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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend various sets of Regulations in connection with the introduction of local housing allowance arrangements in housing benefit from 7th April 2008.

Regulation 1 provides for the citation, commencement and interpretation of the Regulations. The amendments in these Regulations will have effect in relation to any case at the same time as amendments made by the Housing Benefit (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 or the Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (collectively, “the LHA Regulations”).

Regulation 2 amends the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 to update a cross reference so as to take account of an amendment made by the LHA Regulations.

Regulation 3 amends the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001. Regulation 3(3) inserts a new regulation 7A which requires the Northern Ireland Housing Executive (“the Executive”) to make a decision when it is required to determine a maximum rent (LHA), or where 52 weeks have elapsed since the previous decision under regulation 15 of the Housing Benefit Regulations (Northern Ireland) 2006 or the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006. This is to ensure that a claimant’s eligible rent is updated annually using a new local housing allowance rate or an Executive decision under that regulation 15. The new regulation also requires the Executive to make a decision where a change of circumstances which does not need to be notified by the claimant occurs. Regulation 3(2) and (4) makes amendments relating to the insertion of the new regulation 7A. Regulation 3(5) amends the Schedule to make it clear that no appeal lies against any part of a decision which is based on a broad rental market area determination or local housing allowance determination made by the Executive under the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008, or a decision made by virtue of, or as a consequence of, a substantial part of the rent under the tenancy being fairly attributable to board and attendance.

Regulation 4 amends the Discretionary Financial Assistance Regulations (Northern Ireland) 2001. Regulation 4(2) ensures that discretionary housing payments are available in local housing allowance cases. Regulation 4(3) updates cross references so as to take account of amendments made by the LHA Regulations and makes a minor drafting amendment.

Regulation 5 amends the Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004 to replace definitions of “rates or rent” with definitions which take account of amendments by the LHA Regulations.

Regulation 6 amends the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 to make minor amendments to the transitional and savings provisions set out in Schedule 3 so as to take account of amendments made by the LHA Regulations.

Regulation 7 makes consequential revocations.

Section 129A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, and paragraph 4(3A) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, some of the enabling provisions under which these Regulations are made, were respectively inserted by section 30(2) and (3) of the Welfare Reform Act (Northern Ireland) 2007 (“the Welfare Reform Act”). Section 30(2) and (3) 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) and (3) 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 (c. 8), from prior reference to the Social Security Advisory Committee.