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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Housing Benefit Regulations (Northern Ireland) 2006 No. 405 URL: http://www.bailii.org/nie/legis/num_reg/2006/20060405.html |
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Made | 12th October 2006 | ||
Coming into operation | 20th November 2006 |
1. | Citation and commencement |
2. | Interpretation |
3. | Definition of non-dependant |
4. | Cases in which section 1(1A) of the Administration Act is disapplied |
5. | Persons who have attained the qualifying age for state pension credit |
6. | Remunerative work |
7. | Circumstances in which a person is or is not to be treated as occupying a dwelling as his home |
8. | Circumstances in which a person is to be treated as liable to make payments in respect of a dwelling |
9. | Circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling |
10. | Persons from abroad |
11. | Eligible housing costs |
12. | Rates |
13. | Rent |
14. | Maximum rent |
15. | Decisions |
16. | Pre-tenancy decisions |
17. | Persons of prescribed description |
18. | Circumstances in which a person is to be treated as responsible or not responsible for another |
19. | Circumstances in which a person is to be treated as being or not being a member of the household |
20. | Applicable amounts |
21. | Polygamous marriages |
22. | Calculation of income and capital of members of claimant's family and of a polygamous marriage |
23. | Circumstances in which income and capital of non-dependant is to be treated as claimant's |
24. | Calculation of income on a weekly basis |
25. | Treatment of child care charges |
26. | Average weekly earnings of employed earners |
27. | Average weekly earnings of self-employed earners |
28. | Average weekly income other than earnings |
29. | Calculation of average weekly income from tax credits |
30. | Calculation of weekly income |
31. | Disregard of changes in tax, contributions etc. |
32. | Earnings of employed earners |
33. | Calculation of net earnings of employed earners |
34. | Earnings of self-employed earners |
35. | Calculation of net profit of self-employed earners |
36. | Deduction of tax and contributions of self-employed earners |
37. | Calculation of income other than earnings |
38. | Capital treated as income |
39. | Notional income |
40. | Capital limit |
41. | Calculation of capital |
42. | Disregard of capital of child and young person |
43. | Income treated as capital |
44. | Calculation of capital in the United Kingdom |
45. | Calculation of capital outside the United Kingdom |
46. | Notional capital |
47. | Diminishing notional capital rule |
48. | Capital jointly held |
49. | Calculation of tariff income from capital |
50. | Interpretation |
51. | Treatment of students |
52. | Occupying a dwelling as a person's home |
53. | Full-time students to be treated as not liable to make payments in respect of a dwelling |
54. | Student's eligible housing costs |
55. | Student partners |
56. | Calculation of grant income |
57. | Calculation of covenant income where a contribution is assessed |
58. | Covenant income where no grant income or no contribution is assessed |
59. | Relationship with amounts to be disregarded under Schedule 6 |
60. | Other amounts to be disregarded |
61. | Treatment of student loans |
62. | Treatment of fee loans |
63. | Treatment of payments from access funds |
64. | Disregard of contribution and rent |
65. | Further disregard of student's income |
66. | Amounts treated as capital |
67. | Disregard of changes occurring during summer vacation |
68. | Maximum housing benefit |
69. | Housing benefit tapers |
70. | Extended payments |
71. | Extended payments (severe disablement allowance and incapacity benefit) |
72. | Non-dependant deductions |
73. | Minimum housing benefit |
74. | Date on which entitlement is to commence |
75. | Date on which housing benefit is to end |
76. | Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases |
77. | Date on which change of circumstances is to take effect |
78. | Calculation of weekly amounts |
79. | Rent and rate-free periods |
80. | Who may claim |
81. | Time and manner in which claims are to be made |
82. | Evidence and information |
83. | Amendment and withdrawal of claim |
84. | Duty to notify changes of circumstances |
85. | Decisions by a relevant authority |
86. | Notification of decisions |
87. | Time and manner of payment |
88. | Circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance |
89. | Frequency of payment of a rent allowance |
90. | Payment on account of a rent allowance |
91. | Payment to be made to a person entitled |
92. | Circumstances in which payment is to be made to a landlord or the Department of Finance and Personnel |
93. | Circumstances in which payment may be made to a landlord or the Department of Finance and Personnel |
94. | Payment on death of the person entitled |
95. | Offsetting |
96. | Meaning of overpayment |
97. | Recoverable overpayments |
98. | Person from whom recovery may be sought |
99. | Method of recovery |
100. | Diminution of capital |
101. | Sums to be deducted in calculating recoverable overpayments |
102. | Recovery of overpayments from prescribed benefits |
103. | Prescribed benefits |
104. | Restrictions on recovery of rent and consequent modifications |
105. | Interpretation |
106. | Requiring information |
107. | Circumstances for requiring information |
108. | Relevant information |
109. | Manner of supply of information |
110. | Criminal offence |
SCHEDULE 1— | Ineligible service charges |
PART I— | Service charges other than for fuel |
PART II— | Payments in respect of fuel charges |
SCHEDULE 2— | Decisions of rent payable96 |
PART I— | Decisions |
PART II— | Assumptions etc. |
PART III— | Indicative rent levels |
PART IV— | Size criteria |
PART V— | Special cases |
PART VI— | Interpretation |
SCHEDULE 3— | Excluded tenancies103 |
SCHEDULE 4— | Applicable amounts |
PART I— | Personal allowances |
PART II— | Family premium |
PART III— | Premiums |
PART IV— | Amounts of premiums specified in Part III |
SCHEDULE 5— | Sums to be disregarded in the calculation of earnings |
SCHEDULE 6— | Sums to be disregarded in the calculation of income other than earnings |
SCHEDULE 7— | Capital to be disregarded130 |
SCHEDULE 8— | Extended payments of housing benefit139 |
PART I— | Conditions for an extended payment |
PART II— | Calculation and payment of an extended payment |
PART III— | Adjustment of entitlement in respect of an extended payment |
PART IV— | Interpretation |
SCHEDULE 9— | Extended payments (severe disablement allowance and incapacity benefit) of housing benefit142 |
SCHEDULE 10— | Matters to be included in decision notice145 |
PART I— | General |
PART II— | Awards where income support or an income-based jobseeker's allowance is payable |
PART III— | Awards where no income support or an income-based jobseeker's allowance is payable |
PART IV— | Awards where direct payments made to landlords |
PART V— | Notice where income of non-dependant is treated as claimant's |
PART VI— | Notice where no award is made |
PART VII— | Notice where recoverable overpayment |
PART VIII— | Notice following a decision on a work-focused interview |
and for the purposes of paragraph (d), 2 people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead 2 people of the opposite sex;
(c) which is not—
but it does not include an allowance paid by any government department to, or in respect of, a person by reason of the fact that he is following a course of full-time education, other than under arrangements provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945[41] or made under section 1(1) of the 1950 Act, or is training as a teacher;
(c) who has not attained the age of 22 years and was formerly provided with accommodation under Article 21 of the Children Order;
(2) References in these Regulations to a person who is liable to make payments shall include references to a person who is treated as so liable under regulation 8.
(3) For the purposes of these Regulations, a person is on an income-based jobseeker's allowance on any day in respect of which an income-based jobseeker's allowance is payable to him and on any day—
(4) For the purposes of these Regulations, the following shall be treated as included in a dwelling—
(b) where the dwelling is a caravan or mobile home, such of the land on which it stands as is used for the purposes of the dwelling;
(c) where the dwelling is a houseboat, the land used for the purposes of mooring it.
(5) Subject to paragraphs (6) and (7), the Interpretation Act (Northern Ireland) 1954[50] shall apply to these Regulations as it applies to an Act of the Assembly.
(6) For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.
(7) Without prejudice to any other method of service authorised under section 24 of the Interpretation Act (Northern Ireland) 1954, the requirement to send any document under these Regulations may be met by sending it by ordinary post.
Definition of non-dependant
3.
—(1) In these Regulations, "non-dependant" means any person, except someone to whom paragraph (2) applies, who normally resides with a claimant or with whom a claimant normally resides.
(2) This paragraph applies to—
(f) a person who lives with the claimant in order to care for him or a partner of his and who is engaged by a charitable or voluntary organisation which makes a charge to the claimant or his partner for the services provided by that person.
(3) Sub-paragraphs (d) and (e) of paragraph (2) shall not apply to any person who is treated as if he were not liable to make payments in respect of a dwelling under regulation 9(1).
(4) For the purposes of this regulation and regulation 9 a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area within the meaning prescribed in paragraph 8 of Schedule 1 but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord.
Cases in which section 1(1A) of the Administration Act is disapplied
4.
Section 1(1A) of the Administration Act[51] (requirement to state national insurance number) shall not apply—
Persons who have attained the qualifying age for state pension credit
5.
—(1) These Regulations apply to a person who—
(2) Regulation 70 and Schedule 8 (extended payments) apply to a person if he, or if he has a partner, his partner, has attained the qualifying age for state pension credit.
(3) Except as provided in paragraphs (1) and (2), these Regulations shall not apply in relation to any person if he, or if he has a partner, his partner, has attained the qualifying age for state pension credit.
Remunerative work
6.
—(1) Subject to the following provisions of this regulation, a person shall be treated for the purposes of these Regulations as engaged in remunerative work if he is engaged, or, where his hours of work fluctuate, he is engaged on average, for not less than 16 hours a week, in work for which payment is made or which is done in expectation of payment.
(2) Subject to paragraph (3), in determining the number of hours for which a person is engaged in work where his hours of work fluctuate, regard shall be had to the average of hours worked over—
(3) Where, for the purposes of paragraph (2)(a), a person's recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.
(4) Where no recognisable cycle has been established in respect of a person's work, regard shall be had to the number of hours or, where those hours will fluctuate, the average of the hours, which he is expected to work in a week.
(5) A person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in paragraph (1) if the absence is either without good cause or by reason of a recognised, customary or other holiday.
(6) A person on income support or an income-based jobseeker's allowance for more than 3 days in any benefit week shall be treated as not being in remunerative work in that week.
(7) A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave, paternity leave or adoption leave, or is absent from work because he is ill.
(8) A person shall not be treated as engaged in remunerative work on any day on which he is engaged in an activity in respect of which—
and shall not be treated as occupying any other dwelling as his home.
(2) In determining whether a dwelling is the dwelling normally occupied as a person's home for the purpose of paragraph (1) regard shall be had to any other dwelling occupied by that person or any other person referred to in paragraph (1) whether or not that dwelling is in Northern Ireland.
(3) Where a single claimant or a lone parent is a student, other than one to whom regulation 53(1) applies, or is on a training course and is liable to make payments (including payments of mortgage interest or analogous payments) in respect of either (but not both) the dwelling which he occupies for the purpose of attending his course of study or, his training course, or as the case may be, the dwelling which he occupies when not attending his course, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make such payments.
(4) Where a claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as his home, and is liable to make payments (including payments of mortgage interest or analogous payments) in respect of either (but not both) the dwelling which he normally occupied as his home or the temporary accommodation, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.
(5) Where a person is required by a court to reside in a dwelling which is a hostel, he shall not be treated as occupying that dwelling as his home.
(6) Where a person is liable to make payments in respect of 2 (but not more than 2) dwellings, he shall be treated as occupying both dwellings as his home only—
(b) in the case of a couple or a member of a polygamous marriage, where he or one partner is a student, other than one to whom regulation 53(1) applies, or is on a training course and it is unavoidable that the partners should occupy 2 separate dwellings and reasonable that housing benefit should be paid in respect of both dwellings;
(c) in the case where, because of the number of persons referred to in paragraph (1), they have been housed by the Executive in 2 separate dwellings;
(d) in the case where a person has moved into a new dwelling occupied as the home, except where paragraph (4) applies, for a period not exceeding 4 benefit weeks if he could not reasonably have avoided liability in respect of 2 dwellings; or
(e) in the case where a person—
for a period not exceeding 4 benefit weeks immediately preceding the date on which he moved.
(7) Where—
he shall be treated as occupying the former dwelling as his home for a period not exceeding 4 benefit weeks if he could not reasonably have avoided liability in respect of that former dwelling.
(8) Where a person—
he shall be treated as occupying the dwelling as his home for any period not exceeding 4 weeks immediately prior to the date on which he moved into the dwelling and in respect of which he was liable to make payments.
(9) Where a person is treated by virtue of paragraph (8) as occupying a dwelling as his home in respect of the period before moving in, his claim for housing benefit in respect of that dwelling shall be treated as having been made on either—
whichever of those dates is the later.
(10) Where a person to whom neither paragraph (6)(a) or (16)(c)(x) applies—
(b) has a liability to make payments in respect of that dwelling which is unavoidable,
he shall be treated as occupying the dwelling as his home for a period not exceeding 4 benefit weeks.
(11) This paragraph shall apply to a person who enters residential accommodation—
(12) A person to whom paragraph (11) applies shall be treated as if he is occupying the dwelling he normally occupies as his home for a period not exceeding, subject to an overall limit of 52 weeks on the absence from that home, 13 weeks beginning from the first day he enters a residential accommodation.
(13) Subject to paragraph (17), a person shall be treated as occupying a dwelling as his home while he is temporarily absent therefrom for a period not exceeding 13 weeks beginning from the first day of that absence from the home only if—
(14) This paragraph applies to a person who is—
(15) Where paragraph (14) applies to a person, then, for any day when he is on temporary release—
(16) This paragraph shall apply to a person who is temporarily absent from the dwelling he normally occupies as his home ("absence"), if—
(d) the period of his absence is unlikely to exceed 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.
(17) A person to whom paragraph (16) applies shall be treated as occupying the dwelling he normally occupies as his home during any period of absence not exceeding 52 weeks beginning from the first day of that absence.
(18) In this regulation—
Circumstances in which a person is to be treated as liable to make payments in respect of a dwelling
8.
—(1) Subject to regulation 9, the following persons shall be treated as if they were liable to make payments in respect of a dwelling—
(d) a person whose liability to make such payments is waived by his landlord as reasonable compensation in return for works actually carried out by the tenant in carrying out reasonable repairs or redecoration which the landlord would otherwise have carried out or be required to carry out but this sub-paragraph shall apply only for a maximum of 8 benefit weeks in respect of any one waiver of liability;
(e) a person who is a partner of a student to whom regulation 53(1) applies.
(2) A person shall be treated as liable to make a payment in respect of a dwelling for the whole of the period in, or in respect of, which the payment is to be made notwithstanding that the liability is discharged in whole or in part either before or during that period and, where the amount which a person is liable to pay in respect of a period is varied either during or after that period, he shall, subject to regulations 77 to 79, be treated as liable to pay the amount as so varied during the whole of that period.
Circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling
9.
—(1) A person who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable where—
(d) he is responsible, or his partner is responsible, for a child of the person to whom he is liable under the agreement;
(e) subject to paragraph (3), his liability under the agreement is to a company or a trustee of a trust of which—
is, in the case of a company, a director or an employee, or, in the case of a trust, a trustee or a beneficiary;
(f) his liability under the agreement is to a trustee of a trust of which his or his partner's child is a beneficiary;
(g) subject to paragraph (3), before the liability was created, he was a non-dependant of someone who resided, and continues to reside, in the dwelling;
(h) he previously owned, or his partner previously owned, the dwelling in respect of which the liability arises and less than 5 years have elapsed since he or, as the case may be, his partner, ceased to own the property, save that this sub-paragraph shall not apply where he satisfies the appropriate authority that he or his partner could not have continued to occupy that dwelling without relinquishing ownership;
(i) his occupation, or his partner's occupation, of the dwelling is a condition of his or his partner's employment by the landlord;
(j) he is a member of, and is wholly maintained (disregarding any liability he may have to make payments in respect of the dwelling he occupies as his home) by, a religious order;
(k) he is in residential accommodation;
(l) in a case to which the preceding sub-paragraphs do not apply, the appropriate authority is satisfied that the liability was created to take advantage of the housing benefit scheme established under Part VII of the Act.
(2) In determining whether a tenancy or other agreement pursuant to which a person occupies a dwelling is not on a commercial basis regard shall be had inter alia to whether the terms upon which the person occupies the dwelling include terms which are not enforceable at law.
(3) Paragraph (1)(e) and (g) shall not apply in a case where the person satisfies the appropriate authority that the liability was not intended to be a means of taking advantage of the housing benefit scheme.
(4) In this regulation "residential accommodation" means accommodation which is provided in—
Persons from abroad
10.
—(1) A person from abroad who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable but this paragraph shall not have effect in respect of a person to whom and for a period to which regulation 10A (entitlement of a refugee to housing benefit) and Schedule A1[54] (treatment of claims for housing benefit by refugees) apply.
(2) In paragraph (1), "person from abroad" means, subject to the following provisions of this regulation, a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
(3) No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (4).
(4) A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following—
(c) Article 6 of Council Directive No. 2004/38/EC[56]; or
(d) Article 39 of the Treaty establishing the European Community (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland).
(5) A person is not a person from abroad if he is—
(6) Paragraph 1 of Part I of the Schedule to, and regulation 2 as it applies to that paragraph of, the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000[59] shall not apply to a person who has been temporarily without funds for any period, or the aggregate of any periods, exceeding 42 days during any one period of limited leave (including any such period as extended).
(7) In this regulation "refugee" means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees[60].
(2) Subject to paragraph (4), housing benefit shall not be payable in respect of payments made by a person on income support or an income-based jobseeker's allowance whose applicable amount for that benefit includes an amount in respect of those payments.
(3) Where any payment for which a person is liable in respect of a dwelling and which is specified in regulation 13(1), is increased on account of—
to which paragraphs (1) to (3) of that regulation or Schedule 1 refer and which is or was formerly owed by him in respect of that or another dwelling, a rent rebate or, as the case may be, a rent allowance shall not be payable in respect of that increase.
(4) Where a person who has been awarded housing benefit in respect of a dwelling becomes entitled to income support or an income-based jobseeker's allowance and his applicable amount for the purpose of calculating his entitlement to that benefit includes an amount in respect of a payment made by him in respect of that dwelling, the payments made by him in respect of that dwelling shall continue to be eligible for housing benefit for a period of 4 benefit weeks beginning with the benefit week after the date on which he becomes entitled to income support or an income-based jobseeker's allowance.
Rates
12.
—(1) The payments in respect of which housing benefit is payable in the form of a rate rebate are the payments by way of rates in respect of the dwelling which a person occupies as his home.
(2) Where the person is liable to make payments only of such a kind as are specified in regulation 13(1) in respect of the dwelling which he occupies as his home and which comprises part only of a rateable unit, the proportion of those payments equal to the proportion of the rates payable in respect of the rateable unit as a whole which appears to the appropriate authority to be referable to his dwelling shall be treated as payments by way of rates for the purposes of paragraph (1).
