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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2007 No. 204

RATES

The Rate Relief (General) Regulations (Northern Ireland) 2007

  Made 23rd March 2007 
  Coming into operation 1st April 2007 


CONTENTS


PART 1

General
1. Citation and commencement
2. Interpretation
3. Modification of regulations 3 to 6

Arrangements for rate relief
4. Rate relief scheme
5. Arrangements for rate relief

PART 2

Provisions affecting entitlement to rate relief
7. Entitlement to rate relief

Exclusions from rate relief
9. Exclusions from rate relief
11. Modification of Part II and Schedule A1
12. Modification of the Immigration and Asylum Act
13. Modification of the Social Security (Immigration and Asylum) Consequential Amendments Regulations

PART 3

Payments in respect of a hereditament
14. Modification of Part III

PART 4

Membership of a family
15. Modification of the Act
16. Modification of Part IV

PART 5

Applicable amounts
17. Modification of Part V and Schedule 4

PART 6

Income and capital
18. Modification of the Act
19. Modification of Part VI and Schedules 5, 6 and 7
20. Notional entitlement to housing benefit

PART 7

Students
21. Modification of Part VII

PART 8

Amount of rate relief
22. Modification of Part VIII and Schedules 8 and 9

PART 9

Calculation of weekly amounts and changes of circumstances
23. Calculation of weekly amount of rate relief
24. Modification of Part IX
25. Date on which entitlement is to commence

PART 10

Claims
26. Modification of Part X and Schedule 11
27. Making a claim for rate relief
28. Claims in advance for rate relief
29. Entitlement dependent on claim

PART 11

Decisions on questions
30. Modification of Part XI and Schedule 10

PART 12

Payments
31. Modification of Part XII

PART 13

Overpayments
32. Application of section 73 of the Administration Act
33. Modification of Part XIII
34. Destination of repayments, etc.

PART 14

Supply of Information
35. Supply of information
36. Sharing of information
37. Supply of government information for fraud prevention and verification
38. Supply of information to the Executive
39. Supply of information by the Executive
40. Unauthorised disclosure of information relating to particular persons

PART 15

Decisions, Revisions and Appeals
41. Modification of the 2000 Act
42. Modification of the Decisions and Appeals Regulations 1999
43. Modification of the Decisions and Appeals Regulations
44. Modification of the Commissioner Procedures Regulations

PART 16

Enforcement
45. Authorisations for investigators
46. Provision of information
47. Authorisations by Housing Executive
48. Delay, obstruction etc. of inspector
49. False representations for obtaining relief
50. Breach of regulations
51. Penalty as alternative to prosecution
52. Notice
53. Legal proceedings
54. Interpretation of enforcement provisions

PART 17

Rate Relief Finance
55. Rate relief finance
56. Claims for finance etc.
57. Persons to report on administration
58. Powers of investigation
59. Reports

Directions by Department
60. Directions
61. Information about attainment of standards
62. Enforcement notices
63. Enforcement determination
64. Enforcement determination: Supplementary
65. Role of NIAO auditors in relation to rate relief

PART 18

Payment of travelling expenses by Department
66. Payment of travelling expenses by Department

The Department of Finance and Personnel[
1] makes the following Regulations in exercise of the powers conferred by Article 30A of the Rates (Northern Ireland) Order 1977[2].



PART 1

General

Citation and commencement
     1. —(1) These Regulations may be cited as the Rate Relief (General) Regulations (Northern Ireland) 2007 and shall come into operation on 1st April 2007.

    (2) These Regulations are to be read, in a case where a person if he, or if he has a partner, his partner, has attained the qualifying age for state pension credit, with the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007[
3].

Interpretation
     2. —(1) Regulation 2(1) of the Housing Benefit Regulations (interpretation) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

    (2) In these Regulations—

    (3) References in these Regulations to a person to whom the Housing Benefit Regulations apply, shall, unless the context otherwise requires, include a reference to a person to whom those Regulations would apply were a claim for housing benefit to be made by that person.

    (4) Regulation 2(2) to (7) of the Housing Benefit Regulations (references to a person who is liable to make payments, interpretation) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

Modification of regulations 3 to 6
     3. Regulations 3 to 6 of the Housing Benefit Regulations shall apply for the purposes of these Regulations as they apply for the purposes of the Housing Benefit Regulations with the following modifications—



Arrangements for rate relief

Rate relief scheme
    
4. —(1) The relevant authorities shall take such steps as appear to them appropriate for the purpose of securing that persons who may be entitled to rate relief become aware that they may be entitled to it.

    (2) The relevant authorities shall make copies of the rate relief scheme available, without payment, for public inspection at their offices at all reasonable hours.

Arrangements for rate relief
    
5. —(1) Rate relief shall be granted in accordance with paragraph (2).

