Amendment of the Rate Relief Regulations (Northern Ireland) 2017

3.—(1) The Rate Relief Regulations (Northern Ireland) 2017(1) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (Interpretation) within the definition of “maximum amount”, in regulation 10(6)(a)(ii) (entitlement) and in regulation 13(1)(d)(ii) (Revisions) substitute “schedule 2” with “schedules 2 and 3”.

(3) In regulation 10—

(a)in paragraph (2A) after “6(2A)” insert “or 47(1)(a)” and after 6(2) insert “or 47(1)(b) respectively”;

(b)omit paragraph (2B);

(c)in paragraph (6)(c) substitute “and 7 of the Universal Credit (Transitional Provisions)” with “, 7 and 61C of the Universal Credit (Transitional Provisions) Regulations”;

(d)in paragraph (7)(a) substitute “regulation 6B” with “regulation 6B and 61B”.

(4) For regulation 38 substitute—

“38.—(1) Subject to the provisions of paragraphs (2), (3) and (4) where a person entitled to low income rate relief makes a claim for Universal Credit, whether or not subsequently withdrawn, entitlement to low income rate relief will terminate—

(a)on the day before the first date on which the claimant is entitled to universal credit in connection with the claim; or

(b)if the claimant is not entitled to universal credit, on the day before the first date on which they would have been so entitled, if all the basic and financial conditions applicable to the claimant had been met.

(2) Subject to the provisions of paragraphs (3) and (4) where a migration notice is issued in accordance with regulation 45 of the Universal Credit (Transitional Provisions) Regulations to a person entitled to low income rate relief, entitlement to low income rate relief will terminate—

(a)on migration day if a claim for universal credit is made; or

(b)where no claim for universal credit is made, on the day before deadline day.

(3) Paragraphs (1)(b) and (2)(b) shall not apply to claimants who are over the upper age limit for universal credit as provided in Article 9(1)(b) of the Welfare Reform Order unless regulation 3(1)(a) of the Universal Credit Regulations apply (they are a member of a couple and one member is under the qualifying age for state pension credit).

(4) Paragraphs (1) and (2) shall not preclude the claimant from low income rate relief in respect of a hereditament for specified accommodation or temporary accommodation where housing benefit is not precluded for that hereditament by virtue of regulation 3(2)(a) of the Universal Credit (Transitional Provisions).

(5) No person shall be eligible to make a claim to low income rate relief on any date on which that person is eligible to claim universal credit except where—

(a)a person over the upper age limit for universal credit as provided in Article 9(1)(b) of the Welfare Reform Order who is issued with a migration notice does not claim universal credit; or

(b)the hereditament in relation to the claim falls within regulation 3(2)(a) of the Universal Credit (Transitional Provisions) Regulations (housing benefit in respect of specified accommodation and temporary accommodation).

(6) For the purposes of this regulation—

“deadline day” has the meaning as prescribed by regulation 45 of the Universal Credit (Transitional Provisions) Regulations;

“migration day” has the meaning as prescribed in regulation 50 of the Universal Credit (Transitional Provisions) Regulations.”