[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Housing Benefit (State Pension Credit and Miscellaneous Amendments) Regulations (Northern Ireland) 2004 No. 46 URL: http://www.bailii.org/nie/legis/num_reg/2004/20040046.html

[New search] [Help]

    " (8) In the case of a claimant who has, or whose partner has, an award of state pension credit comprising only the savings credit, where a relevant authority treats the claimant as possessing any benefit (other than housing benefit) at the altered rate in accordance with paragraph (7), that authority shall -


(a) determine the income and capital of that claimant in accordance with regulation 23(1) (calculation of claimant's income and capital in savings credit only cases), where the calculation or estimate of that income and capital is altered with effect from a date on or after 1st April in any year but not more than 14 days thereafter, and

(b) treat that claimant as possessing such income and capital as the altered rate by reference to the period referred to in paragraph (7)(a) or (b) as the case may be.".

Amendment of the Housing Benefit (General) Regulations
     3.  - (1) The Housing Benefit (General) Regulations (Northern Ireland) 1987[8] shall be amended in accordance with the following paragraph.

    (2) In regulation 68B (date on which change of circumstances is to take effect)[9] after paragraph (7) there shall be inserted the following paragraph -

    " (7A) Where the change of circumstances is an amendment of these Regulations as they apply to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 (housing benefit regulations), that change, subject to regulation 69(7) (calculation of weekly amounts), shall take effect as follows -


(a) where the amendment is made by an order under section 132 of the Administration Act (annual up-rating of benefits)[10] -


(i) in a case in which the claimant's weekly amount of eligible rent falls to be calculated in accordance with regulation 69(2)(b), from 1st April;

(ii) in any other case, from the first Monday in April,



in the year in which that order comes into operation;

(b) in respect of any other amendment from the date on which the amendment of these Regulations comes into operation in the particular case,



and references in this paragraph to these Regulations are to these Regulations as modified in their application to those persons.".

Sealed with the Official Seal of the Department for Social Development on


12th February 2004.

L.S.

John O'Neill
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


13th February 2004.

L.S.

Ciaran Doran
Senior Officer of the Department of Finance and Personnel

[2] See Article 8(b) of S.R. 1999 No. 481back

[3] 2000 c. 4 (N.I.)back

[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

[6] 1954 c. 33 (N.I.)back

[7] S.R. 2003 No. 197back

[8] S.R. 1987 No. 461back

[9] Regulation 68B was inserted by regulation 13(4) of S.R. 2003 No. 197 and amended by regulation 2(9)(b) of S.R. 2003 No. 418back

[10] 1992 c. 8back

  © Crown copyright 2004