(3) Subject to any apportionment in accordance with paragraphs (4) and (5) the amount of a person's eligible rates shall be the amount of the payments by way of rates referred to in paragraph (1), or, as the case may be, (2).
(4) Where a rateable unit consists partly of residential accommodation and partly of other accommodation, only such proportion of the rates payable for that rateable unit as is referable to the residential accommodation shall count as eligible rates for the purpose of these Regulations.
(5) Subject to paragraph (6), where more than one person is liable to make payments by way of rates in respect of a dwelling, the rates payable in respect of that dwelling shall be apportioned for the purposes of calculating the eligible rates for each such person having regard to all the circumstances, in particular the number of such persons and the proportion of rates paid by each such person.
(6) Paragraph (5) shall not apply to any person so residing with the claimant who is a student to whom regulation 53(1) applies.
Rent
13.
—(1) Subject to the following provisions of this regulation, the payments in respect of which housing benefit is payable in the form of a rent rebate or allowance are the following periodical payments which a person is liable to make in respect of the dwelling which he occupies as his home—
(2) A rent rebate or, as the case may be, a rent allowance shall not be payable in respect of the following periodical payments—
(3) Subject to paragraphs (4), (5) and (7), the amount of a person's eligible rent shall be—
(4) Where the payments specified in paragraph (1) are payable in respect of accommodation which consists partly of residential accommodation and partly of other accommodation, only such proportion thereof as is referable to the residential accommodation shall count as eligible rent for the purposes of these Regulations.
(5) Where more than one person is liable to make payments in respect of a dwelling, the payments specified in paragraph (1) shall be apportioned for the purpose of calculating the eligible rent for each such person having regard to all the circumstances, in particular, the number of such persons and the proportion of rent paid by each such person.
(6) The amount of the deduction in respect of rates referred to in paragraph (3) shall be—
(7) In any case where it appears to the Executive that in the particular circumstances of that case the eligible rent as determined in accordance with the preceding paragraphs of this regulation is greater than it is reasonable to meet by way of housing benefit, the eligible rent shall be such lesser sum as seems to the Executive to be an appropriate rent in that particular case.
(8) In this regulation and Schedule 1—
Maximum rent
14.
—(1) Where the Executive has made a decision in accordance with Schedule 2, the maximum rent shall be decided in accordance with paragraphs (2) to (17).
(2) In a case where a claim-related rent has been decided, but a local reference rent or a single room rent is not required, the maximum rent shall be that claim-related rent.
(3) In a case where a local reference rent has been decided, the maximum rent shall not exceed twice that local reference rent.
(4) Subject to paragraph (5), in the case of a young individual—
the maximum rent shall not exceed the claim-related rent less that amount in respect of meals.
(5) Paragraph (4) shall not apply in the case of a claimant—
(6) Subject to the limits specified in paragraphs (3) and (4), in a case where both a local reference rent and a claim-related rent has been decided, and—
(7) Subject to the limits specified in paragraphs (3) and (4), in a case where a local reference rent has been decided, but a claim-related rent has not been decided and the reckonable rent is more than the local reference rent, the maximum rent shall be the local reference rent.
(8) In a case where—
then—
(9) Subject to paragraph (10), in a case where—
then in deciding a maximum rent in relation to a claim for benefit of a claimant who has a liability to make payments in respect of that dwelling, the Executive shall treat the claim-related rent or, as the case may be, reckonable rent to be that decided in or, as the case may be, applicable to, that decision referred to in sub-paragraph (a).
(10) Paragraph (9) shall not apply in a case where the reckonable rent is reduced to a figure below the figure that would have been the maximum rent if that reckonable rent had not changed; and where this paragraph applies, the maximum rent shall be the reckonable rent, as so reduced.
(11) In a case where the claimant occupies a dwelling which is the same as that occupied by him at the date of death of any person to whom paragraph (16)(b) to (d) applied or, had a claim been made, would have applied, the maximum rent shall be either—
for a period of 12 months from the date of such a death.
(12) For the purposes of paragraph (11), a claimant shall be treated as occupying the dwelling if paragraph (13) of regulation 7 is satisfied and for that purpose sub-paragraph (b) of that paragraph of that regulation shall be treated as if it were omitted.
(13) In a case where a charge for meals is ineligible to be met by housing benefit under regulation 13(3) and paragraph 1 of Schedule 1, there shall be deducted an amount decided in accordance with paragraph 2 of Schedule 1 in respect of meals in the calculation of a person's maximum rent.
(14) Subject to paragraph (15), where the Executive is satisfied that a person to whom paragraph (16) applies was able to meet the financial commitments for his dwelling when they were entered into, there shall be no maximum rent during the first 13 weeks of the claimant's award of housing benefit.
(15) Paragraph (14) shall not apply where a claimant was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of his current award of housing benefit.
(16) This paragraph applies to the following persons—
(17) Paragraph (16)(d) shall only apply to a relative who has no separate right of occupation of the dwelling which would enable him to continue to occupy it even if the claimant ceased his occupation of it.
(18) In this regulation—
Decisions
15.
—(1) Subject to paragraph (3), in respect of a claim for rent allowance the Executive shall—
(2) The Executive, on the first working day of each month, shall—
(3) No decision shall be made—
(4) This regulation shall apply as specified in Part V of Schedule 2 in relation to—
Pre-tenancy decisions
16.
—(1) Except in the case where any liability to make payments in respect of a dwelling would be to the Executive, a decision shall be made by the Executive of the amount of rent which may be used in the calculation of housing benefit, where a request is received from a person ("the prospective occupier") on a properly completed form approved for the purpose by the Executive, signifying that he is contemplating occupying a dwelling as his home and that if he does so, he is likely to claim housing benefit, but only where that form—
(2) A decision by the Executive shall not be required under paragraph (1) where a request relates to—
(b) an "excluded tenancy" within the meaning of Schedule 3.
(3) Where the Executive receives a request pursuant to paragraph (1) it shall make a decision within 7 days of receipt of that request except it is a case where, by reason of paragraph (2), a decision in accordance with Schedule 2 is not required, where the Executive shall—
(4) For the purpose of calculating the period of days mentioned in paragraph (3)(b), no regard shall be had to a day in which the offices of the Executive are closed for the purposes of receiving or deciding claims.
(5) In this regulation—
(3) A person of a prescribed description for the purposes of section 133(1) of the Act as it applies to housing benefit (definition of family) includes a child or young person in respect of whom section 141A of that Act[65] applies for the purposes of entitlement to child benefit but only for the period prescribed under section 141A(1) of that Act.
Circumstances in which a person is to be treated as responsible or not responsible for another
18.
—(1) Subject to the following provisions of this regulation, a person shall be treated as responsible for a child or young person who is normally living with him and this includes a child or young person to whom regulation 17(3) applies.
(2) Where a child or young person spends equal amounts of time in different households, or where there is a question as to which household he is living in, the child or young person shall be treated for the purposes of paragraph (1) as normally living with—
(3) For the purposes of these Regulations a child or young person shall be the responsibility of only one person in any benefit week and any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.
Circumstances in which a person is to be treated as being or not being a member of the household
19.
—(1) Subject to paragraphs (2) to (4), the claimant and any partner and, where the claimant or his partner is treated as responsible by virtue of regulation 18 for a child or young person, that child or young person and any child of that child or young person, shall be treated as members of the same household notwithstanding that any of them is temporarily living away from the other members of his family.
(2) Paragraph (1) shall not apply to a person who is living away from the other members of his family where—
(3) A child or young person shall not be treated as a member of the claimant's household where he is—
(4) Subject to paragraph (5), paragraph (1) shall not apply to a child or young person who is not living with the claimant and he—
(5) An authority shall treat a child or young person to whom paragraph (4)(a) applies, as being a member of the claimant's household in any benefit week where—
(6) In this regulation "relevant enactment" means the Army Act 1955[67], the Air Force Act 1955[68], the Naval Discipline Act 1957[69],the Children and Young Persons Act (Northern Ireland) 1968[70], the Health and Personal Social Services Order, the Family Law Reform (Northern Ireland) Order 1977[71], the Matrimonial Causes (Northern Ireland) Order 1978[72], the Domestic Proceedings (Northern Ireland) Order 1980[73], the Adoption (Northern Ireland) Order 1987[74] and the Children Order.
Polygamous marriages
21.
Subject to regulations 78 and 79 and Schedule A1, where a claimant is a member of a polygamous marriage, his weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case—
(3) The income or capital of a child or young person shall not be treated as the income and capital of the claimant.
Circumstances in which income and capital of non-dependant is to be treated as claimant's
23.
—(1) Where it appears to the relevant authority that a non-dependant and the claimant have entered into arrangements in order to take advantage of the housing benefit scheme and the non-dependant has more capital and income than the claimant, that authority shall, except where the claimant is on income support or an income-based jobseeker's allowance, treat the claimant as possessing capital and income belonging to that non-dependant and, in such a case, shall disregard any capital and income which the claimant does possess.
(2) Where a claimant is treated as possessing capital and income belonging to a non-dependant under paragraph (1) the capital and income of that non-dependant shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant and any reference to the "claimant" shall be construed for the purposes of this Part as if it were a reference to that non-dependant.
(2) The conditions of this paragraph are that—
(3) The maximum deduction to which paragraph (1)(c) refers shall be—
(4) For the purposes of paragraph (1) "income" includes capital treated as income under regulation 38 and income which a claimant is treated as possessing under regulation 39.
Treatment of child care charges
25.
—(1) This regulation applies where a claimant is incurring relevant child care charges and—
(2) For the purposes of paragraph (1) and subject to paragraph (4), a person to whom paragraph (3) applies shall be treated as engaged in remunerative work for a period not exceeding 28 weeks during which he—
(3) This paragraph applies to a person who was engaged in remunerative work immediately before—
as the case may be.
(4) In a case to which paragraph (2)(c) or (d) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.
(5) Relevant child care charges are those charges for care to which paragraphs (6) and (7) apply, and shall be calculated on a weekly basis in accordance with paragraph (10).
(6) The charges are paid by the claimant for care which is provided—
(7) The charges are paid for care which is provided by one or more of the care providers listed in paragraph (8) and are not paid—
(8) The care to which paragraph (7) refers may be provided—
(b) by a child care provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999[79]; or
(c) by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act.
(9) In—
(10) Relevant child care charges shall be estimated over such period, not exceeding a year, as is appropriate in order that the average weekly charge may be estimated accurately having regard to information as to the amount of that charge provided by the child minder or person providing the care.
(11) For the purposes of paragraph (1)(c) the other member of a couple is incapacitated where—
on account of the other member's incapacity;
(b) the claimant's applicable amount would include a disability premium or a higher pensioner premium on account of the other member's incapacity but for that other member being treated as capable of work by virtue of a determination made in accordance with regulations made under section 167E of the Act[81] (incapacity for work: disqualification, etc.);
(c) the claimant (within the meaning of regulation 2(1)) is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part XIIA of the Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any 2 or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;
(d) there is payable in respect of him one or more of the following pensions or allowances—
(e) a pension or allowance to which head (ii), (iv), (v) or (vi) of sub-paragraph (d) refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient, which in this regulation shall mean a person (other than a person who is serving a sentence of imprisonment or detention in a young offenders centre or a juvenile justice centre) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005[85];
(f) sub-paragraph (d) or (e) would apply to him if the legislative provisions referred to in those sub-paragraphs were provisions under any corresponding enactment having effect in Great Britain; or
(g) he has an invalid carriage or other vehicle provided to him by the Department of Health, Social Services and Public Safety[86] under Article 30(1) of the Health and Personal Social Services Order or provided by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977[87] or under section 46 of the National Health Service (Scotland) Act 1978[88].
(12) For the purposes of paragraph (11), once paragraph (11)(c) applies to the claimant, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.
(13) For the purposes of paragraphs (6) and (8)(a), a person is disabled if he is a person—
(14) For the purposes of—
(b) sub-paragraph (a) the relevant period shall begin on and include the day on which the person's maternity leave, paternity leave or adoption leave commences and shall end on—
whichever shall occur first.
(15) In paragraph (14)—
Average weekly earnings of employed earners
26.
—(1) Where a claimant's income consists of earnings from employment as an employed earner his average weekly earnings shall be estimated by reference to his earnings from that employment—
(b) whether or not sub-paragraph (a)(i) or (ii) applies, where a claimant's earnings fluctuate, over such other period preceding the benefit week in which the claim is made or treated as made as may, in any particular case, enable his average weekly earnings to be estimated more accurately.
(2) Where the claimant has been in his employment for less than the period specified in paragraph (1)(a)(i) or (ii)—
(3) Where the amount of a claimant's earnings changes during an award the relevant authority shall estimate his average weekly earnings by reference to his likely earnings from the employment over such period as is appropriate in order that his average weekly earnings may be estimated accurately but the length of the period shall not in any case exceed 52 weeks.
(4) For the purposes of this regulation the claimant's earnings shall be calculated in accordance with Section 3 of this Part.
Average weekly earnings of self-employed earners
27.
—(1) Where a claimant's income consists of earnings from employment as a self-employed earner his average weekly earnings shall be estimated by reference to his earnings from that employment over such period as is appropriate in order that his average weekly earnings may be estimated accurately but the length of the period shall not in any case exceed a year.
(2) For the purposes of this regulation the claimant's earnings shall be calculated in accordance with Section 4 of this Part.
Average weekly income other than earnings
28.
—(1) A claimant's income which does not consist of earnings shall, except where paragraph (2) applies, be estimated over such period as is appropriate in order that his average weekly income may be estimated accurately but the length of the period shall not in any case exceed 52 weeks; and nothing in this paragraph shall authorise an authority to disregard any such income other than that specified in Schedule 6.
(2) The period over which any benefit under the benefit Acts is to be taken into account shall be the period in respect of which that benefit is payable.
(3) For the purposes of this regulation income other than earnings shall be calculated in accordance with Section 5 of this Part.
Calculation of average weekly income from tax credits
29.
—(1) This regulation applies where a claimant receives a tax credit.
(2) Where this regulation applies, the period over which a tax credit is to be taken into account shall be the period set out in paragraph (3).
(3) Where the instalment in respect of which payment of a tax credit is made is—
(4) For the purposes of this regulation "tax credit" means child tax credit or working tax credit.
Calculation of weekly income
30.
—(1) For the purposes of regulations 26 and 29, where the period in respect of which a payment is made—
(2) For the purposes of regulation 27 the weekly amount of earnings of a claimant shall be determined by dividing his earnings over the assessment period by the number equal to the number of days in that period and multiplying the quotient by 7.
Disregard of changes in tax, contributions etc.
31.
In calculating the claimant's income the appropriate authority may disregard any legislative change—
for a period not exceeding 30 benefit weeks beginning with the benefit week immediately following the date from which the change is effective.
(g) any award of compensation made under Article 146(4) and 151(3)(a) of the Employment Rights Order[92] (remedies for unfair dismissal);
(h) any such sum as is referred to in section 112 of the Act[93] (certain sums to be earnings for social security purposes);
(i) any statutory sick pay, statutory maternity pay, statutory paternity pay or statutory adoption pay, or a corresponding payment under any statute of the Parliament of the United Kingdom extending solely to Great Britain;
(j) any payment made under the legislation of, or under any scheme operating in, the Republic of Ireland which is analogous to income to which sub-paragraphs (g) to (i) relate;
(k) any remuneration paid by or on behalf of an employer to the claimant who for the time being is on maternity leave, paternity leave or adoption leave or is absent from work because he is ill;
(l) the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person's earnings in accordance with Part V of Schedule 3 to the Social Security (Contributions) Regulations 2001[94].
(2) Earnings shall not include—
(3) Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(l).
Calculation of net earnings of employed earners
33.
—(1) For the purposes of regulation 26, the earnings of a claimant derived or likely to be derived from employment as an employed earner to be taken into account shall, subject to paragraph (2), be his net earnings.
(2) There shall be disregarded from a claimant's net earnings, any sum, where applicable, specified in paragraphs 1 to 14 of Schedule 5.
(3) For the purposes of paragraph (1) net earnings shall, except where paragraph (6) applies, be calculated by taking into account the gross earnings of the claimant from that employment over the assessment period, less—
(b) one half of any sum paid by the claimant by way of a contribution towards an occupational pension scheme;
(c) one half of the amount calculated in accordance with paragraph (5) in respect of any qualifying contribution payable by the claimant; and
(d) where those earnings include a payment which is payable under any statute of the Parliament of the United Kingdom extending solely to Great Britain and which corresponds to statutory sick pay, statutory maternity pay, statutory paternity pay or statutory adoption pay, any amount deducted from those earnings by way of any contributions which are payable under any statute of the Parliament of the United Kingdom extending solely to Great Britain and which correspond to primary Class 1 contributions under the Act.
(4) In this regulation "qualifying contribution" means any sum which is payable periodically as a contribution towards a personal pension scheme.
(5) The amount in respect of any qualifying contribution shall be calculated by multiplying the daily amount of the qualifying contribution by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying contribution shall be determined—
(6) Where the earnings of a claimant are estimated under regulation 26(2)(b), his net earnings shall be calculated by taking into account those earnings over the assessment period, less—
(7) Where the claimant is an employed earner in the Republic of Ireland the amounts to be deducted for income tax and primary Class 1 contributions under this regulation shall be such amounts as, in the opinion of the appropriate authority, would have been deducted had the claimant been employed in Northern Ireland.
(2) There shall be disregarded from a claimant's net profit, any sum, where applicable, specified in paragraphs 1 to 14 of Schedule 5.
(3) For the purposes of paragraph (1)(a) the net profit of the employment shall, except where paragraph (9) applies, be calculated by taking into account the earnings of the employment over the assessment period less—
calculated in accordance with regulation 36; and
(c) one half of the amount calculated in accordance with paragraph (11) in respect of any qualifying premium.
(4) For the purposes of paragraph (1)(b) the net profit of the employment shall be calculated by taking into account the earnings of the employment over the assessment period less, subject to paragraphs (5) to (7), any expenses wholly and exclusively incurred in that period for the purposes of the employment.
(5) Subject to paragraph (6), no deduction shall be made under paragraph (3)(a) or (4), in respect of—
(6) A deduction shall be made under paragraph (3)(a) or (4) in respect of the repayment of capital on any loan used for—
(7) The relevant authority shall refuse to make a deduction in respect of any expenses under paragraph (3)(a) or (4) where it is not satisfied given the nature and the amount of the expense that it has been reasonably incurred.
(8) For the avoidance of doubt—
(9) Where a claimant is engaged in employment as a child minder the net profit of the employment shall be one third of the earnings of that employment, less—
calculated in accordance with regulation 36; and
(b) one half of the amount calculated in accordance with paragraph (11) in respect of any qualifying premium.
