The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007

PART 12N.I.Overpayments

Application of section 73 of the Administration ActN.I.

31.  Section 73(1), (2), (3)(a) and (b) and (7) of the Administration Act shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

(a)for “housing benefit” there were substituted “rate relief”;

(b)in paragraph (1) for “by the Department, the Department of the Environment or by the Housing Executive” there were substituted “the relevant authority”;

(c)paragraph (2) for “the Department of the Environment or the Housing Executive” there were substituted “the relevant authority”.

Modification of Part XIIN.I.

32.  Part XII of the Housing Benefit (State Pension Credit) Regulations (overpayments) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

(a)as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

(b)as if for “benefit week” and “benefit weeks”, wherever they occur, there were substituted “rate relief week” and “rate relief weeks” respectively;

(c)as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;

(d)as if in regulation 77—

(i)after “this Part” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 32”;

(ii)for “rebate” there were substituted “rate relief”;

(iii)for the words from “and includes” to “decided” were omitted;

(e)as if in regulation 78—

(i)paragraph (3)(c) and (d) were omitted;

(ii)in paragraph (4) for “rent rebate or rate rebate or both” and, in both places where it occurs, “benefit” there were substituted “rate relief”;

(f)as if in regulation 79—

(i)in paragraph (1)—

(aa)after “Administration Act” there were inserted “ as applied with modifications for the purposes of these Regulations by regulation 31”;

(bb)in sub-paragraph (a) after “or 74” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 30”;

(cc)in sub-paragraph (d)(i) for “section 105A or 106(1) of the Administration Act (dishonest or false representations for obtaining benefit)” there were substituted “regulation 48 of these Regulations”;

(dd)in sub-paragraph (d)(ii) after “regulation 65” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 25”;

(ii)in paragraph (2) after “Administration Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 31”;

[F1(iia)as if paragraph (2A) were omitted;]

[F2(iii)as if for paragraph (3) there were substituted—

“(3) For the purposes of paragraph (1), “landlord” shall have the same meaning as it has for the purposes of regulation 73 of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 30.”;]

(iv)in paragraph (4) after “regulation 78(3)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 32”;

(g)as if regulation 80—

(i)in paragraph (1)—

(aa)after “regulation 79” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 32”;

(bb)after “regulation 76” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 30”;

(cc)the words from “or, where” to “regulation 83” were omitted;

[F3(ia)in paragraph (1A) there were omitted “or where it is unable to do so, may request the Department to recover any recoverable overpayment from the benefits prescribed in regulation 83(2A),”;]

(ii)paragraphs (3), (4), (5), (7) and (8) were omitted;

(h)as if in regulation 81(1) after “regulation 78(2) there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 32”;

(i)as if in regulation 82(2)—

(i)for “In the case of rent or rate rebate only, in” there were substituted “In”;

(ii)“rent or” were omitted;

(j)as if [F4regulation 82A, and regulations 83 to 85] were omitted.

Destination of repayments, etc.N.I.

33.—(1) Any sum recovered by, received by or repaid to a relevant authority under or by virtue of any provision of these Regulations shall be paid into the Consolidated Fund of Northern Ireland.

(2) All penalties recovered by or for a relevant authority under or by virtue of any provision of these Regulations shall be paid into the Consolidated Fund of Northern Ireland.