    (2) The relevant authority, as it considers appropriate in the circumstances, may discharge entitlement to rate relief by means of any, or any combination, of the following—

and "pay", in relation to rate relief, includes discharge in any of those forms.

    
6. —(1) Rate relief shall be administered by—

    (2) In this regulation—



PART 2

Provisions affecting entitlement to rate relief

Entitlement to rate relief
     7. A person is entitled to rate relief if—

     8. Where a person is entitled to rate relief, then—



Exclusions from rate relief

Exclusions from rate relief
    
9. Where one member of a family is entitled to rate relief that entitlement excludes any other member being entitled to that relief for the same period.

    
10. A person shall not be entitled to rate relief where he is a person who is not chargeable to rates in respect of a hereditament.

Modification of Part II and Schedule A1
    
11. —(1) Part II of the Housing Benefit Regulations (provisions affecting entitlement to housing benefit) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

    (2) Schedule A1 to the Housing Benefit Regulations shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

Modification of the Immigration and Asylum Act
    
12. Section 115 of the Immigration and Asylum Act (exclusion from benefits) shall apply for the purposes of these Regulations as it applies to the Housing Benefit Regulations with the following modifications—

Modification of the Social Security (Immigration and Asylum) Consequential Amendments Regulations
    
13. Regulation 2 of and Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000[9] shall apply for the purposes of these Regulations as they apply for the purposes of the Housing Benefit Regulations with the following modifications—



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—



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—

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—



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—

    (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—



PART 6

Income and capital

Modification of the Act
    
18. Section 132(1) of the Act shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modification as if for "an income-related benefit" there were substituted "rate relief".

Modification of Part VI and Schedules 5, 6 and 7
    
19. —(1) Part VI of the Housing Benefit Regulations (income and capital) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

    (2) Schedule 5 to the Housing Benefit Regulations (sums to be disregarded in the calculation of earnings) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

    (3) Schedule 6 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

    (4) Schedule 7 to the Housing Benefit Regulations (capital to be disregarded) shall apply for the purposes of these Regulations as they apply for the purposes of the Housing Benefit Regulations with the following modifications—

Notional entitlement to housing benefit
    
20. Where a person has not made a claim for housing benefit, the relevant authority shall assess what the amount of his entitlement to housing benefit in the form of a rate rebate ("notional amount") would be were he to make such a claim and an amount equivalent to that notional amount shall be taken into account in full as housing benefit when assessing entitlement to rate relief in accordance with regulation 23 (calculation of weekly amount of rate relief).



PART 7

Students

Modification of Part VII
    
21. Subject to regulation 9 (exclusions from rate relief), Part VII of the Housing Benefit Regulations (students) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—



PART 8

Amount of rate relief

Modification of Part VIII and Schedules 8 and 9
    
22. —(1) Part VIII of the Housing Benefit Regulations (amount of benefit) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

    (2) Schedule 8 to the Housing Benefit Regulations (extended payments of housing benefit) shall apply for the purposes of these Regulations as they apply for the purposes of the Housing Benefit Regulations with the following modifications—

    (3) Schedule 9 to the Housing Benefit Regulations (extended payments (severe disablement allowance and incapacity benefit) of housing benefit) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—



PART 9

Calculation of weekly amounts and changes of circumstances

Calculation of weekly amount of rate relief
    
23. —(1) For the purposes of Article 30A of the principal Order the amount of a person's rate relief in any rate relief week shall be calculated by applying the formula ("the rate relief formula")—

(ME) − HB = RR
where—

    (2) In this regulation—

    (3) Where the result of the rate relief formula is zero or a negative amount there shall be no entitlement to a payment of rate relief.

Modification of Part IX
    
24. Part IX of the Housing Benefit Regulations (calculation of weekly amounts and changes of circumstances) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

Date on which entitlement is to commence
    
25. A person who makes a claim within one month of his receipt of a decision on his claim to housing benefit and he is entitled to rate relief he shall be entitled to that rate relief from the rate relief week corresponding to the benefit week from which he is entitled to housing benefit.



PART 10

Claims

Modification of Part X and Schedule 11
    
26. —(1) Part X of the Housing Benefit Regulations[10] (claims) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

    (2) Schedule 11 to the Housing Benefit Regulations[11] (electronic communication) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modification as if in paragraph 2(1) for "housing benefit" there were substituted "rate relief".

Making a claim for rate relief
     27. Subject to regulation 26(2), every claim for rate relief shall be made in writing on a form approved by the Department for the purpose of rate relief, or in such other manner, being in writing, as the Department may accept as sufficient in the circumstances of any particular case.

Claims in advance for rate relief
    
28. Where a claim is received by a relevant authority prior to 1st April 2007 it shall be treated as having been made on 1st April 2007.

Entitlement dependent on claim
    
29. Entitlement to a payment of rate relief shall be dependent upon a claim for rate relief being made in accordance with the provisions of these Regulations.