(10) For the avoidance of doubt where a claimant is engaged in employment as a self-employed earner and he is also engaged in one or more other employments as a self-employed or employed earner any loss incurred in any one of his employments shall not be offset against his earnings in any other of his employments.
(11) The amount in respect of any qualifying premium shall be calculated by multiplying the daily amount of the qualifying premium by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying premium shall be determined—
(12) Where the claimant is a self-employed earner in the Republic of Ireland the amounts to be deducted for income tax and social security contributions under this regulation shall be such amounts as, in the opinion of the appropriate authority, would have been deducted had the claimant been employed in Northern Ireland.
(13) In this regulation, "qualifying premium" means any premium which is payable periodically in respect of a retirement annuity contract or a personal pension scheme and is so payable on or after the date of claim.
Deduction of tax and contributions of self-employed earners
36.
—(1) The amount to be deducted in respect of income tax under regulation 35(1)(b)(i), (3)(b)(i) or (9)(a)(i) shall be calculated on the basis of the amount of chargeable income and as if that income were assessable to income tax at the lower rate or, as the case may be, the lower rate and the basic rate of tax applicable to the assessment period less only the personal relief to which the claimant is entitled under section 257(1) of the Taxes Act (personal allowance) as is appropriate to his circumstances; but, if the assessment period is less than a year, the earnings to which the lower rate of tax is to be applied and the amount of the personal relief deductible under this paragraph shall be calculated on a pro-rata basis.
(2) The amount to be deducted in respect of social security contributions under regulation 35(1)(b)(i), (3)(b)(ii) or (9)(a)(ii) shall be the total of—
(3) In this regulation "chargeable income" means—
Calculation of income other than earnings
37.
—(1) For the purposes of regulation 28, the income of a claimant which does not consist of earnings to be taken into account shall, subject to paragraphs (2) to (5), be his gross income and any capital treated as income under regulation 38.
(2) There shall be disregarded from the calculation of a claimant's gross income under paragraph (1), any sum, where applicable, specified in Schedule 6.
(3) Where the payment of any benefit under the benefit Acts is subject to any deduction by way of recovery the amount to be taken into account under paragraph (1) shall be the gross amount payable.
(4) Where an award of any working tax credit or child tax credit under the Tax Credits Act is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under paragraph (1) shall be the amount of working tax credit or child tax credit awarded less the amount of that deduction.
(5) Paragraph (6) applies where—
(6) The amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (5) applies, shall be calculated by applying the formula—
A − (BxC) |
(7) In paragraphs (5) and (6)—
(8) For the avoidance of doubt there shall be included as income to be taken into account under paragraph (1)—
Capital treated as income
38.
—(1) Any capital payable by instalments which are outstanding at the date on which the claim is made or treated as made, or, at the date of any subsequent revision or supersession, shall, if the aggregate of the instalments outstanding and the amount of the claimant's capital otherwise calculated in accordance with Section 6 of this Part exceeds £16,000, be treated as income.
(2) Any payment received under an annuity shall be treated as income.
(3) Any earnings to the extent that they are not a payment of income shall be treated as income.
(4) Where an agreement or court order provides that payments shall be made to the claimant in consequence of any personal injury to the claimant and that such payments are to be made, wholly or partly, by way of periodic payments, any such periodic payments received by the claimant (but not a payment which is treated as capital by virtue of this Part), shall be treated as income.
Notional income
39.
—(1) A claimant shall be treated as possessing income of which he has deprived himself for the purpose of securing entitlement to housing benefit or increasing the amount of that benefit.
(2) Except in the case of—
any income which would become available to the claimant upon application being made, but which has not been acquired by him, shall be treated as possessed by the claimant but only from the date on which it could be expected to be acquired were an application made.
(3) Where a person, aged not less than 60, is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, and—
(b) in the case of a retirement annuity contract, he fails to purchase an annuity with the funds available under that contract,
the amount of any income foregone shall be treated as possessed by him, but only from the date on which it could be expected to be acquired were an application for it to be made.
(4) The amount of any income foregone in a case to which paragraph (3)(a)(i) or (ii) applies shall be the maximum amount of income which may be withdrawn from the fund and shall be determined by the relevant authority which shall take account of information provided by the pension fund holder in accordance with regulation 82(6).
(5) The amount of any income foregone in a case to which paragraph (3)(a)(iii) or (b) applies shall be the income that the claimant could have received without purchasing an annuity had the funds held under the relevant personal pension scheme or retirement annuity contract been held under a personal pension scheme where income withdrawal was available and shall be determined in the manner specified in paragraph (4).
(6) Any payment of income, other than a payment of income specified in paragraph (7), made—
(7) Paragraph (6) shall not apply in respect of a payment of income made—
(d) under an occupational pension scheme, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund where—
(8) Where a claimant is in receipt of any benefit (other than housing benefit) under the benefit Acts and the rate of that benefit is altered with effect from a date on or after 1st April in any year but not more than 14 days thereafter, the relevant authority shall treat the claimant as possessing such benefit at the altered rate—
to the date on which the altered rate is to take effect.
(9) Subject to paragraph (10), where—
the relevant authority shall treat the claimant as possessing such earnings (if any) as is reasonable for that employment unless the claimant satisfies the authority that the means of that person are insufficient for him to pay or to pay more for the service.
(10) Paragraph (9) shall not apply—
(11) Where a claimant is treated as possessing any income under any of paragraphs (1) to (8), the foregoing provisions of this Part shall apply for the purposes of calculating the amount of that income as if a payment had actually been made and as if it were actual income which he does possess.
(12) Where a claimant is treated as possessing any earnings under paragraph (9) the foregoing provisions of this Part shall apply for the purposes of calculating the amount of those earnings as if a payment had actually been made and as if they were actual earnings which he does possess except that regulation 33(3) shall not apply and his net earnings shall be calculated by taking into account those earnings which he is treated as possessing, less—
(13) Where the claimant is an employed earner in the Republic of Ireland the amounts to be deducted for income tax and primary Class 1 contributions under this regulation shall be such amounts as, in the opinion of the appropriate authority, would have been deducted had the claimant been employed in Northern Ireland.
(14) In paragraph (6) "rent or rates" means eligible rent or rates less any deductions in respect of non-dependants which fall to be made under regulation 72.
shall be treated as capital.
(3) Any holiday pay which is not earnings under regulation 32(1)(d) shall be treated as capital.
(4) Except any income derived from capital disregarded under paragraph 1, 2, 4, 8, 14, 26 to 29 or 45 of Schedule 7, any income derived from capital shall be treated as capital but only from the date it is normally due to be credited to the claimant's account.
(5) In the case of employment as an employed earner, any advance of earnings or any loan made by the claimant's employer shall be treated as capital.
(6) Any charitable or voluntary payment which is not made or due to be made at regular intervals, other than a payment which is made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust , the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds, shall be treated as capital.
(7) There shall be treated as capital the gross receipts of any commercial activity carried on by a person in respect of which assistance is received under the self-employment route, but only in so far as those receipts were payable into a special account (as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker's Allowance Regulations[105]) during the period in which that person was receiving such assistance.
(8) Any arrears of working tax credit or child tax credit shall be treated as capital.
Calculation of capital in the United Kingdom
44.
Capital which a claimant possesses in the United Kingdom shall be calculated—
(b) in the case of an Ulster or a National Savings Certificate—
Calculation of capital outside the United Kingdom
45.
Capital which a claimant possesses in a country outside the United Kingdom shall be calculated—
less, where there would be expenses attributable to sale, 10 per cent. and the amount of any encumbrances secured on it.
Notional capital
46.
—(1) A claimant shall be treated as possessing capital of which he has deprived himself for the purpose of securing entitlement to housing benefit or increasing the amount of that benefit except to the extent that that capital is reduced in accordance with regulation 47.
(2) Except in the case of—
any capital which would become available to the claimant upon application being made, but which has not been acquired by him, shall be treated as possessed by him but only from the date on which it could be expected to be acquired were an application made.
(3) Any payment of capital, other than a payment of capital specified in paragraph (4), made—
(4) Paragraph (3) shall not apply in respect of a payment of capital made—
(c) under an occupational pension scheme, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund where—
(5) Where a claimant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he may be treated as if he were such sole owner or partner and in such a case—
(6) For so long as the claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (5) shall be disregarded.
(7) Where a claimant is treated as possessing capital under any of paragraphs (1) to (5) the foregoing provisions of this Section shall apply for the purposes of calculating its amount as if it were actual capital which he does possess.
(8) In paragraph (3) "rent or rates" means eligible rent or rates less any deductions in respect of non-dependants which fall to be made under regulation 72.
Diminishing notional capital rule
47.
—(1) Where a claimant is treated as possessing capital under regulation 46(1), the amount which he is treated as possessing—
shall be reduced by an amount determined under paragraph (3);
(b) in the case of a week in respect of which paragraph (1)(a) does not apply but where—
shall be reduced by the amount determined under paragraph (4).
(2) This paragraph applies to a benefit week where the claimant satisfies the conditions that—
(3) In a case to which paragraph (2) applies, the amount of the reduction for the purposes of paragraph (1)(a) shall be equal to the aggregate of—
(4) Subject to paragraph (5), for the purposes of paragraph (1)(b) the condition is that the claimant would have been entitled to housing benefit in the relevant week, but for regulation 46(1), and in such a case the amount of the reduction shall be equal to the aggregate of—
(5) The amount determined under paragraph (4) shall be re-determined under that paragraph if the claimant makes a further claim for housing benefit and the conditions in paragraph (6) are satisfied, and in such a case—
(6) The conditions are that—
whichever last occurred; and
(b) the claimant would have been entitled to housing benefit but for regulation 46(1).
(7) The amount as re-determined pursuant to paragraph (5) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.
(8) For the purposes of this regulation—
and where more than one benefit week is identified by reference to paragraphs (a) and (b) of this definition the later or latest such benefit week;
Capital jointly held
48.
—(1) Subject to paragraph (2), except where a claimant possesses capital which is disregarded under regulation 46(5) where a claimant and one or more persons are beneficially entitled in possession to any capital asset they shall be treated as if each of them were entitled in possession to the whole beneficial interest therein in an equal share and the foregoing provisions of this Section shall apply for the purposes of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.
(2) Any premises or land not wholly owned by the claimant shall be disregarded for such period as is reasonable in the circumstances to enable the collection of such information as is necessary to determine the treatment of capital in accordance with paragraph (1).
Calculation of tariff income from capital
49.
—(1) Except where the circumstances prescribed in paragraph (3) apply to the claimant, where the claimant's capital calculated in accordance with this Part exceeds £6,000 it shall be treated as equivalent to a weekly tariff income of £1 for each complete £250 in excess of £6,000 but not exceeding £16,000.
(2) Where the circumstances prescribed in paragraph (3) apply to a claimant and that claimant's capital calculated in accordance with this Part exceeds £10,000, it shall be treated as equivalent to a weekly tariff income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.
(3) For the purposes of paragraph (2), the prescribed circumstances are that the claimant—
(4) For the purposes of paragraph (3), the claimant shall be treated as—
in any period during which he is treated as occupying the accommodation as his home pursuant to regulation 7(12), (13) or (17).
(5) Notwithstanding paragraphs (1) and (2) where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly tariff income of £1.
(6) For the purposes of paragraphs (1) and (2), capital includes any income treated as capital under regulation 43.
(7) For the purposes of this regulation and subject to paragraph (8), "residential accommodation" means accommodation which is provided by an establishment—
and in this definition "board" refers to the availability to the claimant in the home in which his accommodation is provided of cooked or prepared food, where the food is made available to him in consequence solely of his paying the charge for the accommodation or any other charge which he is required to pay as a condition of occupying the accommodation, or both those charges and is made available for his consumption without any further charge to him.
(8) Paragraph (7) shall not apply to residential accommodation of the type referred to in sub-paragraphs (a) to (c) of paragraph (7) where such accommodation is residential accommodation for the purpose of regulation 7 unless the claimant is a person to whom paragraphs 10, 11 or 12 of Schedule 2 to the Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005[110] apply.
(c) in the final year of a course of study of more than one year, the period beginning with that year's start and ending with the last day of the course;
(2) For the purposes of the definition of "full-time student" in paragraph (1), a person shall be regarded as attending or, as the case may be, undertaking a full-time course of study or as being on a sandwich course—
(b) in any other case, throughout the period beginning on the date on which he starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as he finally abandons it or is dismissed from it.
(3) For the purposes of sub-paragraph (a) of paragraph (2), the period referred to in that sub-paragraph shall include—
(4) In paragraph (2), "modular course" means a course of study which consists of 2 or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.
Treatment of students
51.
The provisions of Parts II, III and IV shall have effect in relation to students subject to the following provisions of this Part.
(h) who is—
(i) in respect of whom—
on account of his disability by reason of deafness; or
(j) who—
but this sub-paragraph shall cease to apply where the person has ceased to be in receipt of income support for a continuous period of 18 months or more.
(3) For the purposes of paragraph (2), once paragraph (2)(e) applies to a full-time student, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.
(4) In paragraph (2)(h) reference to a course of higher education is a reference to a course of any description mentioned in Schedule 1 to the Further Education (Northern Ireland) Order 1997.
(5) A full-time student to whom paragraph (2)(i) applies shall be treated as satisfying that sub-paragraph from the date on which he made a request for the supplementary requirement, allowance, bursary or payment, as the case may be.
(6) Paragraph (1) shall not apply to a full-time student for the period specified in paragraph (7) if—
(b) he has subsequently ceased to be engaged in caring for that person or, as the case may be, he has subsequently recovered from that illness; and
(c) he is not eligible for a grant or a student loan in respect of the period specified in paragraph (7).
(7) The period specified for the purposes of paragraph (6) is the period not exceeding one year beginning on the day on which he ceased to be engaged in caring for that other person or, as the case may be, the day on which he recovered from that illness and ending on the day before—
whichever shall first occur.
Student's eligible housing costs
54.
—(1) Subject to paragraphs (2) to (4), housing benefit shall not be payable during the period of study in respect of payments made by a student to an educational establishment which the student is attending.
(2) Subject to paragraph (4), where the educational establishment itself pays rent for the dwelling occupied by the student as his home to a third party (other than to another educational establishment) the provisions of paragraph (1) shall only apply if rent is payable to an education authority which has provided the dwelling in exercise of its functions as an education authority.
(3) Where it appears to the relevant authority that an educational establishment has arranged for accommodation to be provided by a person or body other than itself in order to take advantage of the housing benefit scheme, housing benefit shall not be payable during the period of study in respect of payments made to that person or body by a student.
(4) Housing benefit shall be payable during the period of study in respect of payments made by a student to an educational establishment which the student is attending where the student—
Student partners
55.
Where a claimant is not, but his partner is, a student, the provisions of regulation 54 shall apply as if the claimant were a student.
(3) Where a student does not have a student loan and is not treated as possessing such a loan, there shall be excluded from the student's grant income—
whether or not any such costs are incurred.
(4) There shall also be excluded from a student's grant income the grant for dependants known as the parents' learning allowance paid pursuant to regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998 or section 22 of the Teaching and Higher Education Act 1998.
(5) Subject to paragraphs (6) and (7), a student's grant income shall be apportioned—
(6) Any grant in respect of dependants under Article 44(2) of the Health and Personal Social Services Order (provisions relating to training) and any amount intended for the maintenance of dependants under Part III of Schedule 6 to the Students Awards Regulations (Northern Ireland) 2003 shall be apportioned equally over the period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53 weeks.
(7) In a case where a student is in receipt of a student loan or where he could have acquired a student loan by taking reasonable steps but had not done so, any amount intended for the maintenance of dependants to which neither paragraph (6) nor regulation 60(2) apply, shall be apportioned over the same period as the student's loan is apportioned or, as the case may be, would have been apportioned.
(8) In the case of a student on a sandwich course, any periods of experience within the period of study shall be excluded and the student's grant income shall be apportioned equally between the weeks in the period beginning with the benefit week, the first day of which immediately follows the last day of the period of experience and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study.
Calculation of covenant income where a contribution is assessed
57.
—(1) Where a student is in receipt of income by way of a grant during a period of study and a contribution has been assessed, the amount of his covenant income to be taken into account for that period and any summer vacation immediately following shall be the whole amount of the covenant income less, subject to paragraph (3), the amount of the contribution.
(2) The weekly amount of the student's covenant shall be determined—
(3) For the purposes of paragraph (1), the contribution shall be treated as increased by the amount (if any) by which the amount excluded under regulation 56(2)(g) falls short of the amount specified in paragraph 7(2) of Schedule 6 to the Students Awards Regulations (Northern Ireland) 2003 (travel expenditure).
Covenant income where no grant income or no contribution is assessed
58.
—(1) Where a student is not in receipt of income by way of a grant the amount of his covenant income shall be calculated as follows—
(2) Where a student is in receipt of income by way of a grant and no contribution has been assessed, the amount of his covenanted income shall be calculated in accordance with sub-paragraphs (a) to (d) of paragraph (1), except that—
Relationship with amounts to be disregarded under Schedule 6
59.
No part of a student's covenant income or grant income shall be disregarded under paragraph 14 of Schedule 6.
Other amounts to be disregarded
60.
—(1) For the purposes of ascertaining income other than grant income, covenant income and loans treated as income in accordance with regulation 61, any amounts intended for any expenditure specified in regulation 56(2), necessary as a result of his attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulation 56(2) or (3), 57(3), 58(1)(a) or (c) or 61(5) on like expenditure.
(2) Where a grant for school meals for dependent children or a grant for meals for dependent children aged 3 or 4 is paid pursuant to any regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998 or under the Students' Allowances (Scotland) Regulations 1999 that payment shall be disregarded as income.
Treatment of student loans
61.
—(1) A student loan shall be treated as income.
(2) In calculating the weekly amount of the loan to be taken into account as income—
and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the course;
(b) in respect of an academic year of a course which starts other than on 1st September, a loan which is payable in respect of that academic year shall be apportioned equally between the weeks in the period beginning with the benefit week the first day of which coincides with or immediately follows, the first day of that academic year and ending with the benefit week, the last day of which coincides with or immediately precedes, the last day of that academic year but excluding any benefit weeks falling entirely within the quarter during which, in the opinion of the Department, the longest of any vacation is taken and for the purposes of this sub-paragraph, "quarter" shall have the same meaning as for the purposes of the Education (Student Support) Regulations (Northern Ireland) 2005;
(c) in respect of the final academic year of a course (not being a course of a single year's duration), a loan which is payable in respect of that final academic year shall be apportioned equally between the weeks in the period beginning with—
and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the course;
(d) in any other case, the loan shall be apportioned equally between the weeks in the period beginning with the earlier of—
and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of June,
and, in all cases, from the weekly amount so apportioned there shall be disregarded £10.
