Contents
1Citation, commencement and interpretation#
(1)These Regulations may be cited as the Housing Benefit (Abolition of the Family Premium and date of claim) (Amendment) Regulations (Northern Ireland) 2016 and come into operation on 5th September 2016.
(2)The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
2Amendment to the Discretionary Financial Assistance Regulations#
(1)The Discretionary Financial Assistance Regulations (Northern Ireland) 2001 are amended in accordance with paragraphs (2) to (4)—
(2)in regulation 1(2) at the appropriate place insert—“• the Housing Benefit (Abolition of the Family Premium) Regulations means the Housing Benefit (Abolition of the Family Premium and date of claim) (Amendment) Regulations (Northern Ireland) 2016;”“• registered housing association” means a housing association which is registered in a register maintained under Article 14 of the Housing (Northern Ireland) Order 1992.”
(3)in regulation 2, after paragraph (1)(b) insert—“; orc is a tenant of the Housing Executive or a registered housing association and their amount of housing benefit has been reduced by virtue of the abolition of the family premium pursuant to regulation 3 of the Housing Benefit (Abolition of the Family Premium) Regulations, and to whom the transitional provision in regulation 5 of those Regulations does not apply.”
(4)in regulation 6, for paragraph (1)(b)(i) substitute—“i a person entitled to housing benefit in a case where regulation 2(1) applies, or”
3Abolition of the family premium#
(1)The Housing Benefit Regulations (Northern Ireland) 2006 are amended as follows—
(a)in regulation 20 (applicable amounts) omit paragraph (c);
(b)in regulation 21(polygamous marriages) omit paragraph (d);
(c)in Schedule 4 (applicable amounts) omit Part II (family premium);
(d)in Schedule 5 (sums to be disregarded in the calculation of earnings) for paragraph 17(2)(b)(ii)(bb) substitute—“bb his family includes at least one child or young person;”
(e)in Schedule 6 (sums to be disregarded in the calculation of income other than earnings) in paragraph 49(1) for “Where a claimant’s applicable amount includes an amount by way of family premium,” substitute “Where a claimant’s family includes at least one child or young person,”.
(2)The Housing Benefit (Persons who have attained the age for state pension credit) Regulations (Northern Ireland) 2006 are amended as follows—
(a)in regulation 20(1) (applicable amounts) omit sub-paragraphs (c) and (d);
(b)in Schedule 4 (applicable amounts) omit Part II (family premium);
(c)in Schedule 5 (sums disregarded from claimant’s earnings) for paragraph 9(2)(b)(ii)(bb) substitute—“bb his family includes at least one child or young person;”
(d)in Schedule 6 (amounts to be disregarded in the calculation of income other than earnings) in paragraph 21(1) for “Where a claimant’s applicable amount includes an amount by way of family premium,” substitute “Where a claimant’s family includes at least one child or young person,”.
4Shortening of the date from which a claim may be treated as made#
In regulation 81(12A) (time and manner in which claims are to be made) of the Housing Benefit Regulations (Northern Ireland) 2006 in sub-paragraphs (b) and (c) for “6 months” substitute “1 month”.
5Transitional provision#
(1)Subject to paragraph (2), regulation 3 (except in so far as it relates to the amendment to regulation 20(1)(d) of the Housing Benefit (Persons who have attained the age for state pension credit) Regulations (Northern Ireland) 2006) does not apply to a person who, on the 4th September 2016, is entitled to housing benefit—
(a)if that person is a member of a family of which at least one member is a child or young person; or
(b)if that person is a partner in a polygamous marriage, where he or she, or another partner of the polygamous marriage, is responsible for a child or young person who is a member of the same household.
(2)Paragraph (1) does not apply if—
(a)the person ceases to meet the condition in sub-paragraph (a) or (b) of that paragraph ; or
(b)the person makes a new claim for housing benefit.
(3)For the purposes of this regulation “child”, “polygamous marriage” and “young person” all have the same meaning as in regulation 2(1) of the Housing Benefit Regulations (Northern Ireland) 2006.
Contains public sector information licensed under the Open Government Licence v3.0.