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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 No. 266 URL: http://www.bailii.org/nie/legis/num_reg/2007/20070266.html |
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| Made | 1st May 2007 | ||
| Coming into operation in accordance with regulation 1 |
(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[10], is renumbered paragraph (12).
Amendment of the Housing Benefit Regulations
3.
—(1) The Housing Benefit Regulations (Northern Ireland) 2006[11] 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)—
(4) In regulation 14(15) (maximum rent)—
(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[12]".
(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[13] 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)—
(4) In regulation 14(15) (maximum rent)—
(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)[14] (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[15], 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
Regulation 4 also makes a minor drafting correction.
Regulation 5 revokes provisions which no longer have effect.
In so far as these Regulations are required, for the purposes of regulations 2, 3(2), (5) and (6), 4(2) and (5) to (7) and 5, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.
[2] See Article 8(b) of S.R. 1999 No. 481back
[4] See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481back
[5] See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)back
[7] S.R. 2001 No. 213; relevant amending Regulations are S.R. 2003 No. 418, S.R. 2004 No. 144, S.R. 2005 No. 46 and S.R. 2006 No. 407back
[8] Regulation 5(3)(b) was amended by regulation 8(3) of S.R. 2005 No. 46back
[9] Regulation 8(6A) was inserted by regulation 31(2) of S.R. 2004 No. 144 and amended by paragraph 7(5)(c) of Schedule 2 to S.R. 2006 No. 407back
[12] S.I. 2006/1459 (N.I. 10)back
[14] Regulation 7(2A) was inserted by regulation 22(1) of S.R. 2003 No. 294; that regulation 22 was revoked by regulation 30 of S.R. 2004 No. 144back
[15] S.R. 2003 No. 294, which was revoked by S.R. 2006 No. 407back