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(12) In regulation 98 (person from whom recovery may be sought)—

(a) after paragraph (2) insert—

“(2A) Where an overpayment is made in a case where the Executive has determined a maximum rent (LHA) in accordance with regulation 14D, and the housing benefit payable exceeds the amount which the claimant is liable to pay his landlord by way of rent, the Executive must not recover from the landlord more than the landlord has received.”; and

(b) in paragraph (3) for “paragraph (1)” substitute “paragraphs (1) and (2A)”.

(13) In Schedule 2 (decisions of rent payable)—

(a) in paragraph 6—

(i) in sub-paragraph (1) for “means” to the end substitute “means the claim-related rent decided by the Executive in accordance with paragraph (2A).”;

(ii) omit sub-paragraph (2);

(iii) after sub-paragraph (1) insert—

“(2A) The Executive shall decide that the claim-related rent is—

(a) where it makes a decision under sub-paragraph (2) of paragraph 1, sub-paragraph (2) of paragraph 2 and sub-paragraph (3) of paragraph 3, the lowest of the 3 rents decided under those sub-paragraphs;

(b) where it makes a decision under only 2 of the sub-paragraphs referred to in head (a), the lower of the 2 rents decided under those sub-paragraphs;

(c) where it makes a decision under only one of the sub-paragraphs referred to in head (a), the rent decided under that sub-paragraph;

(d) where it does not make a decision under any of the sub-paragraphs referred to in head (a), the rent payable under the tenancy of the dwelling at the relevant time.”, and

(iv) in sub-paragraph (3) omit “Where the dwelling is not in a hostel,”; and

(b) in paragraph 7(1) for “regulation 13(3)” substitute “regulation 13A(2)”.

Revocations

3.  Regulation 7(3) and (4) of the Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007(19) and regulation 3(4) of the Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2007(20) are revoked.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit Regulations (Northern Ireland) 2006 in connection with the introduction of local housing allowance.

Local housing allowance arrangements are a way of determining housing costs eligible to be met by housing benefit for certain cases (“local housing allowance cases”) using local housing allowances determined by the Northern Ireland Housing Executive (“the Executive”) under the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008.

Regulation 1 provides for the citation, commencement and interpretation of the Regulations. The Regulations come into operation from 7th April 2008, except for cases to which regulation 1(2) applies. Those are existing cases which will continue to be dealt with under the Regulations as in operation immediately before 7th April 2008, until one of the triggers for determining the amount of rent eligible to be met by housing benefit referred to in regulation 1(3) applies, or 6th April 2009. In certain circumstances, such as a change of dwelling, an existing case will become a local housing allowance case.

Regulation 2:

• replaces regulation 13(3) to (7) with regulations 13A, which makes provision for eligible rent for cases where it is based on the claimant’s actual rent, and 13B, which makes provision for eligible rent where a maximum rent is calculated in accordance with regulation 14;

• inserts regulation 13C which makes provision for eligible rent where a maximum rent (LHA) is calculated in accordance with regulation 14D;

• replaces regulation 14, with minor amendments, with regulations 14 to 14B;

• inserts regulations 14C, which provides when a maximum rent (LHA) is to be determined, 14D, which makes provision about the way in which a maximum rent (LHA) is to be determined, 14E, which provides for the publication of local housing allowances, and 14F, which provides from when a decision revised as a result of an amended broad rental market area determination or amended local housing allowance determination is to have effect;

• amends regulations 15 and 16 to provide that those regulations do not apply to local housing allowance cases;

• amends regulation 92 to provide that, in a local housing allowance case where direct payment of an amount of housing benefit is made to the landlord, that amount must not exceed the amount the claimant is liable to pay his landlord as rent and arrears of rent;

• amends regulation 98 to provide that where a claimant’s housing benefit exceeds the amount he is liable to pay to the landlord as rent and there is an overpayment that is recoverable from the claimant’s landlord, the Executive cannot recover from the landlord more than the amount that was paid to him.

Regulation 3 makes consequential revocations.

Section 129A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, one of the enabling provisions under which these Regulations are made, was inserted by section 30(2) of the Welfare Reform Act (Northern Ireland) 2007 (“the Welfare Reform Act”). Section 30(2) was brought into operation on 10th March 2008, for the purpose only of authorising the making of regulations, and on 7th April 2008, in so far as not already in operation, by virtue of the Welfare Reform (2007 Act) (Commencement No. 3) Order (Northern Ireland) 2008 (S.R. 2008 No. 93 (C. 3)). As these Regulations are consequential upon section 30(2) of the Welfare Reform Act and are made before the end of the period of 6 months of the coming into operation of that provision they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992, from prior reference to the Social Security Advisory Committee.