PART 3 Payments in respect of a hereditament

Modification of Part III

14.  Part III of the Housing Benefit (State Pension Credit) 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 (State Pension Credit) 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 for regulation 11 (eligible housing costs) there were substituted—

“11.  Rate relief shall be payable in respect of the payments specified in regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 14 and a claimant’s maximum rate relief shall be calculated under Part VII of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21 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.”;

(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 (State Pension Credit) Regulations”;

(iii) in paragraph (6) after “Housing Benefit Regulations” there were inserted “as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 21 of those Regulations”;

(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 they apply for the purposes of the Housing Benefit (State Pension Credit) 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 (State Pension Credit) Regulations (membership of a family) 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 “benefit week”, wherever it occurs, there were substituted “rate relief week”;

(b) as if in regulation 17(1) and (3)—

(i) 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”;

(ii) “as it applies to housing benefit” were omitted;

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

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

(e) 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 (State Pension Credit) Regulations (applicable amounts) 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 as if in regulation 20—

(a) after “Schedule A1” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulations 11 and 23”;

(b) after Schedule 4” and “that Schedule”, wherever they occur, there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 17”.

(2) Schedule 4 to the Housing Benefit (State Pension Credit) Regulations (applicable amounts) 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 after “this Part”, wherever it occurs, there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

(b) as if in Part I in paragraphs 1 and 2 after “regulation 20” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

(c) as if in Part I in paragraph 1(12) in Column (2) (amount) for each amount (“Column 2 amount”) there were substituted an amount equivalent to the total of each Column 2 amount increased—

(i) for a person to whom sub-paragraph (1) applies, by 10%;

(ii) for a person to whom sub-paragraph (2), (3) or (4) applies, by 15%,

and in each case where the resultant figure is not a whole penny it shall be rounded to the nearest penny and 0.5 of a penny shall be rounded up;

(d) as if—

(i) in Part II in paragraph 3(1) after “and (d)”;

(ii) in Part III in paragraph 4 after “regulation 20(1)(e)”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 17”.