Paragraph 1(1)(e) (four bedrooms) 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)(d) (three bedrooms) Paragraph 1(1)(e) (four bedrooms) 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)(d) (three bedrooms) Paragraph 1(1)(e) (four bedrooms) 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)(d) (three bedrooms) Paragraph 1(1)(e) (four bedrooms) 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)(d) (three bedrooms) Paragraph 1(1)(e) (four bedrooms)”

Amendment of the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016

3.—(1) The Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016(9) are amended in accordance with paragraphs (2) and (3).

(2) In paragraph 2 of Schedule 1 (local housing allowance for category of dwelling in paragraph 1)(10)—

(a) in sub-paragraph (1B)(a) for “lower of the amounts set out in sub-paragraph (2A)(a) and (b)” substitute “lowest of the amounts set out in sub-paragraph (2A)(a), (b) and (c)”;

(b) in sub-paragraph (2A)—

(i) in paragraph (a) after “plus 3%;” omit “and”;

(ii) for the table in paragraph (b) substitute—

“(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)(a) (one bedroom, shared accommodation) paragraph (1)(b) (one bedroom, exclusive use) paragraph 1(1)(c) (two bedrooms) paragraph 1(d) (three bedrooms) paragraph 1(e) (four bedrooms)	£1198.20 £1198.20 £1389.91 £1629.55 £1917.12”;

(iii) after paragraph (b) insert—

“and

(c)

the rent at the 30^th percentile determined in accordance with paragraph 3.”.

(3) For the table in paragraph 5(11) of Schedule 1 substitute—

“(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 BRMA1 – South BRMA1 – South	Paragraph 1(1)(b) (one bedroom, exclusive use) Paragraph 1(1)(c) (two bedrooms) Paragraph 1(1)(d) (three bedrooms)
BRMA1 – South BRMA2 – North BRMA2 – North BRMA2 – North BRMA2 – North BRMA3 – Lough Neagh Lower BRMA3 – Lough Neagh Lower BRMA3 – Lough Neagh Lower BRMA3 – Lough Neagh Lower BRMA3 – Lough Neagh Lower BRMA4 – North West BRMA4 – North West BRMA4 – North West BRMA4 – North West BRMA4 – North West BRMA5 – South West BRMA5 – South West BRMA5 – South West BRMA5 – South West BRMA5 – South West BRMA6 – South East BRMA6 – South East BRMA6 – South East BRMA6 – South East BRMA6 – South East BRMA7 – Lough Neagh Upper BRMA7 – Lough Neagh Upper BRMA7 – Lough Neagh Upper BRMA7 – Lough Neagh Upper BRMA7 – Lough Neagh Upper BRMA8 – Belfast BRMA8 – Belfast BRMA8 – Belfast BRMA8 – Belfast BRMA8 – Belfast	Paragraph 1(1)(e) (four bedrooms) Paragraph 1(1)(b) (one bedroom, exclusive use) Paragraph 1(1)(c) (two bedrooms) Paragraph 1(1)(d) (three bedrooms) Paragraph 1(1)(e) (four bedrooms) 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)(d) (three bedrooms) Paragraph 1(1)(e) (four bedrooms) 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)(d) (three bedrooms) Paragraph 1(1)(e) (four bedrooms) 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)(d) (three bedrooms) Paragraph 1(1)(e) (four bedrooms) 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)(d) (three bedrooms) Paragraph 1(1)(e) (four bedrooms) 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)(d) (three bedrooms) Paragraph 1(1)(e) (four bedrooms) 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)(d) (three bedrooms) Paragraph 1(1)(e) (four bedrooms)”

Signed by authority of the Secretary of State for Work and Pensions

Justin Tomlinson

Parliamentary Under Secretary of State

Department for Work and Pensions

11th December 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008 (S.R. 2008 No. 100) (“the Executive Determinations Regulations”) and the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016 (S.R. 2016 No. 222) to make changes to the manner in which the local housing allowance is determined.

The Regulations also provide revised amounts for the maximum local housing allowance for specified categories of dwelling.

Regulation 2 amends the Executive Determinations Regulations by substituting tables that provide that, for dwellings in specified categories in specified broad rental market areas, the local housing allowance is the lower of (a) the rent as last determined plus 3%, (b) the maximum allowance applicable to the dwelling and (c) the rent at the 30th percentile, determined in accordance with the Executive Determinations Regulations.

For other dwellings, the local housing allowance is the lower of the rent as last determined and the rent at the 30th percentile, determined in accordance with the Executive Determinations Regulations.

Regulation 3 makes the equivalent amendments to the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016.

An impact assessment has not been produced for this instrument as it has no impact on business or civil society organisations.

(1)

1992 c. 7; section 129A was inserted by section 30(2) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21); for the meaning of “prescribed” see section 133 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

(2)

S.I. 2015/2006 (N.I. 1); for the meaning of “prescribed” and “regulations” see Article 5.

(3)

Functions under or for the purposes of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 are vested in the Department for Communities by virtue of Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.)).

(4)

1954 c. 33 (N.I.).

(5)

S.R. 2008 No. 100; relevant amending Regulations are S.R. 2017 No. 9 and S.R. 2018 No. 2.

(6)

Sub-paragraph (2B) was inserted by regulation 2(3)(a)(i) of S.R. 2017 No. 9.

(7)

Sub-paragraph (3A) was inserted by regulation 2(3)(a)(iii) of S.R. 2017 No. 9 and amended by regulation 2(3)(a)(ii) of S.R. 2018 No. 2.

(8)

Paragraph 5A was substituted by regulation 2(3)(b) of S.R. 2018 No. 2.

(9)

S.R. 2016 No. 222.

(10)

Schedule 1 was amended by regulation 2(3) of S.R. 2017 No. 144 and regulation 2(3) of S.R. 2018 No. 36.

(11)

Paragraph 5 was inserted by regulation 2(3)(b) of S.R. 2017 No. 144 and amended by regulation 2(3)(c) of S.R. 2018 No. 36.