(3) A student shall be treated as possessing a student loan in respect of an academic year where—
(4) Where a student is treated as possessing a student loan under paragraph (3), the amount of the student loan to be taken into account as income shall be, subject to paragraph (5)—
(b) in the case of a student to whom a student loan is not made in respect of an academic year, the maximum student loan that would be made to the student if—
(5) There shall be deducted from the amount of a student's loan income—
whether or not any such costs are incurred.
Treatment of fee loans
62.
A loan for fees, known as a fee loan or a fee contribution loan, made pursuant to regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998, section 22 of the Teaching and Higher Education Act 1998 or section 73(f) of the Education (Scotland) Act 1980, shall be disregarded as income.
Treatment of payments from access funds
63.
—(1) This regulation applies to payments from access funds that are not payments to which regulation 66(2) or (3) applies.
(2) A payment from access funds, other than a payment to which paragraph (3) applies, shall be disregarded as income.
(3) Subject to paragraph (5) and paragraph 35 of Schedule 6, any payments from access funds which are intended and used for food, household fuel, rent or rates or both or ordinary clothing or footwear, of a single claimant or any other member of his family shall be disregarded as income to the extent of £20 per week.
(4) For the purposes of paragraph (3), "rent or rates" means eligible rent or rates less any deductions in respect of non-dependants which fall to be made under regulation 72.
(5) Where a payment from access funds is made—
that payment shall be disregarded as income.
Disregard of contribution and rent
64.
Where the claimant or his partner is a student and, for the purposes of assessing a contribution to the student's grant or student loan, the other partner's income has been taken into account, an amount equal to that contribution shall be disregarded for the purposes of assessing that other partner's income.
Further disregard of student's income
65.
Where any part of a student's income has already been taken into account for the purposes of assessing his entitlement to a grant or student loan, the amount taken into account shall be disregarded in assessing that student's income.
Amounts treated as capital
66.
—(1) Any amount by way of a refund of tax deducted from a student's covenant income shall be treated as capital.
(2) An amount paid from access funds as a single lump sum shall be treated as capital.
(3) An amount paid from access funds as a single lump sum which is intended and used for an item other than food, household fuel, rent or rates or both, ordinary clothing or footwear of a single claimant or, as the case may be, of the claimant or any other member of his family, shall be disregarded as capital but only for a period of 52 weeks from the date of the payment.
(4) In paragraph (3) "rent or rates" means eligible rent or rates less any deductions in respect of non-dependants which fall to be made under regulation 72.
Disregard of changes occurring during summer vacation
67.
In calculating a student's income the relevant authority shall disregard any change in the standard maintenance grant, occurring in the recognised summer vacation appropriate to the student's course, if that vacation does not form part of his period of study from the date on which the change occurred to the end of that vacation.
less, in either case, any deductions in respect of non-dependants which fall to be made under regulation 72.
Housing benefit tapers
69.
The prescribed percentages for the purpose of section 129(3)(b) of the Act (percentage of excess of income over applicable amount which is deducted from maximum housing benefit) shall be—
Extended payments
70.
—(1) Subject to paragraphs (7) and (8), paragraph (2) shall apply where—
(b) a person ceases to be entitled to housing benefit because he has vacated the dwelling which he occupied as his home and the day on which he did so was either in the week in which he took up employment as an employed or self-employed earner, or in the preceding week, and—
(2) A person to whom paragraph (1) applies shall be treated as having made a claim under this regulation and his housing benefit shall be determined in accordance with Part II of Schedule 8 and any award so determined shall be referred to in these Regulations as an "extended payment".
(3) For the purposes of any payment pursuant to this regulation—
(4) Regulations 80, 81 and 82 shall not apply to a claim pursuant to this regulation and, subject to regulation 78(7), Part IX shall not apply to any payment under it.
(5) In paragraph (1)(a) and (b), references to a "person" include references to a person's partner.
(6) In a case where a payment has been made under this regulation—
whichever occurs first; and
(b) any claim for housing benefit made by the beneficiary within the period which under sub-paragraph (a) applies in his case or the 4 weeks thereafter shall be treated as having been made in respect of a period beginning immediately after the end of his previous award of housing benefit.
(7) This regulation shall not apply to a claimant where, on the day before his entitlement to income support ceased, regulation 6(5) of the Income Support Regulations (remunerative work: housing costs) applied to him.
(8) In paragraph (6), "these Regulations" includes the Regulations as modified by paragraphs 4 and 5 of Schedule 3 to the Consequential Provisions Regulations.
Extended payments (severe disablement allowance and incapacity benefit)
71.
—(1) Paragraph (2) shall apply where—
(b) a person ceases to be entitled to housing benefit because he has vacated the dwelling which he occupied as his home and the day on which he did so was either in the week in which he took up employment as an employed or self-employed earner, or in the preceding week, and—
(2) A person to whom paragraph (1) applies shall be treated as having made a claim under this regulation and his housing benefit shall be determined in accordance with Schedule 9 and any award so determined shall be referred to in these Regulations as an "extended payment (severe disablement allowance and incapacity benefit)".
(3) For the purposes of any payment pursuant to this regulation—
(4) Regulations 80, 81 and 82 shall not apply to a claim pursuant to this regulation and, subject to regulation 78(7), Part IX shall not apply to any payment under it.
(5) In paragraph (1), references to a "person" include references to a person's partner and references to taking up employment include receiving remuneration for employment or an increased amount of remuneration for employment or engaging in employment for an increased number of hours.
(6) In a case where payment has been made under this regulation—
whichever occurs first; and
(b) any claim for housing benefit made by the beneficiary within the period which under sub-paragraph (a) applies in his case or the 4 weeks thereafter shall be treated as having been made in respect of a period beginning immediately after the end of his previous award of housing benefit.
(7) In paragraph (6), "these Regulations" includes the Regulations as modified by paragraphs 4 and 5 of Schedule 3 to the Consequential Provisions Regulations.
Non-dependant deductions
72.
—(1) Subject to the following provisions of this regulation, the deductions referred to in regulation 68 shall be—
(b) in respect of a non-dependant aged 18 or over to whom sub-paragraph (a) does not apply—
(2) In the case of a non-dependant aged 18 or over to whom paragraph (1)(a) applies because he is in remunerative work, where it is shown to the appropriate authority that his normal weekly gross income is—
(3) Only one deduction shall be made under this regulation in respect of a couple or, as the case may be, members of a polygamous marriage and, where, but for this paragraph, the amount that would fall to be deducted in respect of one member of a couple or polygamous marriage is higher than the amount (if any) that would fall to be deducted in respect of the other, or any other, member, the higher amount shall be deducted.
(4) In applying the provisions of paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of paragraph (2) to the couple's or, as the case may be, all members of the polygamous marriage's joint weekly gross income.
(5) Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple or members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the payments in respect of the dwelling payable by each of them.
(6) No deduction shall be made in respect of any non-dependants occupying a claimant's dwelling if the claimant or his partner is—
(7) No deduction shall be made in respect of a non-dependant if—
(8) No deduction shall be made in calculating the amount of—
(9) In the case of a non-dependant to whom paragraph (2) applies because he is in remunerative work, there shall be disregarded from his weekly gross income—
(10) No deduction shall be made in respect of a non-dependant who is on state pension credit.
Minimum housing benefit
73.
Where housing benefit is payable in the form of a rent rebate or allowance, it shall not be payable where the amount to which a person would otherwise be entitled is less than 50 pence per benefit week.
Date on which housing benefit is to end
75.
A claimant's entitlement to housing benefit shall cease at the end of the benefit week in which entitlement to income support or income-based jobseeker's allowance ceases where—
(c) the claimant had been entitled to and in receipt of income support or jobseeker's allowance for a continuous period of at least 26 weeks before the day on which his entitlement to income support or income-based jobseeker's allowance ceased, and for the purposes of this sub-paragraph—
(d) that work, increase in earnings or, as the case may be, increase in hours is expected to last at least 5 weeks or more.
Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases
76.
A claimant's entitlement to housing benefit shall cease at the end of the benefit week in which entitlement to severe disablement allowance or incapacity benefit ceases where—
(c) the claimant had been entitled to and in receipt of severe disablement allowance or incapacity benefit for a continuous period of at least 26 weeks before the day on which his entitlement to severe disablement allowance or incapacity benefit ceased, and for the purposes of this sub-paragraph—
(d) that work, increase in earnings, or as the case may be, increase in hours is expected to last at least 5 weeks or more.
Date on which change of circumstances is to take effect
77.
—(1) Except in cases where regulation 31 or regulation 8(3) of the Decisions and Appeals Regulations applies and subject to the following provisions of this regulation, and to regulation 78(6), a change of circumstances which affects entitlement to, or the amount of, housing benefit ("change of circumstances") shall take effect from the first day of the benefit week following the date on which the change of circumstances actually occurs, and where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit.
(2) Subject to paragraph (10), except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies, where the change of circumstances is a change in the amount of rent or rates payable in respect of a dwelling, that change shall take effect from the day on which it actually occurs.
(3) Subject to paragraphs (10) and (11), except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies, where the change of circumstances is—
in the year in which that order comes into operation;
(b) in respect of any other amendment, from the date on which the amendment of these Regulations comes into operation in the particular case.
(6) Subject to paragraph (10), if 2 or more changes of circumstances occurring in the same benefit week would, but for this paragraph, take effect in different benefit weeks in accordance with this regulation, they shall all take effect on the first day of the benefit week in which they occur, unless a change taking effect under paragraphs (2), (3) or (4) takes effect in that week, in which case the changes shall all take effect on the day on which that change takes effect.
(7) Where, during a benefit week commencing on the first Monday in April—
any change of circumstances to which paragraph (1) applies and which occurs in that benefit week shall take effect from the first day of that benefit week.
(8) Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the Act, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances shall take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.
(9) Without prejudice to paragraph (8), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.
(10) Subject to paragraph (11), where a change of circumstances occurs which has the effect of bringing entitlement to an end it shall take effect on the first day of the benefit week following the benefit week in which that change actually occurs except in a case where a person is liable to make payments, which fall due on a daily basis, in respect of a hostel in which case that change shall take effect on the day on which it actually occurs.
(11) Where the change of circumstances is that a person moves to a new dwelling and immediately after the move he is treated as occupying his former dwelling as his home in accordance with regulation 7(7) or (10) then that change of circumstances shall take effect on the day after the last day for which he is treated as liable to make payments in respect of the former dwelling in accordance with whichever of those regulations applies in his case.
Calculation of weekly amounts
78.
—(1) A person's entitlement to housing benefit in any benefit week shall be calculated in accordance with the following provisions of this regulation.
(2) The weekly amount of a claimant's eligible rent shall be—
(3) The weekly amount of a claimant's eligible rates shall be—
(4) In a case—
other than on the first day of a benefit week, then the claimant's eligible rent or rates for that benefit week shall be calculated by multiplying his old and new daily rent or rates by the number equal to the number of days in that week which relate respectively to the old and new amounts which he is liable to pay.
(5) In the case of a claimant whose weekly eligible rent or rates falls to be calculated in accordance with paragraph (4)(a) or (b) by reference to the daily rent or rates in his case, his weekly applicable amount, weekly income, the weekly amount of any non-dependant deductions and the minimum amount payable in his case shall be calculated in the same manner as his weekly eligible rent or rates by reference to the amounts determined in his case in accordance with Parts V to VIII.
(6) Where a change in the amount of a claimant's applicable amount, income or non-dependant deductions falls to be taken into account in the same benefit week as a change in his eligible rent or rates to which paragraph (4)(c) applies, it shall be taken into account in that week on a daily basis in the same manner and as if it had occurred on the same day as that change in his eligible rent or rates.
(7) In any case where a claimant has received an extended payment or an extended payment (severe disablement allowance and incapacity benefit), his entitlement shall be adjusted in such circumstances and by such amount as are prescribed in Part III of Schedule 8 or paragraph 10 of Schedule 9, as the case may be.
(8) Any amount determined under these Regulations may, if it is appropriate, 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.
(9) In this regulation "daily rent or rates" shall mean the amount determined by dividing by 7 the amount determined under whichever sub-paragraph of paragraph (2) or (3) is appropriate in each case.
(10) Where a claimant is entitled to benefit in respect of 2 (but not more than 2) dwellings in accordance with regulation 7(6) his eligible rent or rates shall be calculated in respect of each dwelling in accordance with this regulation.
Rent and rate-free periods
79.
—(1) This regulation applies to a claimant for any period (referred to in this regulation as a rent-free period) in, or in respect of, which he is not liable to pay rent or to make a payment by way of rates made together with rent except for any period to which regulation 8(1)(d) applies.
(2) In the case of the beginning or ending of a claimant's rent-free period, his eligible rent for the benefit week in which the rent-free period begins and ends shall be calculated on a daily basis as if those benefit weeks were weeks to which regulation 78(4) applies.
(3) For the purpose of determining the weekly applicable amount and income of a claimant to whom this regulation applies, the weekly amount of any non-dependant deductions and the minimum amount payable in his case—
(4) In a case to which paragraph (3)(b) applies, where either regulation 78(5) or (6) also applies or it is the beginning or end of a rent-free period, the weekly amounts referred to in paragraph (3) shall first be calculated in accordance with sub-paragraph (b) of that paragraph and then determined on a daily basis in the same manner as the claimant's eligible rent or rates.
that controller or attorney, as the case may be, may make a claim on behalf of that person.
(3) Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act and paragraph (2) does not apply to him, the relevant authority may, upon written application made to them by a person who, if an individual, is over the age of 18, appoint that person to exercise on behalf of the person who is unable to act, any right to which that person might be entitled under the Act and to receive and deal on his behalf with any sums payable to him.
(4) Where the relevant authority has made an appointment under paragraph (3) or treated a person as an appointee under paragraph (5)—
(5) Where a person who is liable to make payments in respect of a dwelling is for the time being unable to act and the Department has appointed a person to act on his behalf for the purposes of the Act the relevant authority may, if that person agrees, treat him as if he had been appointed by them under paragraph (3).
(6) Anything required by these Regulations to be done by or to any person who is for the time being unable to act may be done by or to the controller or attorney, if any, or by or to the person appointed or treated as appointed under this regulation and the receipt of any such person so appointed shall be a good discharge to the relevant authority for any sum paid.
Time and manner in which claims are to be made
81.
—(1) Every claim shall be in writing and made on a properly completed form approved for the purpose by the relevant authority or in such written form as the relevant authority may accept as sufficient in the circumstances of any particular case or class of cases having regard to the sufficiency of the written information and evidence.
(2) The forms approved for the purpose of claiming shall be provided free of charge by the relevant authority or such persons as they may authorise or appoint for the purpose.
(3) Each relevant authority shall notify the Department of the address to which claims delivered or sent to the appropriate office are to be forwarded.
(4) A claim—
(5) Subject to paragraph (10), the date on which a claim is made shall be—
(6) Where a claim received at the designated office has not been made in the manner prescribed in paragraph (1), that claim is for the purposes of these Regulations defective.
(7) Where a claim is defective because—
the relevant authority may, in a case to which sub-paragraph (a) applies, request the claimant to complete the defective claim or, in the case to which sub-paragraph (b) applies, supply the claimant with the approved form or request further information or evidence.
(8) The relevant authority shall treat a defective claim as if it had been validly made in the first instance if—
or within such longer period as the relevant authority may consider reasonable.
(9) A claim which is made on an approved form for the time being is, for the purposes of this regulation, properly completed if completed in accordance with the instructions on the form, including any instructions to provide information and evidence in connection with the claim.
(10) Where the claimant is not entitled to housing benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to housing benefit for a period beginning not later than the thirteenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.
(11) In the case of a person who has attained, or whose partner has attained, the age of 59 years and 35 weeks, paragraph (10) shall apply as if for the reference to the thirteenth benefit week, there was substituted a reference to the seventeenth benefit week.
(12) Where the claimant makes a claim in respect of a past period (a "claim for backdating") and, from a day in that period up to the date of the claim for backdating, he had continuous good cause for his failure to make a claim, his claim in respect of that period shall be treated as made on—
whichever fell later.
(13) In this regulation "authorised office" means an office which is nominated by the Department and authorised by the relevant authority for receiving claims for decision by the relevant authority.
Evidence and information
82.
—(1) Subject to paragraph (2) and to paragraph 5 of Schedule A1[141] (treatment of claims for housing benefit by refugees), a person who makes a claim, or a person to whom housing benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person's entitlement to, or continuing entitlement to, housing benefit and shall do so within one month of being required to do so or such longer period as the relevant authority may consider reasonable.
(2) Nothing in this regulation shall require a person to furnish any certificates, documents, information or evidence relating to a payment to which paragraph (4) applies.
(3) Where a request is made under paragraph (1), the relevant authority shall—
(4) This paragraph applies to any of the following payments—
(b) a payment which is disregarded under paragraph 37 of Schedule 6 or paragraph 25 of Schedule 7, other than a payment made under the Independent Living Funds;
(c) a payment which is disregarded under regulation 72(9)(b) or (c) other than a payment made under the Independent Living Funds.
(5) Where a claimant or a person to whom housing benefit has been awarded or any partner is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, he shall where the relevant authority so requires furnish the following information—
(6) Where the pension fund holder receives from a relevant authority a request for details concerning a personal pension scheme or retirement annuity contract relating to a person or any partner to whom paragraph (5) refers, the pension fund holder shall provide the relevant authority with any information to which paragraph (7) refers.
(7) The information to which this paragraph refers is—
calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.
Amendment and withdrawal of claim
83.
—(1) A person who has made a claim may amend it at any time before a decision has been made on it, by a notice in writing delivered or sent to the designated office and any claim so amended shall be treated as if it had been amended in the first instance.
(2) A person who has made a claim may withdraw it at any time before a decision has been made on it, by notice to the designated office, and any such notice of withdrawal shall have effect when it is received.
Duty to notify changes of circumstances
84.
—(1) Subject to paragraph (2), if at any time between the making of a claim and a decision being made on it, or during the award of housing benefit, there is a change of circumstances which the claimant, or any person by whom or on whose behalf sums payable by way of housing benefit are receivable, might reasonably be expected to know might affect the claimant's right to, the amount of or the receipt of housing benefit, that person shall be under a duty to notify that change of circumstances by giving notice in writing to the designated office.
(2) The duty imposed on a person by paragraph (1) does not extend to changes in—
(3) Notwithstanding paragraph (2)(c) or (e) a claimant shall be required by paragraph (1) to notify the designated office of any change in the composition of his family arising from the fact that a person who was a member of his family is now no longer such a person because he ceases to be a child or young person.
the relevant authority shall give priority to that claim over other claims which do not fall within the provisions of this paragraph.
Notification of decisions
86.
—(1) An authority shall notify in writing any person affected by a decision made by it under these Regulations—
and every notification shall include a statement as to the matters set out in Schedule 10.
