The Housing Benefit (Executive Determinations and Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2013 housing benefit age

Proposals in respect of these regulations were not referred to the social security advisory committee since it appeared to the department for social development that by reason of the urgency of the matter it was expedient not to do so( 3). Citation, commencement and interpretation

1.—(1) these regulations may be cited as the housing benefit (executive determinations and local housing allowance) (amendment) regulations (northern ireland) 2013 and shall come into operation on 13th january 2014.

(ii) the maximum local housing allowance for that category of dwelling listed in column (2) of the table in sub-paragraph (9) where that is lower than or equal to the rate last determined increased by 4 per cent;

(ii) the rate last determined for that category of dwelling increased by 1 per cent.

Where that is lower than or equal to the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8).Housing benefit age

(b) the rate last determined for that category of dwelling increased by 1 per cent. Where that is lower than or equal to the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8).

(iii) the uncontrolled tenancy permits the tenant to use exclusively or share the use of, as the case may be, the same number and type of rooms as the category of dwelling in relation to which the list is being compiled;

(e) exclude the amount of any rent which, in the executive’s opinion, is fairly attributable to the provision of services performed for, or facilities (including the use of furniture) provided for, or rights made available to, the tenant which are ineligible to be met by housing benefit.

(6) sub-paragraph (7) applies where the executive is not satisfied that the list of rents in respect of any category of dwelling would contain sufficient rents, payable in the 12 month period ending on the 30th day of the september preceding the date of the determination for dwellings in the broad rental market area, to enable a local housing allowance to be determined which is representative of the rents that a landlord might reasonably be expected to obtain in that area.Housing benefit age

(10) where the local housing allowance would otherwise not be a whole number of pence, it must be rounded to the nearest whole penny by disregarding any amount less than half a penny and treating any amount of half a penny or more as a whole penny. ”.

The amendments provide that the rate will be determined differently depending on the category of dwelling for which the rate is being determined and the broad rental market area in which the dwelling is situated.

The amendments insert a table into the schedule. If the broad rental market area is listed in column 1 of that table then the LHA rate will depend on whether a category of dwelling is listed in column 2 of the table in relation to that broad rental market area.

For all broad rental market areas not listed in column 1 of the table, the LHA rate will be the lower of the rent at the 30th percentile of listed rents or the previous LHA rate increased by 1 per cent.Housing benefit age

They also provide that the determinations made by the executive will be based on the list of market rents payable in the 12 month period ending on the 30th day of the september preceding the date of the determination and make consequential amendments and revocations.