PART 11

Decisions on questions

Modification of Part XI and Schedule 10
    
30. —(1) Part XI of the Housing Benefit Regulations (decisions on questions) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

    (2) Schedule 10 to the Housing Benefit Regulations (matters to be included in decision notice) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—



PART 12

Payments

Modification of Part XII
    
31. Part XII of the Housing Benefit Regulations (payments) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the modifications set out in the following paragraphs—



PART 13

Overpayments

Application of section 73 of the Administration Act
    
32. Section 73(1), (2), (3)(a) and (b) and (7) of the Administration Act shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

Modification of Part XIII
    
33. Part XIII of the Housing Benefit Regulations (overpayments) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

Destination of repayments, etc.
    
34. —(1) Any sum recovered by, received by or repaid to a relevant authority under or by virtue of any provision of these Regulations shall be paid into the Consolidated Fund of Northern Ireland.

    (2) All penalties recovered by or for a relevant authority under or by virtue of any provision of these Regulations shall be paid into the Consolidated Fund of Northern Ireland.



PART 14

Supply of Information

Supply of information
    
35. Where information or evidence relating to a rate relief claim has been received at an office of a relevant authority that is not the appropriate office that authority shall forward the information or evidence received to the appropriate office.

Sharing of information
    
36. Where information is given and evidence is gathered in relation to a claim for housing benefit that information or evidence may be used in relation to a claim for rate relief but only where the claimant has given permission, in writing, for such information or evidence to be shared.

Supply of government information for fraud prevention and verification
    
37. —(1) This regulation applies to information which is held by, or by a person providing services to, a Minister of the Crown or a Northern Ireland department or other government department and which relates to any matter relating to rate relief.

    (2) Information to which this regulation applies may be supplied to, or to a person providing services to, the Department—

    (3) Information supplied under paragraph (2) shall not be supplied by the recipient to any other person or body unless—

    (4) But where information supplied under paragraph (2) has been used (in accordance with sub-paragraph (b) of that paragraph) in amending or supplementing other information, it is lawful for it to be—

    (5) This regulation does not limit the circumstances in which information may be supplied apart from this regulation.

Supply of information to the Executive
    
38. —(1) This regulation applies to information relating to rate relief which is held—

    (2) Information to which this regulation applies may be supplied to—

for use in the administration of rate relief.

    (3) But where information to which this regulation applies has been supplied to the Department or the person providing services under regulation 37 it may only be supplied under paragraph (2)—

    (4) The Department—

    (5) Where information is supplied to the Executive or other person under paragraph (2), the Executive or other person shall have regard to it in the exercise of any function relating to rate relief.

    (6) Information supplied under paragraph (2) shall not be supplied by the recipient to any other person or body unless—

    (7) This regulation does not limit the circumstances in which information may be supplied apart from it (in particular by reason of regulation 37(4)).

    (8) In this regulation and in regulations 39 and 40—

Supply of information by the Executive
    
39. —(1) The Department may require—

to supply rate relief administration information held by the Executive or other person to, or to a person providing services to, the Department for use for any purpose relating to rate relief.

    (2) The Department may require—

to supply rate relief policy information held by the Executive or other person to, or to a person providing services to, the Department.

    (3) Information shall be supplied under paragraph (1) or (2) in such manner and form, and in accordance with such requirements, as may be specified in directions given by the Department.

    (4) In paragraph (1) "rate relief administration information", in relation to the Executive or other person, means any information which is relevant to the exercise of any function relating to rate relief by the Executive or other person.

    (5) In paragraph (2) "rate relief policy information" means any information which may be relevant to the Department—

Unauthorised disclosure of information relating to particular persons
    
40. —(1) A person who is or has been employed in rate relief administration or adjudication is guilty of an offence if he discloses without lawful authority any information which he acquired in the course of his employment and which relates to a particular person.

    (2) A person who is or has been employed in the audit of expenditure or the investigation of complaints is guilty of an offence if he discloses without lawful authority any information—

    (3) It is not an offence under this regulation—

    (4) It is a defence for a person charged with an offence under this regulation to prove that at the time of the alleged offence—

    (5) A person guilty of an offence under this regulation shall be liable—

    (6) For the purposes of this regulation, the persons who are "employed in rate relief administration or adjudication" are—

and "employment", in relation to any such person, shall be construed accordingly.

    (7) For the purposes of this regulation, the persons who are "employed in the audit of expenditure or the investigation of complaints" are—

and "employment", in relation to any such person, shall be construed accordingly.

    (8) For the purposes of this regulation a disclosure is to be regarded as made with lawful authority if, and only if, it is made—

and in this subsection "the person responsible" means the Department, the Lord Chancellor or any person authorised by the Department or the Lord Chancellor for the purposes of this paragraph.

    (9) For the purposes of paragraph (8)(e), "the appropriate person" means the person to whom the information in question relates, except that if the affairs of that person are being dealt with—


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