(2) A person affected to whom an authority sends or delivers a notification of decision may, by notice in writing signed by him, request the authority to provide a written statement setting out the reasons for its decision on any matter set out in the notice.
(3) For the purposes of paragraph (2), where a person affected who requests a written statement is not an individual, the notice in writing referred to in that paragraph shall be signed by a person over the age of 18 who is authorised to act on that person's behalf.
(4) The written statement referred to in paragraph (2) shall be sent to the person requesting it within 14 days or as soon as is reasonably practical thereafter.
(2) Where a person's entitlement to housing benefit is less than £1 weekly the relevant authority may pay that benefit at 6 monthly intervals.
(3) Subject to regulations 89 to 94, the relevant authority shall make the first payment of any housing benefit awarded by it within 14 days of the receipt of the claim at the designated office or, if that is not reasonably practical, as soon as possible thereafter.
Circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance
88.
The circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance are that a person is liable to make payments by way of rates or an amount treated as a payment of rates by virtue of regulation 12(2), other than to the Department of Finance and Personnel.
Frequency of payment of a rent allowance
89.
—(1) Subject to the following provisions of this regulation any rent allowance other than a payment made in accordance with regulation 87(2) or (3) or 90 shall be paid at intervals of 2 or 4 weeks or one month or, with the consent of the person entitled, at intervals greater than one month.
(2) Except in a case to which paragraph (3) applies, any payment of a rent allowance shall be made, in so far as it is practicable to do so, at the end of the period in respect of which it is made.
(3) Except in a case to which regulation 93(2) applies and subject to paragraph (4), this paragraph applies where payment of a rent allowance is being made to a landlord (which for these purposes has the same meaning as in regulations 92 and 93, when that payment shall be made—
(4) Where paragraph (3) applies—
(5) Except in a case to which paragraph (3) applies, where a person's weekly entitlement to a rent allowance is more than £2 he may require payment at 2 weekly intervals and the Executive shall pay at 2 weekly intervals in such a case.
(6) Except in a case to which paragraph (3) applies, the Executive may pay a rent allowance at weekly intervals where either—
(7) Subject to paragraphs (2), (3) and (5), the Executive may pay a rent allowance to a student once a term.
Payment on account of a rent allowance
90.
—(1) Where it is impracticable for the Executive to make a decision on a claim for a rent allowance within 14 days of the claim for it having been made and that impracticability does not arise out of the failure of the claimant, without good cause, to furnish such information, certificates, documents or evidence as the Executive reasonably requires and has requested, the Executive shall make a payment on account of any entitlement to a rent allowance of such amount as it considers reasonable having regard to—
(2) The notice of award of any payment on account of a rent allowance made under paragraph (1) shall contain a notice to the effect that if on the subsequent decision of the claim the person is not entitled to a rent allowance, or is entitled to an amount of rent allowance less than the amount of the payment on account, the whole of the amount paid on account or the excess of that amount over the entitlement to an allowance, as the case may be, will be recoverable from the person to whom the payment on account was made.
(3) Where on the basis of the subsequent decision the amount of rent allowance payable differs from the amount paid on account under paragraph (1), future payments of rent allowance shall be increased or reduced to take account of any underpayment or, as the case may be, overpayment.
Payment to be made to a person entitled
91.
—(1) Subject to regulations 92 to 94 and the following provisions of this regulation, payment of any rent allowance to which a person is entitled shall be made to that person.
(2) Where a person other than a person who is entitled to a rent allowance or rate rebate made the claim and that first person is a person referred to in regulation 80(2), (3) or (5), payment may be made to that person.
(3) A person entitled to a rent allowance, although able to act on his own behalf, may request in writing that the Executive make payments to a person, who if an individual must be aged 18 or more, nominated by him, and the Executive may make payments to that person.
Circumstances in which payment is to be made to a landlord or the Department of Finance and Personnel
92.
—(1) Subject to paragraph (2) and paragraph 8(4) of Schedule A1, a payment of rent allowance or rate rebate shall be made to a landlord (and in this regulation the "landlord" includes a person to whom rent or sums by way of rates are payable by the person entitled to that allowance or rebate)—
(2) Any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 93 shall be to discharge, in whole or in part, the liability of the claimant to pay rent or rates or both to that landlord in respect of the dwelling concerned, except in so far as—
(3) Where the person is liable to pay rates to the Department of Finance and Personnel and the circumstances in paragraph 1(a) or (b) applies the amount payable by way of rate rebate shall be paid direct to that Department.
(4) Where the Executive is not satisfied that the landlord is a fit and proper person to be the recipient of a payment of rent allowance or rate rebate no such payment shall be made direct to him under paragraph (1).
Circumstances in which payment may be made to a landlord or the Department of Finance and Personnel
93.
—(1) Subject to paragraph 8(4) of Schedule A1, where regulation 92 does not apply but subject to paragraph (3) of this regulation, a payment of a rent allowance or rate rebate may nevertheless be made to a person's landlord where—
(2) Without prejudice to the power in paragraph (1), in any case where in the opinion of the Executive—
a first payment of a rent allowance following the making of a decision on a claim or a supersession under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[142] may be made, in whole or in part, by sending to the claimant an instrument of payment payable to that landlord.
(3) In a case where the Executive is not satisfied that the landlord is a fit and proper person to be the recipient of a claimant's rent allowance or rate rebate, the Executive may either—
(4) Where the person is liable to pay rates to the Department of Finance and Personnel and the circumstances in paragraph (1)(a), (b) or (c) or (2) applies the amount payable by way of a rate rebate may be paid direct to that Department.
(5) In this regulation "landlord" has the same meaning as in regulation 92 and paragraph (2) of that regulation shall have effect for the purposes of this regulation.
Payment on death of the person entitled
94.
—(1) Subject to paragraphs (3) and (5) where the person entitled to housing benefit has died the relevant authority shall make payment either to his personal representative or, where there is none, his next of kin if aged 16 or over.
(2) For the purposes of paragraph (1) "next of kin" means the persons who would take beneficially on an intestacy under the provisions of Part II of the Administration of Estates Act (Northern Ireland) 1955[143].
(3) A payment under paragraph (1) or (5) shall not be made unless the landlord, the personal representative or the next of kin, as the case may be, makes written application for the payment of any sum of benefit to which the deceased was entitled, and such written application is sent to or delivered to the relevant authority at its designated office within 12 months of the deceased's death or such longer period as the authority may allow in any particular case.
(4) The authority may dispense with strict proof of title of any person claiming under paragraph (3) and the receipt of such a person shall be a good discharge to the authority for any sum so paid.
(5) Subject to paragraph (3), where the relevant authority determines, before the death of the person first mentioned in paragraph (1), that a rent allowance or rate rebate was payable to his landlord in accordance with regulation 92 or 93, that authority shall pay to that landlord so much of that allowance or rebate as does not exceed the amount of rent or rates outstanding at the date of the person's death.
Offsetting
95.
—(1) Where a person has been paid a sum of housing benefit under a decision which is subsequently revised or further revised, any sum paid in respect of a period covered by a subsequent decision shall be offset against arrears of entitlement under the subsequent decision except to the extent that the sum exceeds the arrears and shall be treated as properly paid on account of them.
(2) Where an amount has been deducted under regulation 101(1) an equivalent sum shall be offset against any arrears of entitlement under the subsequent decision except to the extent that the sum exceeds the arrears and shall be treated as properly paid on account of them.
(3) No amount may be offset under paragraph (1) which has been determined to be an overpayment within the meaning of regulation 96.
acting as such; or
(d) a person providing services to either Department mentioned in sub-paragraph (c) or to the Commissioners for Her Majesty's Revenue and Customs,
where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.
(4) Where in consequence of an official error, a person has been awarded rent rebate or rate rebate or both to which he was not entitled or which exceeded the benefit to which he was entitled, upon the award being revised or superseded any overpayment of benefit, which remains credited to him by the relevant authority in respect of a period after the date on which the revision or supersession took place, shall be recoverable.
Person from whom recovery may be sought
98.
—(1) For the purposes of section 73(3)(a) of the Administration Act[144] (prescribed circumstances in which an amount recoverable shall not be recovered from the person to whom it was paid), the prescribed circumstance is—
(e) the Executive is satisfied that the landlord—
(2) For the purposes of section 73(3)(b) of the Administration Act (recovery from such other person, as well as or instead of the person to whom the overpayment was made), where recovery of an overpayment is sought by the Executive—
(b) where sub-paragraph (a)(i) and (ii) do not apply, the prescribed person from whom it is sought is—
(3) For the purposes of paragraph (1), "landlord" shall have the same meaning as it has for the purposes of regulation 92.
(4) For the purposes of paragraph (2)(a)(ii), "overpayment arose in consequence of an official error" shall have the same meaning as in regulation 97(3).
(5) For the purposes of paragraph (2)(b)(ii), recovery of the overpayment may be by deduction from any housing benefit payable to a partner provided that the claimant and that partner were members of the same household both at the time of the overpayment and when the deduction is made.
Method of recovery
99.
—(1) Without prejudice to any other method of recovery, a relevant authority may recover a recoverable overpayment from any person referred to in regulation 98 by deduction from any housing benefit to which that person is entitled (including arrears of entitlement after offsetting under regulation 95) or, where it is unable to do so, may request the Department to recover any recoverable overpayment from the benefits prescribed in regulation 102.
(2) Where—
the relevant authority may at its discretion deduct from the housing benefit it is paying to the claimant in respect of a benefit week an amount equal to the claimant's weekly entitlement to housing benefit at his new dwelling, and may do so for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit.
(3) Subject to paragraphs (2), (5) and (6), where the Executive makes deductions permitted by paragraph (1) from the housing benefit in respect of rent it is paying to a claimant (other than deductions from arrears of entitlement), the deduction in respect of a benefit week shall be—
(4) Where the Executive makes deductions from housing benefit in respect of rent it is paying to a claimant who has, in respect of the whole or part of the recoverable overpayment—
the amount deducted under paragraph (3) shall be not more than 4 times 5 per cent. of the personal allowance for a single claimant aged not less than 25, but where that 5 per cent. is not a multiple of 10 pence, it shall be rounded to the nearest 10 pence or, if it is a multiple of 5 pence but not of 10 pence, the next higher multiple of 10 pence.
(5) Where, in the calculation of housing benefit in respect of rent, the amount of earnings or other income falling to be taken into account is reduced by reason of paragraphs 3 to 10 of Schedule 5 or paragraph 14, 15 or 16 of Schedule 6, the deduction under paragraph (3) may be increased by not more than half the amount of the reduction.
(6) No deduction made under this regulation, except as made under paragraph (2), shall be applied so as to reduce the housing benefit in respect of a benefit week to less than 50 pence.
(7) In this regulation—
(8) This regulation shall not apply in respect of an offence committed or an admission after caution or an agreement to pay a penalty made before 2nd October 2000.
Diminution of capital
100.
—(1) Where in the case of a recoverable overpayment, in consequence of a misrepresentation or failure to disclose a material fact (in either case whether fraudulent or otherwise) as to a person's capital, or an error, other than one to which regulation 97(2) refers, as to the amount of a person's capital, the overpayment was in respect of a period ("the overpayment period") of more than 13 benefit weeks, the relevant authority shall, for the purpose only of calculating the amount of that overpayment—
(2) Capital shall not be treated as reduced over any period other than 13 benefit weeks or in any circumstances other than those for which paragraph (1) provides.
Sums to be deducted in calculating recoverable overpayments
101.
—(1) Subject to paragraph (2), in calculating the amount of a recoverable overpayment, the relevant authority shall deduct any amount of housing benefit which should have been determined to be payable in respect of the whole or part of the overpayment period—
(2) In the case of rent or rate rebate only, in calculating the amount of a recoverable overpayment the relevant authority may deduct so much of any payment by way of rent or rates in respect of the overpayment period which exceeds the amount, if any, which the claimant was liable to pay for that period under the original erroneous decision.
Recovery of overpayments from prescribed benefits
102.
—(1) For the purposes of section 73(4) of the Administration Act (recovery of overpaid housing benefit by deduction from other benefits), the benefits prescribed by this regulation are—
(2) For the purposes of paragraph (1)(c) the term "member State" shall be understood to include Switzerland in accordance with and subject to the provisions of Annex II of the Agreement between the European Community and its member States and the Swiss Confederation on the free movement of persons, signed at Brussels on 21st June 1999[150].
(3) Where the Department is satisfied that—
it shall, if requested to do so by an authority under regulation 99, recover the overpayment by deduction from any of those benefits.
(4) In paragraph (1)(a), "benefit" has the meaning it has in section 121(1) of the Act.
Prescribed benefits
103.
—(1) The benefits prescribed for the purposes of section 73(5) and (7) of the Administration Act[151] (recovery of overpayments) are those set out in the following paragraphs.
(2) Prescribed benefits within section 73(5)(a) of the Administration Act (benefits to which a landlord or agent is entitled) are—
(3) Housing benefit is prescribed for the purposes of section 73(5)(b) or (c) of the Administration Act (benefits paid to a landlord or agent to discharge an obligation owed by another person).
(4) Prescribed benefits within section 73(7) of the Administration Act (benefits recoverable from the county court) are housing benefit and those benefits prescribed from time to time in regulation 102(1).
Restrictions on recovery of rent and consequent modifications
104.
—(1) Where, pursuant to section 73(5)(b) of the Administration Act, an amount has been recovered by deduction from housing benefit paid to a person (referred to as "the landlord" in this regulation) to discharge (in whole or in part) an obligation owed to him by the person on whose behalf the recoverable amount was paid (referred to as "the tenant" in this regulation) that obligation shall, in a case to which paragraph (2) applies, be taken to be discharged by the amount of the deduction.
(2) This paragraph applies in a case where the amount recoverable from the landlord relates to an overpayment of housing benefit in relation to which the landlord has—
(3) In any case to which paragraph (2) applies or will apply when recovery is made the Executive shall notify both the landlord and the tenant that—
Requiring information
106.
Pursuant to section 119A of the Administration Act, where a claim is made to the Executive, on which a rent allowance may be awarded, then, in the circumstances prescribed in regulation 107, the Executive, or any person authorised to exercise any function of the Executive relating to housing benefit, may require an appropriate person to supply to the Executive or person relevant information, in the manner prescribed in regulation 109.
Circumstances for requiring information
107.
—(1) A person is required to supply information in the following circumstances—
(b) the requirer serves upon that appropriate person, whether by post or otherwise, a written notice stating that the requirer—
(2) Information required to be supplied under paragraph (1) shall be supplied to the requirer at the address specified in the notice.
Relevant information
108.
—(1) The information the supplier is to supply to the requirer is that prescribed in paragraphs (2) and (3) (referred to in this Part as "the relevant information").
(2) For a supplier who falls within paragraph (4) or section 119A(2)(b) of the Administration Act ("the landlord"), the information is—
(b) where the landlord is a trustee, except a trustee of a charity, in addition to any information that he is required to supply in accordance with sub-paragraph (a) or (c), as the case may be, the relevant particulars of any residential property held by the trust of which he is a trustee and the name and address of any beneficiary under the trust or the objects of that trust, as the case may be;
(c) where the landlord is a body corporate or otherwise not an individual, other than a charity—
(v) the names and addresses of its major shareholders;
(d) where the landlord is a charity the appropriate details relating to the landlord.
(3) For a supplier who falls within section 119A(2)(c) of the Administration Act or paragraph (5) ("the agent"), the information is—
as the case may be;
(b) the relevant particulars of any residential property in respect of which the agent—
(c) where the agent is an individual—
(d) where the agent is a body corporate or other than an individual—
(4) A supplier falls within this paragraph (landlord receiving rent), if he falls within section 119A(2)(a) of the Administration Act, but does not fall within paragraph (5).
(5) A supplier falls within this paragraph (agent receiving the rent), if he falls within subsection (2)(a) of section 119A of the Administration Act and has agreed to make payments, in consequence of being entitled to receive relevant payments, to a person falling within subsection (2)(b) of that section.
(6) For the purposes of this regulation—
as residential accommodation,
Manner of supply of information
109.
—(1) Subject to paragraph (2), the relevant information shall be supplied—
within a period of 4 weeks commencing on the date on which the notice was sent or given.
(2) Where—
the time for the supply of the relevant information shall be extended to a period of 8 weeks commencing on the date on which the notice was sent or given.
Criminal offence
110.
Any failure by the supplier to supply relevant information to the requirer as, when and how required under this Part shall be an offence under section 107 of the Administration Act[155] and there may be recovered from the supplier, on summary conviction for this offence, penalties not exceeding—
Sealed with the Official Seal of the Department for Social Development on
12th October 2006
L.S.
John O'Neill
A senior officer of the Department for Social Development
The Department of Finance and Personnel hereby consents to the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on
12th October 2006
L.S.
Fiona Hamill
A senior officer of the Department of Finance and Personnel
where a payment is not made in respect of such cleaning by the Executive to the claimant or his partner, or to another person on their behalf; and
(v) transport;
(b) charges in respect of—
(c) charges in respect of the provision of an emergency alarm system;
(d) charges in respect of medical expenses (including the cost of treatment or counselling related to mental disorder, mental handicap, physical disablement or past or present alcohol or drug dependence);
(e) charges in respect of the provision of nursing care or personal care (including assistance at meal-times or with personal appearance or hygiene);
(f) charges in respect of general counselling or of any other support services, whoever provides those services;
(g) charges in respect of any services not specified in sub-paragraphs (a) to (f) which are not connected with the provision of adequate accommodation.
Amount ineligible for meals
2.
—(1) Where a charge for meals is ineligible to be met by housing benefit under paragraph 1, the amount ineligible in respect of each week shall be the amount specified in the following provisions of this paragraph.
(2) Subject to sub-paragraph (4), where the charge includes provision for at least 3 meals a day, the amount shall be—
(3) Except where sub-paragraph (5) applies and subject to sub-paragraph (4), where the charge includes provision for less than 3 meals a day, the amount shall be—
(4) For the purposes of sub-paragraphs (2)(b) and (3)(b), a person attains the age of 16 on the first Monday in September following his 16th birthday.
(5) Where the charge for meals includes the provision of breakfast only, the amount for the claimant and, if he is a member of a family, for the claimant and for each member of his family, shall be £2.50.
(6) Where a charge for meals includes provision for meals for a person who is not a member of the claimant's family sub-paragraphs (2) to (5) shall apply as if that person were a member of the claimant's family.
(7) For the avoidance of doubt where the charge does not include provision for meals for a claimant or, as the case may be, a member of his family, sub-paragraphs (2) to (5) shall not apply in respect of that person.
Amount of ineligible charges
3.
—(1) Subject to paragraph 2 where an ineligible service charge is not separated from or separately identified within other payments made by the occupier in respect of the dwelling, the Executive shall apportion such charge as is fairly attributable to the provision of that service, having regard to the cost of comparable services and such portion of those payments shall be ineligible to be met by housing benefit.
