Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Benefit (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2005 and shall come into operation on –

(a)for the purposes of regulation 2(6) on 3rd April 2005;

(b)for all other purposes, on 4th April 2005.

(2) In these Regulations –

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(6);

“the State Pension Credit Regulations” means the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003(7).

(3) The Interpretation Act (Northern Ireland) 1954(8) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Housing Benefit Regulations

2.—(1) Subject to paragraph (2), the Housing Benefit Regulations shall be amended in accordance with paragraphs (2) to (7).

(2) The amendments made by paragraphs (4) and (7) are to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2 of the State Pension Credit Regulations applies.

(3) In regulation 5 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) –

(a)in paragraph (7A)(9), after “person” where it first appears, there shall be inserted “to whom neither paragraph (5)(a)(10) nor (8B)(c)(x)(11) applies”;

(b)for paragraph (8A)(12) there shall be substituted the following paragraphs –

“(8A) This paragraph applies to a person who is –

(a)detained in custody pending sentence upon conviction or under a sentence imposed by a court (other than a person who is detained in hospital under the provisions of the Mental Health (Northern Ireland) Order 1986(13)), and

(b)on temporary release from such detention in accordance with Rules made under the provisions of the Prison Act (Northern Ireland) 1953(14).

(8ZA) Where paragraph (8A) applies to a person, then, for any day that he is on temporary release –

(a)if such temporary release was immediately preceded by a period of temporary absence under paragraph (8) or (8B), he shall be treated as if he continues to be absent from the dwelling, despite any occupation of the dwelling;

(b)for the purposes of paragraph (8B)(c)(i), he shall be treated as if he remains in detention, and

(c)if he does not fall within paragraph (a), he shall be treated as if he does not occupy his dwelling as his home despite any such occupation of the dwelling.”;

(c)in paragraph (8B)(c)(viii) “or regulation 48A(1)(15)” shall be omitted;

(d)in paragraph (8B)(c)(x) there shall be omitted, “or (7A)”.

(4) In regulation 36 (notional income) –

(a)in paragraph (1)(a), before “the amount” there shall be inserted “subject to paragraph (1A),”;

(b)after paragraph (1) there shall be inserted the following paragraphs –

“(1A) Paragraph (1)(a) shall not apply to the following where entitlement has been deferred –

(a)a Category A or Category B retirement pension payable under sections 43 to 55 of the Contributions and Benefits Act;

(b)a shared additional pension payable under section 55A(16) of that Act, and

(c)graduated retirement benefit payable under sections 35 or 36 of the National Insurance Act (Northern Ireland) 1966(17).

(1B) For the purposes of paragraph (1A), entitlement has been deferred –

(a)in the case of a Category A or Category B pension, in the circumstances specified in section 55(3)(18) of the Contributions and Benefits Act;

(b)in the case of a shared additional pension, in the circumstances specified in section 55C(3)(19) of that Act;

(c)in the case of graduated retirement benefit, in the circumstances specified in section 35(4) and (4A)(20) of the National Insurance Act (Northern Ireland) 1966.”.

(5) Until 6th April 2005 the references in regulation 36(1B) (as inserted by paragraph (4)) to section 55(3) of the Contributions and Benefits Act, section 55C(3) of that Act and section 35(4) and (4A) of the National Insurance Act (Northern Ireland) 1966 shall have effect as if they were references to section 55(2) to the Contributions and Benefits Act, section 55C(1) of that Act and section 35(4) and (7) of the National Insurance Act (Northern Ireland) 1966 respectively.

(6) In Schedule 2 (applicable amounts), paragraph 13A(2)(a)(21) shall be omitted.

(7) In Schedule 4A (amounts to be disregarded in the calculation of income other than earnings), after paragraph 24(22) there shall be added the following paragraph –

“25.  Except in the case of income from capital specified in Part II of Schedule 5ZA, any actual income from capital.”.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Housing Benefit (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 461) (“the Housing Benefit Regulations”).

The Housing Benefit Regulations were modified by the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 for persons who attained the qualifying age for state pension credit (except where regulation 2(2) of those Regulations applies). These Regulations apply to the Housing Benefit Regulations as so modified and as not so modified, as set out in regulation 2(1) and (2).

Regulation 2(3) amends regulation 5 of the Housing Benefit Regulations by replacing paragraph (8A) with a new provision which deals with the treatment of prisoners on temporary release and by making other minor, technical amendments.

Regulation 2(4) amends regulation 36 of the Housing Benefit Regulations (which applies to persons who attained the qualifying age for state pension credit) to provide that certain specified categories of retirement pension income will not be treated as notional income under paragraph 36(1)(a).

Regulation 2(5) makes transitional provision in respect of the provisions amended by regulation 2(4).

Regulation 2(6) amends Schedule 2 to the Housing Benefit Regulations to remove a provision excluding the award of an Enhanced Disability Premium in respect of a child whose capital exceeds a specified amount.

Regulation 2(7) amends Schedule 4A to the Housing Benefit Regulations (which applies to persons who attained the qualifying age for state pension credit) to provide for certain income from capital to be disregarded when calculating a claimant’s income.

These Regulations do not impose any charge on business.