Part VIIN.I. Income-Related Benefits

Housing benefitN.I.

129 Housing benefit.N.I.

(1)A person is entitled to housing benefit if—

(a)he is liable to make payments in respect of a dwelling in Northern Ireland which he occupies as his home;

(b)there is an appropriate maximum housing benefit in his case; and

(c)either—

(i)he has no income or his income does not exceed the applicable amount; or

(ii)his income exceeds that amount, but only by so much that there is an amount remaining if the deduction for which subsection (3)(b) below provides is made.

(2)In subsection (1) above “payments in respect of a dwelling” means such payments as may be prescribed, but the power to prescribe payments does not include power to prescribe mortgage payments.

[F1This subsection is subject to subsection (2A).

(2A)Except to the extent that regulations otherwise provide, payments in respect of services which provide support, assistance, advice or counselling to individuals with particular needs are not “payments in respect of a dwelling” for the purposes of subsection (1).]

(3)Where a person is entitled to housing benefit, then—

(a)if he has no income or his income does not exceed the applicable amount, the amount of the housing benefit shall be the amount which is the appropriate maximum housing benefit in his case; and

(b)if his income exceeds the applicable amount, the amount of the housing benefit shall be what remains after the deduction from the appropriate maximum housing benefit of prescribed percentages of the excess of his income over the applicable amount.

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3129AAppropriate maximum housing benefitN.I.

(1)For the purposes of section 129 above, the appropriate maximum housing benefit (in this section referred to as “the AMHB”) is determined in accordance with this section.

(2)Regulations must prescribe the manner in which the AMHB is to be determined.

(3)[F4The provision which may be made by the regulations includes provision] for the AMHB to be ascertained in the prescribed manner by reference to Executive determinations.

[F5(4)The regulations may, for the purpose of determining the AMHB, provide for the amount of the liability mentioned in section 129(1)(a) above to be taken to be an amount other than the actual amount of that liability (and, without prejudice to the generality of this subsection, may provide for it to be taken to be the amount of an Executive determination).]

[F5(5)The regulations may, for that purpose, make provision for determining the amount of liability under section 129(1)(a) above which a person is treated as having by virtue of regulations under section 133(2)(j) below (and, without prejudice to the generality of this subsection, may provide for that amount to be the amount of an Executive determination).]

(6)An Executive determination is a determination made by the Executive in the exercise of functions under this section or regulations under this section.]