(2) Subject to paragraph 2, where the Executive considers that the amount of any ineligible service charge which is separately identified within other payments made by the occupier in respect of the dwelling is unreasonably low having regard to the service provided, it shall substitute a sum for the charge in question which it considers represents the value of the services concerned and the amount so substituted shall be ineligible to be met by housing benefit.
(3) In sub-paragraph (2) "ineligible service charge" includes any service charge which does not qualify as a periodical payment under regulation 13(1)(e).
(4) In any other case, the whole amount of the ineligible service charge shall be ineligible to be met by housing benefit.
Excessive service costs
4.
Subject to paragraph 2, where the Executive considers that the amount of a service charge to which regulation 13(1)(e) applies is excessive in relation to the service provided for the claimant or his family, having regard to the cost of comparable services, it shall make a deduction from that charge of the excess and the amount so deducted shall be ineligible to be met by housing benefit.
the amount ineligible to be met by housing benefit shall be the full amount of the service charge.
(2) In any other case, subject to sub-paragraphs (3) and (4) and paragraph 7, the amount ineligible to be met by housing benefit shall be the following amounts in respect of each week—
(3) Where the accommodation occupied by the claimant or, if he is a member of a family, by the claimant and the members of his family, consists of one room only, the amount ineligible to be met by housing benefit in respect of each week where heating only is, or heating and either hot water or lighting (or both) are, provided, shall be one half of the aggregate of the amounts specified in sub-paragraph (2)(a), (b) and (c).
(4) In a case to which sub-paragraph (2) or (3) applies, if a claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, the amount ineligible to be met by housing benefit under this paragraph shall be that estimated amount.
7.
—(1) Where rent is payable other than weekly, any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall—
(2) In a case to which regulation 79 applies, any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall, where appropriate, be converted in accordance with sub-paragraph (1) and shall—
8.
In this Schedule—
(3) When making a decision under sub-paragraph (2), the Executive shall have regard to the same matter and make the same assumption as specified in paragraph 1(3), except that in judging the similarity of other tenancies and dwellings the comparison shall be with the tenancy of the second dwelling referred to in sub-paragraph (2) and shall assume that no one who would have been entitled to housing benefit had sought or is seeking that tenancy.
Exceptionally high rents
3.
—(1) The Executive shall decide whether, in its opinion, the rent payable for the tenancy of the dwelling at the relevant time is exceptionally high.
(2) In sub-paragraph (1) "rent payable for the tenancy" means—
(3) If the Executive decides under sub-paragraph (1) that the rent is exceptionally high, the Executive shall also decide the highest rent, which is not an exceptionally high rent and which a landlord might reasonably have been expected to obtain at the relevant time (on the assumption that no one who would have been entitled to housing benefit had sought or is seeking the tenancy) for an uncontrolled tenancy of a dwelling which—
(4) For the purpose of deciding whether a rent is an exceptionally high rent under this paragraph, the Executive shall have regard to the levels of rent under uncontrolled tenancies of dwellings which—
Local reference rents
4.
—(1) The Executive shall make a decision of a local reference rent in accordance with the formula—
H + L | |
R = | |
(2) The criteria are—
(b) if the tenant does not have the use under the tenancy of the dwelling at the relevant time of more than one bedroom or room suitable for living in—
(3) When ascertaining H and L under sub-paragraph (1), the Executive—
(4) In sub-paragraph (2), "bedroom or room suitable for living in" does not include a room which the tenant shares with any person other than—
(5) In sub-paragraph (3), "services" means services performed or facilities (including the use of furniture) provided for, or rights made available to, the tenant, but not, in the case of a tenancy where a substantial part of the rent under the tenancy is fairly attributable to board and attendance, the provision of meals (including the preparation of meals or provision of unprepared food).
Single room rents
5.
—(1) The Executive shall decide a single room rent in accordance with the following formula—
H + L | |
S = | |
(2) The criteria are—
(c) that the rent does not include any payment for board and attendance.
(3) Sub-paragraphs (3) and (5) of paragraph 4 apply when ascertaining H and L under this paragraph as if the reference in those sub-paragraphs to H and L were to H and L under this paragraph.
Claim-related rent
6.
—(1) In this paragraph, "claim-related rent" means—
(2) Where the Executive makes any decision under paragraphs 1, 2 or 3, it shall also decide which rent is the claim-related rent.
(3) Where the dwelling is not in a hostel, the Executive shall also decide the total amount of ineligible charges, as defined in paragraph 7, which it has not included in the claim-related rent because of the assumptions made in accordance with that paragraph.
H + 3L | |
I = | |
(2) The criteria are that—
(3) The categories for the purposes of this paragraph are—
(4) When ascertaining H and L under sub-paragraph (1), the Executive—
(5) In this paragraph—
11.
The number of rooms (excluding any allowed under paragraph 10) suitable for living in allowed are—
Mobile homes
13.
Where a decision relates in whole or in part to payments in respect of the site on which a caravan or a mobile home stands, this Schedule applies in relation to that decision (or, as the case may be, that part which relates to those payments) with the following modifications—
Rental purchase agreements
14.
Where a decision relates to a rental purchase agreement, the agreement is to be treated as if it were a tenancy.
references to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly.
(2) For the purposes of any claim, notification or request ("the later application"), a tenancy shall not be an excluded tenancy by virtue of sub-paragraph (1) by reference to the Executive's decision made in consequence of an earlier claim, notification or request ("the earlier application") where—
(3) Sub-paragraph (1) shall not apply where subsequent to the making of the decision mentioned in that sub-paragraph—
(e) the claimant is a young individual, except in a case where the decision mentioned in sub-paragraph (1) was, or was made in connection with, a decision of a single room rent pursuant to paragraph 5 of Schedule 2 on or after 2nd July 2001.
3.
This paragraph applies where the landlord is a registered housing association, except in a case where the Executive consider that—
4.
This paragraph applies to a tenancy which is a protected or statutory tenancy within the meaning of the Rent (Northern Ireland) Order 1978[159].
5.
—(1) Subject to sub-paragraphs (2) and (3) this paragraph applies to a tenancy in respect of a dwelling comprised in land which has been disposed of under Article 88 of the Housing (Northern Ireland) Order 1981[160].
(2) This paragraph shall not apply to a tenancy to which sub-paragraph (1) refers if—
(3) Where the disposal took place on or after 7th October 2002, sub-paragraph (2) shall apply to a tenancy to which sub-paragraph (1) refers as if head (b) were omitted.
6.
In this Schedule expressions have the same meaning as in regulation 16(5) and, in the case of a decision under regulation 16(1), any reference to a "tenancy" shall be taken as a reference to a prospective tenancy and any reference to an "occupier" or any person "occupying" a dwelling shall, in the case of such a decision, be taken to be a reference to a potential occupier or potential occupation of that dwelling.
Column (1) | Column (2) |
Person or couple | Amount |
(1) Single claimant aged— |
(1) |
(a) less than 25; |
(a) £45.50; |
(b) not less than 25. |
(b) £57.45. |
(2) Lone parent aged— |
(2) |
(a) less than 18; |
(a) £45.50; |
(b) not less than 18. |
(b) £57.45. |
(3) Couple— |
(3) |
(a) where both members are aged less than 18; |
(a) £68.65; |
(b) where at least one member is aged not less than 18. |
(b) £90.10. |
Column (1) | Column (2) |
Child or young person | Amount |
Persons in respect of the period— | |
(a) beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday; |
(a) £45.58; |
(b) beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's twentieth birthday. |
(b) £45.58. |
(2) The amounts specified in sub-paragraph (1)(a) and (b) shall be increased by £10.50 where at least one child is under the age of one year and for the purposes of this paragraph where that child's first birthday does not fall on a Monday he shall be treated as under the age of one year until the first Monday after his first birthday.
(3) The amount in sub-paragraph (1)(a) shall be applicable to a lone parent—
and in respect of whom all of the conditions specified in sub-paragraph (4) have continued to apply.
(4) The conditions specified for the purposes of sub-paragraph (3) are that, in respect of the period commencing on 6th April 1998—
(5) For the purposes of sub-paragraph (4)(a), a claimant shall be treated as entitled to housing benefit during any rent-free period as defined for the purposes of regulation 79(1).
may be applicable in addition to any other premium which may apply under this Schedule.
(2) An enhanced disability premium in respect of a person shall not be applicable in addition to—
7.
—(1) Subject to sub-paragraph (2), for the purposes of this Part, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit for—
(2) For the purposes of the carer premium under paragraph 17, a person shall be treated as being in receipt of carer's allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act.
Bereavement premium
8.
—(1) Subject to sub-paragraphs (2) and (3), the condition is that the claimant—
(2) A premium under sub-paragraph (1) shall not be applicable in respect of a claimant who claims housing benefit more than 8 weeks after the last day on which he was entitled to a bereavement allowance.
(3) Where a claimant to whom a premium under sub-paragraph (1) is applicable, ceases to be entitled to housing benefit or to be a single claimant, a premium under sub-paragraph (1) shall only again be applicable to that claimant where he claims housing benefit as a single claimant no more than 8 weeks after the date on which he ceased to be entitled to housing benefit or, as the case may be, to be a single claimant.
Pensioner premium for persons under 75
9.
The condition is that the claimant—
Pensioner premium for persons 75 and over
10.
The condition is that the claimant—
Higher pensioner premium
11.
—(1) Where the claimant is a single claimant or a lone parent, the condition for the higher pensioner premium is that—
(2) Where the claimant has a partner, the condition is that—
(3) For the purposes of this paragraph and paragraph 13—
(4) In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii), (2)(b)(ii) and (3)(b) to a period of 8 weeks shall be treated as references to a period of 104 weeks.
(5) A person is a welfare to work beneficiary if he is a person—
Disability premium
12.
The condition for the disability premium is that—
Additional condition for the higher pensioner and disability premiums
13.
—(1) Subject to sub-paragraph (2) and paragraph 7, the additional condition referred to in paragraphs 11 and 12 is that either—
(b) the claimant—
(2) For the purposes of sub-paragraph (1)(a)(v), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.
(3) For the purposes of sub-paragraph (1)(b), once the higher pensioner premium or the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be treated as incapable of work or to be incapable of work he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).
(4) For the purpose of sub-paragraph (1)(a)(ii) and (iii), once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be entitled to housing benefit, he shall on again becoming so entitled to housing benefit, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(a)(ii) and (iii).
(5) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided or arranged under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or section 3 of the 1950 Act[168] or for any period during which he is in receipt of a training allowance.
(6) For the purposes of sub-paragraph (1)(b), where any 2 or more periods of incapacity are separated by a break of not more than 56 days, those periods shall be treated as one continuous period.
(7) For the purposes of this paragraph, a reference to a person who is or was in receipt of long-term incapacity benefit includes a person who is or was in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.
(8) In the case of a claimant who is a welfare to work beneficiary within the meaning of paragraph 11(5)—
shall in each case be treated as a reference to a period of 104 weeks.
Severe disability premium
14.
—(1) The condition is that the claimant is a severely disabled person.
(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—
(b) in the case of a claimant who has a partner—
and either a person is entitled to or in receipt of a carer's allowance in respect of caring for only one of a couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance in respect of caring for either member of a couple or any partner of a polygamous marriage.
(3) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 13(1)(a)(v) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.
(4) For the purposes of sub-paragraph (2)(a)(ii) and (b)(iii) no account shall be taken of—
(5) For the purposes of sub-paragraph (2)(b) a person shall be treated—
(6) For the purposes of sub-paragraph (2)(a)(iii) and (b), no account shall be taken of an award of carer's allowance to the extent that payment of such an award is backdated for a period before the date on which the award is made.
(7) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer's allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 6 of the Fraud Act (loss of benefit provisions).
Enhanced disability premium
15.
—(1) Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Act in respect of—
who is aged less than 60.
(2) An enhanced disability premium shall not be applicable in respect of—
(b) a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 25(11)(e) and has been for a period of more than 52 weeks.
Disabled child premium
16.
The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant's household—
Carer premium
17.
—(1) The condition is that the claimant or his partner is, or both of them are, entitled to a carer's allowance under section 70 of the Act.
(2) Where a carer premium is awarded but—
the condition for the award of the premium shall be treated as satisfied for a period of 8 weeks from the relevant date specified in sub-paragraph (3).
(3) The relevant date for the purposes of sub-paragraph (2) shall be—
(4) Where a person who has been entitled to a carer's allowance ceases to be entitled to that allowance and makes a claim for housing benefit, the condition for the award of the carer premium shall be treated as satisfied for a period of 8 weeks from the date on which—
Persons in receipt of concessionary payments
18.
For the purpose of determining whether a premium is applicable to a person under paragraphs 13 to 17, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.
Person in receipt of benefit
19.
For the purposes of this Part, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.
Premium | Amount |
20.
—(1) Bereavement premium. |
(1) £26.80. |
(2) Pensioner premium for persons aged under 75— |
(2) |
(a) where the claimant satisfied the condition in paragraph 9(a); |
(a) £56.60; |
(b) where the claimant satisfies the condition in paragraph 9(b). |
(b) £83.95. |
(3) Pensioner premium for persons aged 75 and over— |
(3) |
(a) where the claimant satisfied the condition in paragraph 10(a); |
(a) £56.60; |
(b) where the claimant satisfies the condition in paragraph 10(b). |
(b) £83.95. |
(4) Higher pensioner premium— |
(4) |
(a) where the claimant satisfies the condition in paragraph 11(1)(a) or (b); |
(a) £56.60; |
(b) where the claimant satisfies the condition in paragraph 11(2)(a) or (b). |
(b) £83.95. |
(5) Disability premium— |
(5) |
(a) where the claimant satisfies the condition in paragraph 12(a); |
(a) £24.50; |
(b) where the claimant satisfies the condition in paragraph 12(b). |
(b) £34.95. |
(6) Severe disability premium— |
(6) |
(a) where the claimant satisfies the condition in paragraph 14(2)(a); |
(a) £46.75; |
(b) where the claimant satisfies the condition in paragraph 14(2)(b)— |
(b) |
(i) in a case where there is someone in receipt of carer's allowance or if he or any partner satisfies that condition only by virtue of paragraph 14(5); |
(i) £46.75; |
(ii) in a case where there is no one in receipt of such an allowance. |
(ii) £93.50. |
(7) Disabled child premium. |
(7) £45.08 in respect of each child or young person in respect of whom the condition specified in paragraph 16 is satisfied. |
(8) Carer premium. |
(8) £26.35 in respect of each person who satisfies the condition specified in paragraph 17. |
(9) Enhanced disability premium where the conditions in paragraph 15 are satisfied. |
(9)
(b) £11.95 in respect of each person who is neither—
(ii) a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 15 are satisfied;
|
any earnings in respect of that employment, but only for a period commencing on the day immediately after the date on which the employment was terminated;
(b) where before the date of claim the employment has been terminated otherwise than because of retirement, any earnings in respect of that employment except earnings to which regulation 32(1)(b) to (e), (g), (h) and (j) (in so far as it relates to regulation 32(1)(g) and (h)) applies;
(c) where at the date of claim—
any earnings in respect of that employment except earnings to which regulation 32(1)(d), (e), (i), (k) and (j) (in so far as it relates to regulation 32(1)(i)) applies.
2.
In the case of a claimant who, before the date of claim—
any earnings in respect of that employment except—
3.
—(1) In a case to which this paragraph applies and paragraph 4 does not apply, £20; but notwithstanding regulation 22 if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £20.
(2) This paragraph applies where the claimant's applicable amount includes an amount by way of the disability premium or severe disability premium under Schedule 4.
(3) This paragraph applies where—
(4) This paragraph applies where—
(5) For the purposes of this paragraph, no account shall be taken of any period not exceeding 8 consecutive weeks occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which either or both ceased to be engaged in employment or the claimant ceased to be entitled to housing benefit.
4.
In a case where the claimant is a lone parent, £25.
5.
—(1) In a case to which neither paragraph 3 nor paragraph 4 applies to the claimant, and subject to sub-paragraph (2), where the claimant's applicable amount includes an amount by way of the carer premium under Schedule 4, £20 of the earnings of the person who is, or at any time in the preceding 8 weeks was, in receipt of carer's allowance or treated in accordance with paragraph 17(2) of that Schedule as being in receipt of carer's allowance.
(2) Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed £20 of the aggregated amount.
6.
Where the carer premium is awarded in respect of a claimant who is a member of a couple and whose earnings are less than £20, but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment—
7.
In a case where paragraphs 3, 5, 6 and 8 do not apply to the claimant and he is one of a couple and a member of that couple is in employment, £10; but, notwithstanding regulation 22, if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £10.
8.
—(1) In a case where paragraphs 3, 4, 5 and 6 do not apply to the claimant, £20 of earnings derived from one or more employments as—
but, notwithstanding regulation 22, if this paragraph applies to a claimant it shall not apply to his partner except to the extent specified in sub-paragraph (2).
(2) If the claimant's partner is engaged in employment—
9.
Where the claimant is engaged in one or more employments specified in paragraph 8(1), but his earnings derived from such employments are less than £20 in any week and he is also engaged in any other employment so much of his earnings from that other employment, up to £5 if he is a single claimant, or up to £10 if he has a partner, as would not in aggregate with the amount of his earnings disregarded under paragraph 8 exceed £20.
10.
In a case to which none of the paragraphs 3 to 9 applies, £5.
11.
Any amount or the balance of any amount which would fall to be disregarded under paragraph 20 or 21 of Schedule 6 had the claimant's income which does not consist of earnings been sufficient to entitle him to the full disregard thereunder.
12.
Where a claimant is on income support or an income-based jobseeker's allowance, his earnings.
13.
Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.
14.
Where a payment of earnings is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.
15.
Any earnings of a child or young person.
16.
In this Schedule "part-time employment" means employment in which the person is engaged on average for less than 16 hours a week.
17.
—(1) In a case where the claimant is a person who satisfies at least one of the conditions set out in sub-paragraph (2), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (3), the amount of his earnings that falls to be disregarded under paragraphs 3 to 10 of this Schedule shall be increased by £14.90.
(2) The conditions of this sub-paragraph are that—
(iii) is a lone parent who is engaged in remunerative work for on average not less than 16 hours per week, or
(iv) is, or if he is a member of a couple, at least one member of that couple is, engaged in remunerative work for on average not less than 16 hours per week, and—
(c) the claimant is, or if he has a partner, one of them is, a person to whom regulation 18(3) of the Working Tax Credit Regulations (eligibility for 50 plus element) applies, or would apply if an application for working tax credit were to be made in his case.
