
2007 No. 266
Housing; Rates
The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2007
Made 1st May 2007
Coming into operation in accordance with regulation 1

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(d), 129(2) and (4) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, and now vested in it, and paragraphs 3(1), 4(3) and (5) and 20(1)(b) and (3) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000.
The Regulations are made with the consent of the Department of Finance and Personnel.

The Social Security Advisory Committee has agreed that proposals in respect of regulations 2, 3(2), (5) and (6), 4(2) and (5) to (7) and 5 should not be referred to it.
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 and, subject to paragraph (2), shall come into operation on 1st June 2007.
(2) Regulations 3(3) and (4) and 4(3) and (4) shall come into operation on 1st October 2007.
(3) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Housing Benefit (Decisions and Appeals) Regulations
2 

(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 5(3)(b) (late application for a revision) for “regulation 4(4)” substitute “regulation 4(3)”.
(3) In regulation 8 (date from which a decision superseding an earlier decision takes effect)—
(a) in paragraph (6A)(a)—
(i) in head (i)—(aa) after “benefit week” insert “in which the day”;(bb) omit “has elapsed”; and(cc) after “last decision” add “occurs”, and
(ii) in head (ii) omit “has elapsed”; and
(b) paragraph (11), as added by regulation 4(5) of the Housing Benefit (State Pension Credit and Miscellaneous Amendments) Regulations (Northern Ireland) 2003, is renumbered paragraph (12).
Amendment of the Housing Benefit Regulations
3 

(1) The Housing Benefit Regulations (Northern Ireland) 2006 shall be amended in accordance with paragraphs (2) to (6).
(2) In regulation 9(1)(h) (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) after “the liability” insert “in respect of rent”.
(3) In regulation 13(2) (rent)—
(a) at the end of sub-paragraph (b) omit “and”; and
(b) after sub-paragraph (c) add—“and
(d) payments by a person in respect of a dwelling where his partner is an owner of that dwelling.”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In Schedule 2 (decisions of rent payable) in paragraph 15 in the definition of “uncontrolled tenancy” for “protected or statutory tenancy within the meaning of the Rent (Northern Ireland) Order 1978” substitute “controlled tenancy within the meaning of Article 40(4) of the Private Tenancies (Northern Ireland) Order 2006”.
(6) In Schedule 3 (excluded tenancies) in paragraph 4 for “protected or statutory tenancy within the meaning of the Rent (Northern Ireland) Order 1978” substitute “controlled tenancy within the meaning of Article 40(4) of the Private Tenancies (Northern Ireland) Order 2006”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
4 

(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 shall be amended in accordance with paragraphs (2) to (7).
(2) In regulation 9(1)(h) (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) after “the liability” insert “in respect of rent”.
(3) In regulation 13(2) (rent)—
(a) at the end of sub-paragraph (b) omit “and”; and
(b) after sub-paragraph (c) add—“and
(d) payments by a person in respect of a dwelling where his partner is an owner of that dwelling.”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In Schedule 2 (decisions of rent payable) in paragraph 15 in the definition of “uncontrolled tenancy” for “protected or statutory tenancy within the meaning of the Rent (Northern Ireland) Order 1978” substitute “controlled tenancy within the meaning of Article 40(4) of the Private Tenancies (Northern Ireland) Order 2006”.
(6) In Schedule 3 (excluded tenancies) in paragraph 4 for “protected or statutory tenancy within the meaning of the Rent (Northern Ireland) Order 1978” substitute “controlled tenancy within the meaning of Article 40(4) of the Private Tenancies (Northern Ireland) Order 2006”.
(7) In Schedule 9 (matters to be included in decision notice) in paragraph 14 omit “—(1)”.
Revocations
5 
In the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 regulations 7(2A) (decisions superseding earlier decisions) and 8(11), as inserted by regulation 22(2) of the Housing Benefit (State Pension Credit) (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2003, are revoked.
Sealed with the Official Seal of the Department for Social Development on 1st May 2007
(L.S.)John O’Neill
A senior officer of the Department for Social Development
The Department of Finance and Personnel consents to the Regulations.Sealed with the Official Seal of the Department of Finance and Personnel on 1st May 2007
(L.S.)Adrian Arbuthnot
A senior officer of the Department of Finance and Personnel
