Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2016 and come into operation on 20th June 2016.

(2) The Interpretation Act (Northern Ireland) 1954(6) 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(7) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 7(2)(8) (decisions superseding earlier decisions)-

(a)in sub-paragraph (h) for "or (l)" substitute ", (l) or (n)";

(b)after sub-paragraph (m) add-

"(n)which is affected by the award of personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015(9) where-

(i)the claimant, the claimant's partner or a member of the claimant's family ("P") was entitled to disability living allowance under section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; and

(ii)subsequent to the first day of the period to which the claimant's entitlement to housing benefit relates, P becomes entitled to personal independence payment as a transfer claimant (within the meaning of regulation 2(1) of the Personal Independence Payment (Transitional Provisions) Regulations (Northern Ireland) 2016(10).".

(3) In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (14A)(11) add-

"(14B) A superseding decision made in consequence of regulation 7(2)(n) shall take effect-

(a)on 1st April in a case where-

(i)the claimant's weekly amount of eligible rent falls to be calculated in accordance with regulation 78(2)(b) or (c) of the Housing Benefit Regulations or, as the case may be, regulation 59(2)(b) or (c) of the Housing Benefit (State Pension Credit) Regulations(12); and

(ii)the decision to award personal independence payment takes effect in the same benefit week as the 1st April;

(b)on the first Monday in April in a case where-

(i)the claimant's weekly amount of eligible rent falls to be calculated in accordance with regulation78(2)(a) of the Housing Benefit Regulations or, as the case may be, regulation 59(2)(a) of the Housing Benefit (State Pension Credit) Regulations; and

(ii)the decision to award personal independence payment takes effect in the same benefit week as the first Monday in April;

(c)in any other case, on the day after the last day of entitlement to disability living allowance.".

Amendment of the Housing Benefit Regulations

3.-(1) The Housing Benefit Regulations (Northern Ireland) 2006(13) are amended in accordance with paragraphs (2) and (3).

(2) In the following provisions for "social security contributions" substitute "national insurance contributions"-

(a)regulation 31(c) (disregard of changes in tax, contributions etc);

(b)in regulation 35 (calculation of net profit of self-employed earners)-

(i)paragraph (1)(b)(i);

(ii)paragraph (3)(b)(ii);

(iii)paragraph (9)(a)(ii);

(c)regulation 36(2) (deduction of tax and contributions of self-employed earners).

(3) In regulation 83(1) (amendment and withdrawal of claim) for "determination" substitute "decision".

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(14) are amended in accordance with paragraphs (2) and (3).

(2) In the following provisions for "social security contributions" substitute "national insurance contributions"-

(a)regulation 32(c) (disregard of changes in tax, contributions etc);

(b)in regulation 37 (calculation of net profit of self-employed earners)-

(i)paragraph (1)(b)(i);

(ii)paragraph (2)(b)(ii);

(iii)paragraph (8)(a)(ii);

(c)regulation 38(2) (deduction of tax and contributions of self-employed earners).

(3) In regulation 64(1) (amendment and withdrawal of claim) for "determination" substitute "decision".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001, the Housing Benefit Regulations (Northern Ireland) 2006 ("the Housing Benefit Regulations") and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006.

Regulation 2 amends the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 to allow for a supersession of a housing benefit award when a claimant who was receiving disability living allowance transfers onto personal independence payment. The effective date of such a change will be the first day after entitlement to disability living allowance ends except where the change occurs in same weeks as the 1st April or the first full week in April. In those cases the change will align with other changes to housing benefit and take effect on 1st April or the first Monday of April, respectively, depending on the frequency of the claimant's rental liability.

Regulation 3 amends the Housing Benefit Regulations to update references to the "social security contributions" of self-employed earners to "national insurance contributions" it also corrects a reference to "determination" so that it refers to a "decision".

Regulation 4 makes similar amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.