(3) The following are the amounts referred to in sub-paragraph (1)—
(4) The provisions of regulation 6 shall apply in determining whether or not a person works for on average not less than 30 hours per week, but as if the reference to 16 hours in paragraph (1) of that regulation were a reference to 30 hours.
if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 39(9).
3.
In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.
4.
Where a claimant is on income support or an income-based jobseeker's allowance, the whole of his income.
5.
Where the claimant is a member of a joint-claim couple for the purposes of the Jobseekers Order and his partner is on an income-based jobseeker's allowance, the whole of the claimant's income.
6.
In the case of housing benefit which was in the form of a rate rebate only, where the claimant, or the person who was the partner of the claimant on 31st March 2003, was entitled on that date to income support or an income-based jobseeker's allowance but ceased to be so entitled on or before 5th April 2003 by virtue only of regulation 12 of the Housing Benefit (General) (Amendment No. 3) Regulations (Northern Ireland) 1999[176] as in operation at that date, the whole of his income.
7.
Any disability living allowance.
8.
Any concessionary payment made to compensate for the non-payment of—
9.
Any mobility supplement under article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006[177] (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983[178] or any payment intended to compensate for the non-payment of such a supplement.
10.
Any attendance allowance.
11.
Any payment to the claimant as holder of the Victoria Cross or of the George Cross or any analogous payment.
12.
—(1) Any payment by way of an education maintenance allowance made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986[179].
(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986, in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).
13.
—(1) Any payment made pursuant to section 1 or 3 of the 1950 Act except—
(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent or rates of the claimant or, where the claimant is a member of a family, any other member of his family.
(3) For the purposes of this paragraph "rent or rates" means eligible rent or rates less any deductions in respect of non-dependants which fall to be made under regulation 72.
14.
—(1) Subject to sub-paragraph (2), any of the following payments—
in consequence of any personal injury to the claimant; or
(e) a payment (not falling within head (a) to (d)) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant.
(2) Sub-paragraph (1) shall not apply to a maintenance payment which is made or due to be made by—
15.
Any of the following, namely—
16.
Subject to paragraph 35, £10 of a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.
17.
Subject to paragraph 35, £15 of any—
18.
—(1) Any income derived from capital to which the claimant is or is treated under regulation 48 as beneficially entitled but, subject to sub-paragraphs (2) and (3), not income derived from capital disregarded under paragraphs 1, 2, 4, 8, 14 or 26 to 29 of Schedule 7.
(2) Income derived from capital disregarded under paragraphs 2, 4 or 26 to 29 of Schedule 7 but only to the extent of—
(3) Where income is derived from conacre or agistment letting any expenses reasonably incurred thereon including the repayment of interest and capital on any loan used for the purchase of land under the Northern Ireland Land Act 1925[184].
19.
Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions—
the amount, calculated on a weekly basis, equal to—
20.
Where the claimant makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating—
an amount equal to the weekly amount of that parental contribution, but only in respect of the period for which that contribution is assessed as being payable.
21.
—(1) Where the claimant is the parent of a student aged under 25 in advanced education who either—
and the claimant makes payments by way of a contribution towards the student's maintenance, other than a parental contribution falling within paragraph 20, an amount specified in sub-paragraph (2) in respect of each week during the student's term.
(2) For the purposes of sub-paragraph (1), the amount shall be equal to—
whichever is less.
22.
Any payment made to the claimant by a child or young person or a non-dependant.
23.
Where the claimant occupies a dwelling as his home and the dwelling is also occupied by a person other than one to whom paragraph 22 or 44 refers and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family—
24.
—(1) Any income in kind, except where regulation 37(8)(b) applies.
(2) The reference in sub-paragraph (1) to "income in kind" does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.
25.
Any income which is payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of that income.
26.
—(1) Any payment made to the claimant in respect of a person who is a member of his family—
to the extent specified in sub-paragraph (3).
(2) Any payment, other than a payment to which sub-paragraph (1)(c) applies, made pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
(3) In the case of a child or young person, so much of the weekly amount of the payment as exceeds the amount included under Schedule 4 in the calculation of the claimant's applicable amount for that child or young person by way of the personal allowance and disabled child premium, if any.
27.
Any payment made by—
28.
Any payment made to the claimant or his partner for a person ("the person concerned"), who is not normally a member of the claimant's household but is temporarily in his care, by—
29.
Any payment made by an authority, as defined in Article 2 of the Children Order, in accordance with Article 18, 34C, 34D or 35A of that Order[194] (general duty of an authority to promote the welfare of children and powers to grant financial assistance to persons looked after or in, or formerly in, its care).
30.
—(1) Subject to sub-paragraph (2), any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments—
(2) A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to—
31.
Any payment of income which by virtue of regulation 43 is to be treated as capital.
32.
Any social fund payment made pursuant to Part VIII of the Act.
33.
Any payment under Part X of the Act (Christmas bonus for pensioners).
34.
Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.
35.
The total of a claimant's income or, if he is a member of a family, the family's income and the income of any person which he is treated as possessing under regulation 22(2) to be disregarded under regulations 57(2)(b), 58(1)(d), 61(2) and 63(3) and paragraphs 16 and 17 shall in no case exceed £20 per week.
36.
Any payment made under the legislation of, or under a scheme operating in, the Republic of Ireland which is analogous to any income to which this Schedule relates.
37.
—(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust ("the Trusts"), the Fund, the Eileen Trust or the Independent Living Funds.
(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers, and which is made to or for the benefit of—
(3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—
(4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—
but only for a period from the date of the payment until the end of 2 years from that person's death.
(5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—
but only for a period of 2 years from the relevant date.
(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any income which derives from any payment of income or capital made under or deriving from any of the Trusts.
(7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund, the Eileen Trust, the Skipton Fund and the London Bombings Relief Charitable Fund.
38.
Any payment made under arrangements made by the Department to compensate for the loss (in whole or in part) of entitlement to housing benefit.
39.
Any payment made under arrangements made by the Department to compensate for the loss of housing benefit supplement under regulation 19A of the Supplementary Benefit (Requirements) Regulations (Northern Ireland) 1983[197].
40.
Any resettlement benefit paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) (Amendment No. 2) Regulations (Northern Ireland) 1987[198].
41.
Any payment to a juror or witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
42.
Any community charge benefit.
43.
Any payment in consequence of a reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992[199] (reduction of liability for council tax).
44.
—(1) Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—
(2) In this paragraph "board and lodging accommodation" means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises.
45.
Any special war widows payment made under—
and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e).
46.
—(1) Any payment or repayment made under regulation 5, 6 or 11 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004[204] (entitlement to full remission and payment, entitlement to partial remission and payment, or repayment).
(2) Any payment or repayment made by the Department of Health, Social Services and Public Safety which is analogous to a payment or repayment mentioned in sub-paragraph (1).
47.
Any payment made under regulation 8, 10 or 12 of the Welfare Foods Regulations (Northern Ireland) 1988[205] (failure to receive milk tokens, inability to obtain free vitamins or absence of beneficiary for less than a week).
48.
Any payment made under a scheme established by the Northern Ireland Office to assist relatives and other persons to visit persons in custody.
49.
—(1) Where a claimant's applicable amount includes an amount by way of a family premium, £15 of any maintenance payment, whether under a court order or not, which is made or due to be made by—
(2) For the purposes of sub-paragraph (1), where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
(3) A payment made by the Department in lieu of maintenance shall, for the purposes of sub-paragraph (1), be treated as a payment of maintenance made by a person specified in head (a) or (b) of that sub-paragraph.
50.
Any payment made by the Department to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
51.
Any payment (other than a training allowance) made, whether by the Department for Employment and Learning or any other person, under the Disabled Persons (Employment) Act (Northern Ireland) 1945[206] to assist disabled persons to obtain or retain employment despite their disability.
52.
Any guardian's allowance.
53.
Any council tax benefit.
54.
—(1) Where the claimant is in receipt of any benefit under Parts II, III or V of the Act or pension under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of the Act or the rate of that pension under that Order where the dependant in respect of whom the increase is paid is not a member of the claimant's family.
(2) For the purposes of sub-paragraph (1), an addition to a contribution-based jobseeker's allowance under regulation 10(4) of the Jobseeker's Allowance (Transitional Provisions) (No. 2) Regulations (Northern Ireland) 1996[207] shall be treated as an increase of a benefit under the Act arising under Part IV of the Act.
55.
Any supplementary pension under article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (pensions to widows, widowers or surviving civil partners).
56.
In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983[208] (pensions to widows, widowers or surviving civil partners), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.
57.
—(1) Any payment which is—
(b) equal to the amount specified in article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.
(2) In this paragraph "the Dispensing Instruments"[209] means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances).
58.
Except in a case which falls under sub-paragraph (1) of paragraph 17 of Schedule 5, where the claimant is a person who satisfies any of the conditions of sub-paragraph (2) of that paragraph, any amount of working tax credit up to £14.90.
59.
Any payment made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002[210].
60.
—(1) Subject to sub-paragraph (2), in respect of a person who is receiving, or who has received, assistance under the self-employment route, any payment to that person—
in respect of which such assistance is or was received.
(2) Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part VIII of the Jobseekers Allowance Regulations.
61.
—(1) Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent or rates of the claimant or where the claimant is a member of a family, any other member of his family.
(3) For the purposes of sub-paragraph (2)—
62.
Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations (Northern Ireland) 2001[211].
63.
Any payment made by the Executive to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
which is to be used for the purchase of other premises or land intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.
4.
Any premises occupied in whole or in part as his home by—
5.
Where a claimant is on income support or an income-based jobseeker's allowance, the whole of his capital.
6.
Where the claimant is a member of a joint-claim couple for the purposes of the Jobseekers Order and his partner is on income-based jobseeker's allowance, the whole of the claimant's capital.
7.
Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.
8.
—(1) The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner, or if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.
(2) The assets of any business owned in whole or in part by the claimant where—
for a period of 26 weeks from the date on which the claim for housing benefit is made, or is treated as made, or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.
(3) In the case of a person who is receiving assistance under the self-employment route, the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.
(4) In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.
9.
—(1) Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—
but only for a period of 52 weeks from the date of the receipt of arrears or of the concessionary payment.
(2) In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as "the relevant sum") and is—
sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of housing benefit, for the remainder of that award if that is a longer period.
(3) For the purposes of sub-paragraph (2), "the award of housing benefit" means—
10.
Any sum—
which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to effect the repairs, replacement or improvement.
11.
Any sum—
12.
Any personal possessions except those which have been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to housing benefit or to increase the amount of that benefit.
13.
The value of the right to receive any income under an annuity or the surrender value (if any) of such an annuity.
14.
Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant or the claimant's partner, the value of the trust fund and the value of the right to receive any payment under that trust.
15.
—(1) Any payment made to the claimant or the claimant's partner in consequence of any personal injury to the claimant or, as the case may be, the claimant's partner.
(2) But sub-paragraph (1)—
(3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.
(4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).
16.
The value of the right to receive any income under a life interest.
17.
The value of the right to receive any income which is disregarded under paragraph 13 of Schedule 5 or paragraph 25 of Schedule 6.
18.
The surrender value of any policy of life insurance.
19.
Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.
20.
Any payment made by an authority, as defined in Article 2 of the Children Order, in accordance with Article 18, 34C, 34D or 35A of that Order (general duty of an authority to promote the welfare of children and powers to grant financial assistance to persons looked after or in, or formerly in, its care).
21.
Any social fund payment made pursuant to Part VIII of the Act.
22.
Any refund of tax which falls to be deducted under section 369 of the Taxes Act[216] (deduction of tax from certain loan interest) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements to the home.
23.
Any capital which by virtue of regulation 38 or 61 is to be treated as income.
24.
Where any payment of capital is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.
25.
—(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust ("the Trusts"), the Fund, the Eileen Trust, the Independent Living Funds, the Skipton Fund or the London Bombings Relief Charitable Fund.
(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—
(3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—
(4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—
but only for a period of 2 years from the relevant date.
(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.
(7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund, the Eileen Trust, the Skipton Fund or the London Bombings Relief Charitable Fund.
26.
Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from, or dissolution of his civil partnership with, his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling or, where the dwelling is occupied as the home by the former partner who is a lone parent, for so long as it is so occupied.
27.
Any premises or land where the claimant is taking reasonable steps to dispose of those premises or that land, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises or that land.
28.
Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings, whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.
29.
Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is necessary to enable those repairs or alterations to be carried out.
30.
Any payment made under arrangements made by the Department to compensate for the loss of housing benefit supplement under regulation 19A of the Supplementary Benefit (Requirements) Regulations (Northern Ireland) 1983.
31.
Any payment made under arrangements made by the Department to compensate for the loss (in whole or in part) of entitlement to housing benefit.
32.
The value of the right to receive an occupational or personal pension.
33.
The value of any funds held under a personal pension scheme or retirement annuity contract.
34.
The value of the right to receive any rent except where the claimant has a reversionary interest in the property in respect of which rent is due.
35.
Any payment in kind made by a charity or under the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund or the Independent Living (1993) Fund.
36.
Any payment made pursuant to section 1 of the 1950 Act[217], but only for the period of 52 weeks beginning on the date of receipt of the payment.
37.
Any community charge benefit.
38.
Any payment in consequence of a reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax), but only for a period of 52 weeks from the date of the receipt of the payment.
39.
Any grant made in Great Britain to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988[218] or section 66 of the Housing (Scotland) Act 1988[219] (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used—
for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as his home.
40.
Any arrears of special war widows payment which is disregarded under paragraph 45 of Schedule 6 or of any amount which is disregarded under paragraph 55, 56 or 57 of that Schedule, but only for a period of 52 weeks from the date of the receipt of the arrears.
41.
—(1) Any payment or repayment made under regulation 5, 6 or 11 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004 (entitlement to full remission and payment, entitlement to partial remission and payment, or repayment), but only for a period of 52 weeks from the date of the receipt of the payment or repayment.
(2) Any payment or repayment by the Department of Health, Social Services and Public Safety which is analogous to a payment or repayment mentioned in sub-paragraph (1), but only for a period of 52 weeks from the date of the receipt of the payment or repayment.
42.
Any payment made under regulation 8, 10 or 12 of the Welfare Foods Regulations (Northern Ireland) 1988 (failure to receive milk tokens, inability to obtain free vitamins or absence of beneficiary for less than a week), but only for a period of 52 weeks from the date of the receipt of the payment.
43.
Any payment made under a scheme established by the Northern Ireland Office to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of the receipt of the payment.
44.
Any payment (other than a training allowance) made, whether by the Department for Employment and Learning or any other person, under the Disabled Persons (Employment) Act (Northern Ireland) 1945 to assist disabled persons to obtain or retain employment despite their disability.
45.
—(1) Any sum of capital to which sub-paragraph (2) applies and—
(2) This sub-paragraph applies to a sum of capital which is derived from—
46.
Any payment to the claimant as holder of the Victoria Cross or George Cross.
47.
The amount of any child maintenance bonus payable by way of jobseeker's allowance or income support in accordance with Article 4 of the Child Support (Northern Ireland) Order 1995[223], or a corresponding payment under section 10 of the Child Support Act 1995[224], but only for a period of 52 weeks from the date of receipt.
48.
In the case of a person who is receiving, or who has received, assistance under the self-employment route, any sum of capital which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired.
49.
—(1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent or rates of the claimant or, where the claimant is a member of a family, any other member of his family.
(3) For the purposes of sub-paragraph (2)—
50.
—(1) Any payment by way of an education maintenance allowance made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986[225].
(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986, in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).
51.
Where an ex-gratia payment of £10,000 has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or internment of—
by the Japanese during the Second World War, £10,000.
52.
—(1) Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a member of a claimant's family who is—
(2) Where a trust payment is made to—
whichever is the latest.
(3) Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a member of a claimant's family who is—
but only to the extent that such payments do not exceed the total amount of any trust payments made to that person.
(4) Where a payment as referred to in sub-paragraph (3) is made to—
whichever is the latest.
(5) In this paragraph, a reference to a person—
at the date of the diagnosed person's death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person residing in a residential care home, a nursing home, an Abbeyfield Home or an independent hospital on that date.
(6) In this paragraph—
53.
The amount of any payment, other than a war pension within the meaning of section 25 of the Social Security Act 1989[226], to compensate for the fact that the claimant, the claimant's partner, the claimant's deceased spouse or deceased civil partner or the claimant's partner's deceased spouse or deceased civil partner—
during the Second World War.
54.
Any payment made by the Executive to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
55.
Any payment made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002.
56.
Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002[227].
57.
Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989[228] (special guardianship support services).
58.
Where an ex-gratia payment has been made by the Secretary of State to members of the families of the disappeared, but only for a period of 52 weeks from the date of receipt of that payment.
(d) that the claimant had been entitled to and in receipt of income support or a jobseeker's allowance for a continuous period of at least 26 weeks until the relevant day, and for the purpose of this sub-paragraph—
2.
The conditions prescribed in this paragraph are that the claimant or the claimant's partner—
so that entitlement to income support or to an income-based jobseeker's allowance ceases and that work or, as the case may be, remuneration, is expected to last 5 weeks or more; and
(b) makes that notification no later than 4 weeks after the day on which the claimant or his partner first undertakes the remunerative work referred to in sub-paragraph (a)(i) or first receives remuneration for the work or an increased amount of remuneration for the work referred to in sub-paragraph (a)(ii), or first commences the increased number of hours of work referred to in sub-paragraph (a)(iii).
(5) No extended payment shall be payable for a week which is a rent and rate-free period for the purposes of regulation 79(1).
Movers
4.
Paragraphs 5 to 7 below apply to movers from—
Movers and rent allowances
5.
—(1) Subject to sub-paragraph (2), in the case of a mover whose housing benefit was in the form of a rent allowance, the Executive shall make an extended payment to that mover calculated on the same basis as in paragraph 3 and, for these purposes, the mover shall be treated as continuing to occupy and be liable to make payments in respect of the dwelling he was occupying as his home immediately before he ceased to be entitled to housing benefit.
(2) Notwithstanding sub-paragraph (1), in a case where that mover's liability to make payments in respect of the second dwelling would be to the Executive, any extended payment shall be determined as provided in paragraph 7(b).
Movers and rent and rate rebates
6.
Where, in a case of a mover—
the Executive shall, upon receiving the mover's claim for an extended payment, which meets the requirements of regulation 70(1), make an extended payment, calculated in accordance with paragraph 7, to that mover.
Movers and extended payments
7.
In a case to which paragraph 5(2) or 6 applies and a mover's liability referred to in that paragraph is—
Maximum Housing Benefit
8.
In a case to which paragraph 7(b) or 9 applies the maximum housing benefit of a mover shall be calculated in accordance with regulation 68, save that no deduction shall be made in respect of non-dependants, other than any that fall to be taken into account pursuant to those paragraphs.
Movers and rates rebate
9.
