Office of Public Sector Information

PART 9 Claims

Modification of Part IX and Schedule 10

25.—(1) Part IX of the Housing Benefit Regulations(13) (claims) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

(a) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

(b) as if for “benefit week”, wherever it occurs, there were substituted “rate relief week”;

(c) as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;

(d) as if in regulation 62—

(i) in paragraph (5B) for “the Department” there were substituted “the relevant authority”;

(ii) in paragraph (5C) “or the Department” were omitted;

(iii) in paragraph (5D) “or the Department, as the case may be,” were omitted;

(iv) in paragraph (11) for “award benefit” there were substituted “award rate relief”;

(e) as if in regulation 62A after “Schedule 10” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 25”;

(f) as if in regulation 63—

(i) in paragraph (1) after “Schedule A1 (treatment of claims for housing benefit by refugees)” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

(ii) in paragraph 3(a) and (b) after “regulation 65” there were inserted “ of the Housing Benefit (State Pension Credit) Regulations as applied with modification for the purposes of these Regulations by regulation 25”;

(iii) in paragraph (4)(a)(i) and (b) after “Housing Benefit Regulations” and “those Regulations” there were inserted “as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 19 of those Regulations”;

(iv) in paragraph (4)(c) after “or (c)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

(g) as if—

(i) in regulation 64(1) after “or (5B)”;

(ii) in regulation 65(1)(a) after “regulation 62”;

(iii) in regulation 65A after “regulation 65”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 25;”;

(h) as if in regulation 65(5)(c)—

(i) in head (i) after “regulation 22”;

(ii) in head (ii) after “regulation 25(4)(e)”,

there were inserted “ of the Housing Benefit (State Pension Credit) Regulations as applied with modification for the purposes of these Regulations by regulation 19”;

(i) as if in regulation 65A after “Schedule 10” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 25”.

(2) Schedule 10 to the Housing Benefit (State Pension Credit) Regulations(14) (electronic communication) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modification as if in paragraph 2(1) for “housing benefit” there were substituted “rate relief”.

Making a claim for rate relief

26.  Subject to regulation 25(2), every claim for rate relief shall be made in writing on a form approved by the Department for the purpose of rate relief, or in such other manner, being in writing, as the Department may accept as sufficient in the circumstances of any particular case.

Claims in advance for rate relief

27.  Where a claim is received by a relevant authority prior to 1st April 2007 it shall be treated as having been made on 1st April 2007.

Entitlement dependent on claim

28.  Entitlement to a payment of rate relief shall be dependent upon a claim for rate relief being made in accordance with the provisions of these Regulations.

PART 10 Decisions on questions

Modification of Part X and Schedule 9

29.—(1) Part X of the Housing Benefit (State Pension Credit) Regulations (decisions on questions) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

(a) as if in regulation 66—

(i) in—

(aa) paragraph (2) after “and 63”;

(bb) in paragraph (3)(b) after “and (10)”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 25”;

(ii) in paragraph (3)(a) after “Housing Benefit Regulations” and “those Regulations” there were inserted “as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 22 of those Regulations”;

(b) as if in regulation 67(1) after “Schedule 9” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 29”.

(2) Schedule 9 to the Housing Benefit (State Pension Credit) Regulations (matters to be included in decision notice) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

(a) as if for “housing benefit” and “rate rebate”, wherever they occur, there were substituted “rate relief”;

(b) as if after “Decisions and Appeal Regulations”, wherever it occurs, there were inserted “as applied with modifications for the purposes of these Regulations by regulation 42”;

(c) as if—

(i) in paragraph 1 after “regulation 67”;

(ii) in paragraph 2 after “regulation 67(2)”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 29”;

(d) as if in paragraph 7 “II,” were omitted;

(e) as if in paragraph 9—

(i) in sub-paragraph (1)—

(aa) heads (b), (c) and (f) were omitted;

(bb) in head (d) “after regulation 53” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

(cc) in head (e) for “rent allowance, or rent rebate or rate rebate, as the case may be,” there were substituted “rate relief”;

(dd) in head (g) for “an allowance or rebate” there were substituted “rate relief”;

(ee) in head (h) after “regulation 65” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 25”;

(ii) in sub-paragraph (2)—

(aa) in head (c) for “Department” there were substituted “Department for Social Development”;

(bb) in head (d) after “regulation 25” and in sub-paragraph (e) after “regulation 25(7)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

(f) as if—

(i) in paragraph 11 after “regulation 73 or 74”;

(ii) in paragraph 12 after “regulation 73”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 30”;

(g) as if in paragraph 13 after “regulation 22” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

(h) if in paragraph 14(1)(a)—

(i) for the words from “either” to “regulation 54,” there were substituted “on grounds of income”;

(ii) for sub-head (i) there were substituted—

“(i) the matters set out in paragraph 9(a) and (d);”;

(iii) sub-head (iii) were omitted;

(i) as if in paragraph 15—

(i) in sub-paragraph (1) after “regulation 78” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 32”;

(ii) in sub-paragraph (1)(e) for “benefit weeks” there were substituted “rate relief weeks”;

(iii) in sub-paragraph (1)(f) for the words from “a rent allowance” to “case may be,” there were substituted “rate relief”;

(iv) in sub-paragraph (2)(c) for “rent allowance” there were substituted “rate relief”.