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

Statutory Rules of Northern Ireland

2018 No. 36

Housing

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

Made

5th March 2018

Laid before Parliament

6th March 2018

Coming into operation

2nd April 2018

The Secretary of State makes the following Regulations in exercise of the powers conferred by Articles 16, 38(1) and 48(2)(b) of the Welfare Reform (Northern Ireland) Order 2015(1).

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

Citation and commencement

1.  These Regulations may be cited as the Universal Credit Housing Costs (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018 and shall come into operation on 2nd April 2018.

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

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

(2) In regulation 3 (broad rental market area determinations)(3)—

(a) for paragraph (6)(b) (date on which a broad rental market area determination takes effect) substitute—

“(b) for all other purposes—

(i) on the next relevant Monday following the day on which the determination is made; or

(ii) where the next relevant Monday is within 11 months beginning with the day on which the determination is made, on the next relevant Monday after that.”;

(b) after paragraph (7) insert—

“(8) “Relevant Monday” has the same meaning as in regulation 4(4).”.

(3) In paragraph 2 of Schedule 1 (local housing allowance determinations)(4)—

(a) in sub-paragraph (2)(a), for “determined for that category of dwelling on 30^th January 2015” substitute “ last determined for that category of dwelling”;

(b) in sub-paragraph (2A)—

(i) in paragraph (a) for “determined for that category of dwelling on 30^th January 2015” substitute “last determined for that category of dwelling”; 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)	£1,163.30
Paragraph 1(b) (one bedroom, exclusive use)	£1,163.30
Paragraph 1(c) (two bedrooms)	£1,349.43
Paragraph 1(d) (three bedrooms)	£1,582.09
Paragraph 1(e) (four bedrooms)	£1,861.28”

(c) for the table in paragraph 5(5) substitute—

“(1) Broad rental market area	(2) Category of dwelling as defined in the following paragraphs of this Schedule
BRMA1 –South	Paragraph 1(b) (one bedroom, exclusive use)
BRMA1 – South	Paragraph 1(c) (two bedrooms)
BRMA1 – South	Paragraph 1(d) (three bedrooms)
BRMA1 – South	Paragraph 1(e) (four bedrooms)
BRMA2 – North	Paragraph 1(d) (three bedrooms)
BRMA2 – North	Paragraph 1(e) (four bedrooms)
BRMA3 – Lough Neagh Lower	Paragraph 1(a) (one bedroom, shared accommodation)
BRMA3 – Lough Neagh Lower	Paragraph 1(c) (two bedrooms)
BRMA3 – Lough Neagh Lower	Paragraph 1(d) (three bedrooms)
BRMA3 – Lough Neagh Lower	Paragraph 1(e) (four bedrooms)
BRMA4 – North West	Paragraph 1(a) (one bedroom, shared accommodation)
BRMA4 – North West	Paragraph 1(b) (one bedroom exclusive use)
BRMA4 – North West	Paragraph 1(c) (two bedrooms)
BRMA6 – South East	Paragraph 1(d) (three bedrooms)
BRMA6 – South East	Paragraph 1(e) (four bedrooms)
BRMA8 – Belfast	Paragraph 1(b) (one bedroom, exclusive use)
BRMA8 – Belfast	Paragraph 1(c) (two bedrooms)
BRMA8 – Belfast	Paragraph 1(d) (three bedrooms)
BRMA8 – Belfast	Paragraph 1(e) (four bedrooms)”

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

Kit Malthouse

Parliamentary Under-Secretary of State

Department for Work and Pensions

5th March 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016 (“the UC Executive Determinations Regulations”) to make changes to the manner in which the local housing allowance is determined.

Regulation 2 amends those 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% and (b) the maximum allowance applicable to the dwelling, as specified in the table inserted by these 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 UC Executive Determinations Regulations.

Regulation 2 also amends the UC Executive Determinations Regulations so that any changes to a broad rental market area made as a result of a broad rental market area determination take effect on the relevant Monday as defined in the UC Executive Determinations Regulations.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

(1)

S.I. 2015/2006 (N.I. 1).

(2)

S.R. 2016 No. 222.

(3)

Regulation 3 was amended by regulation 2(2) of S.R. 2017 No. 144.

(4)

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

(5)

Paragraph 5 was inserted by regulation 2(3)(b) of S.R. 2017 No. 144.