The Housing Benefit (Miscellaneous Amendments No.3) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (General) Regulations (Northern Ireland) 1987 (“the Housing Benefit Regulations”).

The Housing Benefit Regulations were modified by the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 (“the 2003 Regulations”) for persons who have attained the qualifying age for state pension credit (except where regulation 2(2), of the Housing Benefit Regulations applies).

Regulation 2 amends the Housing Benefit Regulations as so modified and as not so modified, as set out in paragraphs (1) and (2).

Paragraph (3) removes from regulation 16 (as modified by the 2003 Regulations) provisions which provide for the reduction of a claimant’s applicable amount where he or his partner is a long term patient. It also removes other ancillary provisions from that regulation.

Paragraph (4) removes regulation 18 which contains an equivalent provision which applies to claimants who have not reached the qualifying age for state pension credit.

Paragraph (5) imports into regulation 21A(4)(c) the definition of “patient” previously in regulation 18.

Paragraph (6) makes a minor, technical amendment to regulation 36(7)(a) (as modified by the 2003 Regulations).

Paragraphs (7) and (10) amend regulations 63(7) and 68B which prevent non-dependent deductions being made where the non-dependent is a long term patient, by amending the definition of “patient” and the rule under which periods of time spent as a patient are calculated.

Paragraph (8) amends regulation 65 by removing an obsolete provision and inserting a new paragraph (5) under which the benefit week from which a claimant becomes entitled to housing benefit is determined in particular circumstances.

Paragraph (9) omits paragraph (1A) of regulation 68 and inserts into that regulation new provisions under which the date on which a change of circumstances takes effect is determined in various, specified circumstances. It also makes other minor, technical amendments.

Paragraphs (11) and (12) amend regulations 69 and 70 by inserting new provisions under which a claimant’s weekly eligible rent is calculated and making other ancillary, technical and consequential amendments.

Paragraph (13) amends regulation 75(6) by removing the requirement on a person receiving only savings credit to report changes affecting child tax credit or child benefit.

Paragraph (14) makes minor, technical amendments to Schedule 2.

Paragraph (15) removes the requirement that arrears of working tax credit or child tax credit must be paid as a result of a change of circumstances in order to be disregarded in a claimant’s assessment of capital.

Paragraph (16) amends paragraph 21(2) of Schedule 5ZA (inserted by the 2003 Regulations) by adding discretionary housing payments and working tax credit to the list of benefits which may be disregarded as capital in the assessment of a claimant’s capital.

Paragraph (17) amends paragraph 9(2) of Schedule 6 by removing the requirement to refer in a decision notice to the amount of any child tax credit or child benefit where a person on state pension credit is entitled only to savings credit.

The regulations do not impose any charge on business.