
2003 No. 418
HOUSING; RATES
The Housing Benefit (State Pension Credit and Miscellaneous Amendments) Regulations (Northern Ireland) 2003
Made 23rd September 2003
Coming into operation in accordance with regulation 1(1)
The Department for Social Development, in exercise of the powers conferred by the provisions specified in the Schedule to these Regulations and now vested in it, section 132A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and paragraphs 3(1), 4(3) and (5) and 20(1) and (3) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it, hereby makes the following Regulations:
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Housing Benefit (State Pension Credit and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 and shall come into operation –
(a) for the purposes of this regulation and regulation 2, on 5th October 2003;
(b) for all other purposes on 6th October 2003.
(2) In these Regulations –
 “the Decisions and Appeals Regulations” means the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001;
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(3) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the State Pension Credit Regulations
2 
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Amendment of the Housing Benefit Regulations
3 
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Amendment of the Decisions and Appeals Regulations
4 

(1) The Decisions and Appeals Regulations shall be amended in accordance with paragraphs (2) to (5).
(2) In regulation 1(2) (interpretation) –
(a) after the definition of “the Fraud Act” there shall be inserted the following definition –“
 “the 1998 Order” means the Social Security (Northern Ireland) Order 1998;”;
(b) after the definition of “Decisions and Appeals Regulations 1999” there shall be inserted the following definition –“
 “family” has the same meaning as in section 133 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;”.
(3) In regulation 4 (revision of decisions), after paragraph (6A) there shall be inserted the following paragraph –“
(6B) Where –
(a) the relevant authority makes an original decision awarding housing benefit to the claimant, and
(b) entitlement to a relevant benefit within the meaning of Article 9(3) of the 1998 Order or of an increase in the rate of that relevant benefit is awarded to the claimant or a member of his family for a period which includes the date on which the original decision took effect,
the relevant authority may revise or further revise the original decision at any time.
(6C) Where entitlement to housing benefit has ceased (“decision A”) because entitlement to a relevant benefit within the meaning of Article 9(3) of the 1998 Order has ceased (“decision B”), decision A may be revised at any time if the entitlement to the relevant benefit to which decision B applies has been reinstated in consequence of a decision made under  Article 10 or 11 of the 1998 Order or on an appeal under Article 13 of that Order.”.
(4) In regulation 7(2) (decisions superseding earlier decisions) after paragraph (g) there shall be added the following paragraph –“
(h) where –
(i) the claimant has been awarded entitlement to housing benefit, and
(ii) subsequent to the first day of the period to which that entitlement relates, the claimant or a member of his family becomes entitled to an award of a relevant benefit within the meaning of Article 9(3) of the 1998 Order or an increase in the rate of that relevant benefit.”.
(5) In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (10) there shall be added the following paragraph –“
(11) Where the decision is superseded in accordance with regulation 7(2)(h) the superseding decision shall take effect from the date on which entitlement arises to the relevant benefit referred to in regulation 7(2)(h)(ii) or to an increase in the rate of that relevant benefit.”.
Sealed with the Official Seal of the Department for Social Development on 23rd September 2003.
D. A. Baker
Senior Officer of the
Department for Social Development
The Department of Finance and Personnel hereby consents to these Regulations.Sealed with the Official Seal of the Department of Finance and Personnel on 23rd September 2003.
Jack Layberry
Senior Officer of the
Department of Finance and Personnel

SCHEDULE
PROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS


Column (1) Column (2) Column (3)
Short title Provision Relevant Amendments
Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) Section 122(1)(d)Section 129(4)Section 131(5) and (6) Tax Credits Act 2002Schedule 6
 Section 132(3), (4), (5)(b) 
 Section 133(2)(c), (d) and (k) Jobseekers (Northern Ireland) Order 1995 (S.I. Schedule 2, paragraph 18(3))
 Section 171(1), (3) and (4) 
Social Security Administration (Northern Ireland ) Act 1992 (c. 8) Section 5(1)(b)Section 165(1) and (4) 
Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) Section 34(2)Section 74(1) and (3) 