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(1) These Regulations may be cited as the Social Security (Housing Costs and Miscellaneous Amendments) Regulations (Northern Ireland) 2007 and shall come into operation on 17th December 2007.
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
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(1) The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) and (3).
(2) In regulation 6(5) (persons not treated as engaged in remunerative work)—
(a) in sub-paragraph (c)(i) for “a loan which qualifies under paragraph 15 (loans on residential property) or 16 (loans for repairs and improvements to the dwelling occupied as the home)” substitute “housing costs which qualify under paragraphs 15 to 17”;
(b) in sub-paragraph (c)(ii) for “a loan which qualifies under paragraph 14 (loans on residential property) or 15 (loans for repairs and improvements to the dwelling occupied as the home” substitute “housing costs which qualify under paragraphs 14 to 16”, and
(c) in sub-paragraph (d) for “on such a loan” substitute “in respect of such housing costs”.
(3) In Schedule 3 (housing costs)—
(a) in paragraph 1A (previous entitlement to income-based jobseeker’s allowance)—
(i) for the heading substitute “Previous entitlement to income-based jobseeker’s allowance or state pension credit”;
(ii) in sub-paragraph (1)(a) for “paragraph 14 or 15” substitute “paragraphs 14 to 16”;
(iii) after sub-paragraph (1) insert—“
(1A) Where a claimant or his partner was in receipt of state pension credit not more than 12 weeks before one of them becomes entitled to income support or, where the claimant or his partner is a person to whom paragraph 14(2) or (8) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—
(a) the appropriate minimum guarantee included an amount in respect of housing costs under paragraphs 11 to 13 of Schedule 2 to the State Pension Credit Regulations (Northern Ireland) 2003, and
(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,
the applicable amount in respect of housing costs for income support shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.”, and
(iv) in sub-paragraph (2) after “jobseeker’s allowance” insert “or (as the case may be) state pension credit”.
(b) in paragraph 4 (housing costs not met) after sub-paragraph (4A) insert—“
(4B) A person treated by virtue of paragraph 14 as being in receipt of income support for the purposes of this Schedule is not to be treated as entitled to income support for the purposes of sub-paragraph (4).”, and
(c) in paragraph 12 (the standard rate)—
(i) in sub-paragraph (2) for “sub-paragraphs (3), (4) and (6)” substitute “sub-paragraph (3)”, and
(ii) omit sub-paragraphs (4) to (6).
3 
In Schedule 8B to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (deductions of mortgage interest from benefit and payment to qualifying lenders), in paragraph 2A(4) (specified circumstances for the purposes of regulation 34ZB), for “19” substitute “20”.
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In Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996—
(a) in paragraph 1A (previous entitlement to income support)—
(i) for the heading substitute “Previous entitlement to income support or state pension credit”;
(ii) in sub-paragraph (1)(a) for “paragraph 15 or 16” substitute “paragraphs 15 to 17”;
(iii) after sub-paragraph (1) insert—“
(1ZA) Where a claimant or his partner was in receipt of state pension credit not more than 12 weeks before one of them becomes entitled to income-based jobseeker’s allowance or, where the claimant or his partner is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—
(a) the appropriate minimum guarantee included an amount in respect of housing costs under paragraphs 11 to 13 of Schedule 2 to the State Pension Credit Regulations (Northern Ireland) 2003, and
(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,
the applicable amount in respect of housing costs for income-based jobseeker’s allowance shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.”;
(iv) after sub-paragraph (1A) insert—“
(1B) Where either member of a joint-claim couple was in receipt of state pension credit not more than 12 weeks before the couple becomes entitled to a joint-claim jobseeker’s allowance, or, where either member is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—
(a) the appropriate minimum guarantee included an amount in respect of housing costs under paragraphs 11 to 13 of Schedule 2 to the State Pension Credit Regulations (Northern Ireland) 2003, and
(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,
the applicable amount in respect of housing costs for joint-claim jobseeker’s allowance shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.”, and
(v) in sub-paragraph (2) after “income support” insert “or (as the case may be) state pension credit”.
(b) in paragraph 4 (housing costs not met) after sub-paragraph (4A) insert—“
(4B) A person treated by virtue of paragraph 13 as being in receipt of a jobseeker’s allowance for the purposes of this Schedule is not to be treated as entitled to a jobseeker’s allowance for the purposes of sub-paragraph (4).”, and
(c) in paragraph 11 (the standard rate)—
(i) in sub-paragraph (2) for “sub-paragraphs (3), (4) and (6)” substitute “sub-paragraph (3)”, and
(ii) omit sub-paragraphs (4) to (6).
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In Schedule 2 (housing costs) to the State Pension Credit Regulations (Northern Ireland) 2003, in paragraph 9 (the standard rate)—
(a) in sub-paragraph (2) for “sub-paragraphs (3), (4) and (6)” substitute “sub-paragraph (3)”, and
(b) omit sub-paragraphs (4) to (6).
Sealed with the Official Seal of the Department for Social Development on 15th November 2007
(L.S.)John O’Neill
A senior officer of the Department for Social Development
