
1 

(1) These Regulations may be cited as the Housing Benefit (General) (Amendment No. 4) Regulations (Northern Ireland) 1997 and shall come into operation as follows—
(a) for the purposes of this regulation and regulation 4(b) on 7th April 1997;
(b) for the purposes of regulations 2, 3, 4(a) and 5 on 6th October 1997.
(2) In these Regulations—
 “the principal Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987;
 “young individual” has the meaning specified in regulation 2 of the principal Regulations.
(3) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.
2 
In regulation 11 (maximum rent)—
(a) in paragraph (3A) at the beginning there shall be inserted “Subject to paragraph (3D),”;
(b) after paragraph (3A) there shall be inserted the following paragraphs—“
(3B) In the case of a single claimant to whom paragraph (3C) applies, where the Executive has determined a single room rent, the maximum rent shall not exceed that single room rent.
(3C) Subject to paragraph (3D), this paragraph applies to a person who is aged not less than 25 but less than 60 and who—
(a) makes a claim for housing benefit on or after 6th October 1997, or
(b) having been continuously entitled to and in receipt of housing benefit in respect of the same dwelling for a benefit period beginning before 6th October 1997, makes a further claim for that benefit either—
(i) in accordance with regulation 72(11), (12) or (13) (time and manner in which claims are to be made), or
(ii) upon a change of dwelling.
(3D) Paragraphs (3A) and (3C) shall not apply in the case of a claimant—
(a) who is a tenant of a registered housing association or a person to whom regulation 16 of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996 (savings provisions) applies;
(b) to whom paragraph 13 of Schedule 2 (severe disability premium) applies, or
(c) who has a non-dependant residing with him.”;
(c) in paragraph (4)—
(i) for “limits specified in paragraphs (3) and (3A)” there shall be substituted “limits specified in paragraphs (3), (3A) and (3B)”, and
(ii) in sub-paragraph (a) the words from “plus 50 per cent.” to the end of the sub-paragraph shall be omitted;
(d) in paragraph (5) for “limits specified in paragraphs (3) and (3A)” there shall be substituted “limits specified in paragraphs (3), (3A) and (3B)” and the words from “plus 50 per cent.” to the end of the paragraph shall be omitted.
3 
Subject to regulation 5 (savings), regulation 12 (restrictions on rent increases) shall be omitted.
4 
In Schedule 1B to the principal Regulations (excluded tenancies)—
(a) in paragraph 2(3)(d) after “young individual” there shall be inserted “or person to whom regulation 11(3B) applies”;
(b) in paragraph 6(2) for the words from “if there” to the end of the paragraph, there shall be substituted the following—“if—
(a) there has been an increase in rent since the disposal occurred, and
(b) the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependant of his and any person paying rent to him), or
(c) the rent payable for that dwelling is unreasonably high.”.
5 

(1) Regulation 2(c) and (d) shall not have effect in the case of a claimant for housing benefit to whom paragraph (2) applies.
(2) This paragraph applies to a claimant—
(a) who is not a single claimant;
(b) who is aged less than 25 and is not a young individual, or
(c) who is aged 60 or over,
who makes a further claim for housing benefit under regulation 72(11) to (13) of the principal Regulations, where he has been continuously entitled to and in receipt of housing benefit in respect of the same dwelling for a benefit period beginning before 6th October 1997, which included an addition by virtue of regulation 11(4) or (5) of the principal Regulations as they had effect on 5th October 1997 and for this purpose “benefit period” has the same meaning as in regulation 66 of the principal Regulations.
(3) Regulation 3 shall not have effect in the case of a claimant to whom regulation 16 of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996 (savings provisions) applies.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
John O'Neill
Assistant Secretary
20th March 1997.