Search Legislation

The Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2009

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made).

Statutory Rules of Northern Ireland

2009 No. 328

Housing

The Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2009

Made

28th September 2009

Coming into operation

12th October 2009

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(d), 129A(2) and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and now vested in it(2).

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it(3).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 12th October 2009.

(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Housing Benefit (Executive Determinations) Regulations

2.  In the Schedule to the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008(5) (broad rental market area determinations and local housing allowance determinations) after paragraph 2(5) (local housing allowance for category of dwelling in paragraph 1) insert—

(5A) Where the Executive is not satisfied that the list of rents in respect of any category of dwelling would contain sufficient rents, payable at the date of the determination for dwellings in the broad rental market area, to enable a local housing allowance to be determined which is representative of the rents that a landlord might reasonably be expected to obtain in that area, the Executive may add to the list rents for dwellings in the same category in other areas in which a comparable market exists..

Sealed with the Official Seal of the Department for Social Development on 28th September 2009

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008.

Regulation 2 inserts a new sub-paragraph (5A) into paragraph 2 of the Schedule. Paragraph 2 sets out how the Northern Ireland Housing Executive (“the Executive”) should determine a local housing allowance for each category of dwelling identified in paragraph 1. This process involves drawing up a list of rents, payable at the date of the determination, for dwellings within a broad rental market area. The new sub-paragraph will allow the Executive, where it is not satisfied that the list of rents for a particular category would contain sufficient rents to enable a representative local housing allowance to be determined, to add to the list rents for dwellings in the same category located in other areas in which a comparable market exists.

(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)

(2)

See Article 8(b) of S.R. 1999 No. 481

(3)

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources