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PART 3 Payments in respect of a hereditament

Modification of Part III

14.  Part III of the Housing Benefit Regulations (payments in respect of a dwelling) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

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

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

(c) as if for “benefit week” and “benefit weeks”, wherever they occur, there were substituted “rate relief week” and “rate relief weeks” respectively;

(d) as if in regulation 11 (eligible housing costs)—

(i) in paragraph (1)—

(aa) for “regulations 12(1) and 13(1)” there were substituted “regulation 12(1) of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 14”;

(bb) for “Part VIII” to the end of paragraph (1) there were substituted “Part VIII of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 22 by reference to the amount of his eligible rates determined in accordance with regulation 12(3) of the Housing Benefit Regulations as applied with modifications by regulation 14.”;

(ii) paragraph (3) were omitted;

(e) as if in regulation 12 (rates)—

(i) in paragraph (1) “in the form of a rate rebate” were omitted;

(ii) in paragraph (2) after “regulation 13(1)” there were inserted “of the Housing Benefit Regulations”;

(iii) in paragraph (6) after “regulation 53(1)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

(f) as if regulations 13 to 16 and Schedules 1 to 3 were omitted.

PART 4 Membership of a family

Modification of the Act

15.  Sections 133(1) and 138 of the Act shall apply for the purposes of these Regulations as they apply for the purposes of the Housing Benefit Regulations with the following modifications—

(a) as if in section 133(1) the following definitions were omitted—

(i) “dwelling”;

(ii) “income-based jobseeker’s allowance”;

(iii) “industrial injuries regulations”;

(iv) “war pension scheme”;

(b) as if in section 138 for “the Department” there were substituted “the Department of Finance and Personnel”.

Modification of Part IV

16.  Part IV of the Housing Benefit Regulations (membership of a family) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

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

(b) as if in regulation 17(1) and (3) after “section 133(1) of the Act” and “section 138 of the Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 15”;

(c) as if in regulation 17(1) and (3) “as it applies to housing benefit” were omitted;

(d) as if in regulation 17(3) for “that Act” there were substituted “the Act”;

(e) as if in regulation 18(1) after “regulation 17(3)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 16”;

(f) as if in regulation 19(1) after “regulation 18” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 16”.

PART 5 Applicable amounts

Modification of Part V and Schedule 4

17.—(1) Part V of the Housing Benefit Regulations (applicable amounts) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

(a) as if in regulation 20 after “Schedule A1” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulations 11, 17 and 24”;

(b) as if in regulations 20 and 21 after “Schedule 4”, wherever it occurs, there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

(c) as if in regulation 21 after “Schedule A1” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulations 11 and 24”.

(2) Schedule 4 to the Housing Benefit Regulations (applicable amounts) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit 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” and “benefit weeks”, wherever they occur, there were substituted “rate relief week” and “rate relief weeks” respectively;

(c) as if after “this Part”, wherever it occurs, there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

(d) as if in Part I—

(i) in paragraph 1 after “and (b)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

(ii) in paragraph 2(1) after “and 21(c)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

(e) as if in Part II in paragraph 3—

(i) in sub-paragraph (1) after “and 21(d)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

(ii) in sub-paragraphs (3)(b) and (5) after “79(1)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 24”;

(f) as if in Part III—

(i) in paragraph 4 after “and 21(e)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

(ii) in paragraph 11(3) (higher pensioner premium) for “that benefit”, in both places where it occurs, there were substituted “rate relief”;

(iii) in paragraph 15(2)(a) and (b) after “25(11)(e)” there were added “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”.