In the case of a mover whose housing benefit was in the form of a rate rebate only the extended payment shall be by way of a discharge to the value of such part of the liability to rates for the period specified in regulation 70(6)(a), less, in a case where the rebate to which paragraph 3 refers was subject to any deductions in respect of non-dependants pursuant to regulations 68(b) and 72, the amount of those deductions.
Movers with 2 homes
10.
Subject to Part III, any extended payment under this Part shall be without prejudice to any entitlement the claimant may have pursuant to regulation 7(6).
then the amount of the housing benefit payable in respect of that week shall be reduced by a sum equal to the amount of the extended payment and only the balance (if any) shall be payable to him for that week.
so that entitlement to severe disablement allowance or incapacity benefit ceases and that work, or as the case may be, remuneration, is expected to last 5 weeks or more; and
(b) the notification is made no later than 4 weeks after the day on which the claimant or his partner first undertakes the remunerative work referred to in sub-paragraph (a)(i), first receives remuneration for the work or an increased amount of remuneration for the work referred to in sub-paragraph (a)(ii), or first commences the increased number of hours of work referred to in sub-paragraph (a)(iii).
Calculation and payment of an extended payment (severe disablement allowance and incapacity benefit)
2.
—(1) Subject to the following provisions of this paragraph and except in the case of a mover, the amount of the extended payment (severe disablement allowance and incapacity benefit) shall be equal to the amount of housing benefit which was payable to the claimant for the last benefit week before he ceased to be entitled to housing benefit.
(2) In a case where the last benefit week referred to in sub-paragraph (1) fell, in whole or in part, within a rent and rate-free period, the last benefit week for the purposes of that sub-paragraph shall be taken to be the last benefit week that did not fall within a rent and rate-free period.
(3) Where the last benefit week before he ceased to be entitled to housing benefit was a week in which the claimant's eligible rent or rates was calculated in accordance with regulation 78(4)(c), sub-paragraph (1) shall have effect as if the reference to the last benefit week before he ceased to be entitled to housing benefit was a reference to the week before that week.
(4) Subject to sub-paragraph (5), the extended payment (severe disablement allowance and incapacity benefit) shall be payable for each of the weeks in the period specified in regulation 71(6)(a), and shall be paid at such time and in such manner as is appropriate, having regard to—
(5) No extended payment (severe disablement allowance and incapacity benefit) shall be payable for a week which is a rent and rate-free period for the purposes of regulation 79(1).
Movers
3.
Paragraphs 4 to 6 apply to movers from—
Movers and rent allowances
4.
—(1) Subject to sub-paragraph (2), in the case of a mover whose housing benefit was in the form of a rent allowance, the Executive shall make an extended payment (severe disablement allowance and incapacity benefit) to that mover calculated on the same basis as in paragraph 2, and, for these purposes, the mover shall be treated as continuing to occupy and be liable to make payments in respect of the dwelling he was occupying as his home immediately before he ceased to be entitled to housing benefit.
(2) Notwithstanding sub-paragraph (1), in a case where that mover's liability to make payments in respect of the second dwelling would be to the Executive, any extended payment (severe disablement allowance and incapacity benefit) shall be made by the Executive and shall be determined as provided in paragraph 6(b).
Movers and rent and rate rebates
5.
Where, in the case of a mover—
the Executive shall, upon receiving the mover's claim for an extended payment (severe disablement allowance and incapacity benefit), which meets the requirements of regulation 71(1), make an extended payment (severe disablement allowance and incapacity benefit), calculated in accordance with paragraph 6, to that mover.
Movers and extended payments (severe disablement allowance and incapacity benefit)
6.
In a case to which paragraph 4(2) or 5 applies and where a mover's liability referred to in that paragraph is—
Maximum housing benefit
7.
The maximum housing benefit of a mover the amount of whose extended payment (severe disablement allowance and incapacity benefit) is calculated in accordance with paragraph 6(b)(i) shall be calculated in accordance with regulation 68, save that no deduction shall be made in respect of non-dependants, other than any that fall to be taken into account pursuant to paragraph 6(b)(i).
Movers and rate rebates
8.
In the case of a mover whose housing benefit was in the form of a rate rebate only the extended payment shall be by way of a discharge to the value of such part of the liability to rates for the period specified in regulation 71(6)(a), less, in a case where the rebate to which paragraph 5 refers was subject to any deductions in respect of non-dependants pursuant to regulation 68(b) and 72, the amount of those deductions.
Movers with 2 homes
9.
Subject to paragraph 10, any extended payment (severe disablement allowance and incapacity benefit) shall be without prejudice to any entitlement the claimant may have pursuant to regulation 7(6).
Adjustment of entitlement in respect of an extended payment (severe disablement allowance and incapacity benefit)
10.
Where for any week—
then the amount of the housing benefit payable in respect of that week shall be reduced by a sum equal to the amount of the extended payment (severe disablement allowance and incapacity benefit) and only the balance, if any, shall be payable to him for that week.
Interpretation
11.
In this Schedule—
that notice shall, subject to paragraph 6, contain a statement only as to all the matters revised.
(c) informing both landlords and claimants that where a payment of housing benefit is recoverable from a landlord and the recovery is made from housing benefit payable to the landlord to discharge (in whole or in part) an obligation owed to him by a claimant, then, in a case where that claimant is not the person on whose behalf the recoverable amount was paid, that obligation shall nonetheless be taken to be discharged by the amount so recovered,
and the notice shall be sent both to the claimant and to the landlord.
12.
In this Schedule, "landlord" has the same meaning as in regulation 92.
(b) for any reason other than one mentioned in sub-paragraph (a), the decision notice shall include a statement as to the reason why no award has been made.
(2) In a case where it is—
the decision notice sent to that landlord shall identify both—
(4) In a case where the consequence of the failure to take part is that the amount of housing benefit payable is reduced, the decision notice shall include a statement as to—
(5) In a case where a new decision is made reversing an earlier decision that a person failed to take part in a work-focused interview, the decision notice shall include a statement as to—
[2] 1992 c. 8; section 1(1C) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)); in section 5 subsection (1) was amended by Article 3(1) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)) and Article 70 of, and Schedule 7 to, the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and subsection (5) was inserted by Article 3(1) of the Housing Benefit (Payment to Third Parties) (Northern Ireland) Order 1996 (S.I. 1996/2597 (N.I. 20)); section 73 was amended by Article 15 of, and paragraph 2 of Schedule 1 and Schedule 2 to, the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and section 62 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)); section 107 was substituted by Article 56 of the Social Security (Northern Ireland) Order 1998 and amended by paragraph 5 of Schedule 4 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and paragraph 7 of Schedule 6 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; section 119A was inserted by Article 10 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and in section 165 subsection (1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 and subsection (6) was amended by Schedule 7 to the Social Security (Northern Ireland) Order 1998back
[3] S.I. 1998/1506 (N.I. 10); Article 34 was amended by Schedule 9 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and paragraph 30 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and Article 74(1) was amended by paragraph 17(2) of Schedule 4 to the Tax Credits Act 2002back
[4] See Article 8(b) of S.R. 1999 No. 481back
[5] See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993; see also Article 6(b) of S.R. 1999 No. 481back
[8] S.I. 1995/755 (N.I. 2)back
[9] S.I. 1996/1919 (N.I. 16)back
[11] S.I. 1972/1265 (N.I. 14)back
[13] S.I. 1995/2705 (N.I. 15)back
[14] S.I. 2003/431 (N.I. 9)back
[17] Articles 107A and 107B were inserted by Article 3 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))back
[19] S.I. 1983/686; relevant amending Instruments are S.I. 1984/1675 and S.I. 2001/420back
[20] Part VII was amended by section 103 of, and Schedule 9 to, the Local Government Finance Act 1992 (c. 14) which replaced references to community charge benefit with references to council tax benefitback
[23] Section 71 was amended by Article 64(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))back
[26] S.I. 1991/194 (N.I. 1)back
[27] S.I. 1994/429 (N.I. 2)back
[28] S.I. 1992 /1725 (N.I. 15)back
[29] The definition of "an income-based jobseeker's allowance" was amended by paragraph 3(4)(a) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999back
[32] The definition of "a joint-claim jobseeker's allowance" was inserted by paragraph 3(4)(b) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999back
[33] The definition of "lower rate" was inserted by section 9(9) of the Finance Act 1992 (c. 20)back
[34] Part IX was substituted by Part I of Schedule 4 to the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) and amended by Article 14 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))back
[35] Articles 112A and 112B were inserted by Article 4 of the Employment (Northern Ireland) Order 2002; see S.R. 2003 No. 220 in relation to the application of Article 112B to adoptions from overseasback
[37] Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))back
[40] See Article 4(b) of S.R. 1999 No. 481 and section 1 of the Department for Employment and Learning Act (Northern Ireland) 2001 (c. 15 (N.I.))back
[41] 1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))back
[49] Section 6 was amended by Schedule 6 to the Tax Credits Act 2002 and paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 and section 8 was amended by paragraph 34 of that Scheduleback
[51] Subsection (1A) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997back
[52] S.I. 1986/595 (N.I. 4)back
[54] See, for regulation 10A and Schedule A1, paragraph 2(1) and (2) of Schedule 4 to S.R. 2006 No. 407back
[56] O.J. No. L158, 30.4.04, p.77back
[57] S.I. 2004/1219; regulation 5 was substituted by Schedule 5 to S.I. 2006/1003back
[61] S.I. 1992/1725 (N.I. 15)back
[62] The definition of "family" was amended by paragraph 99(2) of Schedule 24 to the Civil Partnership Act 2004 (c. 33)back
[63] Section 138 was substituted by section 2(2) of the Child Benefit Act 2005 (c. 6); see also regulation 2 of S.I. 2006/223back
[65] Section 141A was inserted by section 55 of the Tax Credits Act 2002 (c. 21) and amended by paragraph 101 of Schedule 24 to the Civil Partnership Act 2004 and paragraph 38 of Schedule 1 to the Child Benefit Act 2005back
[71] S.I. 1977/1250 (N.I. 17)back
[72] S.I. 1978/1045 (N.I. 15)back
[73] S.I. 1980/563 (N.I. 5)back
[74] S.I. 1987/2203 (N.I. 22)back
[75] See, for Schedule A1, paragraph 2(2) of Schedule 4 to S.R. 2006 No. 407back
[76] Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and amended by Article 61 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and paragraph 68 of Schedule 24 to the Civil Partnership Act 2004; section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and amended by paragraphs 14(b) and 18(3) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)), paragraph 21 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999, Schedule 6 to the Tax Credits Act 2002 and paragraph 69 of Schedule 24 to the Civil Partnership Act 2004; section 30C was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and amended by paragraph 37 of Schedule 3 to the Tax Credits Act 2002; section 30D was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994; section 30DD was inserted by Article 60 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and section 30E was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994back
[77] Regulation 4ZA was inserted by regulation 4 of S.R. 1996 No. 199 and amended by regulation 5(2) of S.R. 1997 No. 412, regulation 5(3) of S.R. 2000 No. 71 and the Schedule to S.R. 2000 No. 241 and Schedule 1B was inserted by Schedule 1 to S.R. 1996 No. 199 and paragraph 14 was amended by regulation 2 of S.R. 2002 No. 332back
[78] S.R. 1975 No. 113; regulation 8B was inserted by regulation 2(6) of S.R. 1996 No. 430 and amended by regulation 3 of S.R. 2000 No. 404 and regulation 2(2) of S.R. 2003 No. 151back
[80] S.I. 1986/594 (N.I. 3)back
[81] Part XIIA, which includes section 167E, was inserted by Articles 7 and 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994; section 167E was amended by paragraph 57 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))back
[82] In Schedule 4 paragraph 2 was substituted by Article 4(2) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994back
[83] Section 64 was amended by Article 63(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999back
[84] Section 68 was amended by Article 11 of, and paragraph 18 of Schedule 1 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and regulation 2(2) of S.R. 1994 No. 370 and repealed by Schedule 10 to the Welfare Reform and Pensions (Northern Ireland) Order 1999, subject to savings in Article 4 of S.R. 2000 No. 332 (C. 14)back
[86] See Article 3(6) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1))back
[89] Sections 167ZA and 167ZB were inserted by Article 5 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))back
[90] Section 167ZL was inserted by Article 6 of the Employment (Northern Ireland) Order 2002back
[91] Schedule 1B was inserted by Schedule 1 to S.R. 1996 No. 199; paragraph 14B was inserted by regulation 2(5) of S.R. 2002 No. 363 and amended by paragraph 19 of Schedule 1 to S.R. 2003 No. 195 and regulation 2(3) of S.R. 2003 No. 338back
[92] Article 146(4) was amended by paragraph 10 of Schedule 1 to the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8)), Schedule 9 to the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) and paragraph 2(6) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15)) and Article 151(3) was amended by paragraph 11 of Schedule 1 to the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998, Article 32(2) of, and Schedule 9 to, the Employment Relations (Northern Ireland) Order 1999 and paragraph 2(6) of Schedule 5 to the Employment (Northern Ireland) Order 2003back
[93] Section 112 was amended by Schedule 1 to the Employment Rights (Northern Ireland) Order 1996 and paragraph 21 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)back
[95] Section 257 was substituted by section 33 of the Finance Act 1988 (c. 39)back
[96] 1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))back
[97] Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))back
[102] Regulation 75 was substituted by regulation 8 of S.R. 1997 No. 541 and paragraph (1) was amended by regulation 8 of S.R. 1998 No. 198, regulation 2(4) of S.R. 2000 No. 197, paragraph 32(a) and (b) of Schedule 2 to S.R. 2000 No. 350, regulation 5(a) of S.R. 2001 No. 151 and regulation 2(4) of S.R. 2002 No. 275back
[103] Regulation 17A was inserted by regulation 4 of S.R. 1998 No. 198back
[105] Chapter IVA was inserted by regulation 4(4) of S.R. 1998 No. 182back
[106] Regulation 51(1) was amended by regulation 3 of S.R. 1990 No. 346back
[107] Regulation 113 was amended by S.R. 1997 No. 412, S.R. 1998 No. 326, S.R. 1999 No. 391, S.R. 2000 No. 350, S.R. 2001 No. 151, S.R. 2002 Nos. 128 and 132, S.R. 2003 No. 195, S.R. 2004 No. 389 and S.R. 2005 Nos. 98 and 424back
[108] The definition of "benefit week" was amended by regulation 2(a) of S.R. 1988 No. 318back
[109] The definition of "benefit week" was amended by regulation 2(2) of S.R. 1996 No. 358 and regulation 2(2)(a) of S.R. 1996 No. 503back
[111] S.I. 1993/2810 (N.I. 12)back
[112] S.I. 1997/1772 (N.I. 15)back
[114] 1980 c. 44; the functions of the Secretary of State were transferred to Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46)back
[117] S.I. 1986/594 (N.I. 3)back
[125] The relevant leaflets are SAS2 and SAS4back
[126] S.I. 1998/1760 (N.I. 14)back
[128] S.I. 1999/1131 (S. 91)back
[129] Section 167E was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and amended by paragraph 57 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))back
[130] Part XIIA was inserted by Articles 7 and 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994back
[131] S.I. 1998/1504 (N.I. 9)back
[132] Section 138 was substituted by section 2(2) of the Child Benefit Act 2005 (c. 6); see also regulation 2 of S.I. 2006/223back
[133] S.I. 1995/1739 (S. 119)back
[136] Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))back
[137] S.I. 1986/595 (N.I. 4)back
[138] Section 132 was amended by paragraph 41 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49)back
[140] S.I. 1987/1627 (N.I. 16)back
[141] See, for Schedule A1, paragraph 2(2) of Schedule 4 to S.R. 2006 No. 407back
[144] Section 73(3) was substituted by section 62 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))back
[145] Section 105A was inserted by Article 12 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)) and amended by paragraph 5 of Schedule 6 and Part V of Schedule 9 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and section 15(1) of the Social Security Fraud Act (Northern Ireland) 2001 (c. 17 (N.I.))back
[146] Section 106(1) was amended by paragraph 3(2) of Schedule 1 to the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and paragraph 6 of Schedule 6 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back
[147] Section 109A was inserted by Article 14 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and amended by section 13 of the Social Security Fraud Act (Northern Ireland) 2001back
[148] S.I. 1989/1341 (N.I. 12)back
[149] O.J. No. L149, 5.7.71, p.2; Regulation No. 1408/71 was restated in amended form in Regulation No. 118/97 (O.J. No. L28, 30.1.97, p.1)back
[151] Subsections (5) and (7) were added by Article 15 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997back
[152] Section 119A was inserted by Article 10 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997back
[154] S.I. 1986/1032 (N.I. 6)back
[155] Section 107 was substituted by Article 56 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 N.I. 10)) and amended by paragraph 5 of Schedule 4 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671), paragraph 7 of Schedule 6 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Schedule 2 to the National Insurance Contributions and Statutory Payments Act 2004 (c. 3)back
[157] S.I. 1978/1050 (N.I. 20)back
[158] S.I. 1983/1118 (N.I. 15)back
[159] S.I. 1978/1050 (N.I. 20)back
[160] S.I. 1981/156 (N.I. 3)back
[162] 1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))back
[163] Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))back
[164] Section 39B was inserted by Article 52(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))back
[165] S.R. 1995 No. 41; regulation 13A was inserted by regulation 4(2) of S.R. 1998 No. 324 and amended by regulation 2(2) of, and the Schedule to, S.R. 2006 No. 150back
[166] Part XIIA was inserted by Articles 7 and 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))back
[167] Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994back
[168] Section 3 was amended by Part I of Schedule 4 to the Social Security (Northern Ireland) Order 1980 (S.I. 1980/870 (N.I. 8)) and paragraph 1 of Schedule 3 to the Industrial Training (Northern Ireland) Order 1984 (S.I. 1984/1159 (N.I. 9))back
[169] Section 70 was amended by regulation 2(3) of S.R. 1994 No. 370 and Article 3 of S.R. 2002 No. 321back
[170] Section 141A was inserted by section 55 of the Tax Credits Act 2002 (c. 21) and amended by paragraph 101 of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and paragraph 38 of Schedule 1 to the Child Benefit Act 2005 (c. 6)back
[171] S.I. 2006/1254 (N.I. 9)back
[174] 1966 c. 45; section 2 was amended by section 2 of the Army Act 1992back
[178] S.I. 1983/686; article 25A was inserted by S.I. 1983/1164 and amended by S.I. 1983/1540, S.I. 1986/628, S.I. 1990/1300, S.I. 1991/708, S.I. 1992/702, S.I. 1995/445 and S.I. 2001/420back
[179] S.I. 1986/594 (N.I. 3); Article 50 was amended by the Schedule to the Education (Student Support) (Northern Ireland) Order 1998 (S.I. 1998/1760 (N.I. 14)) and Article 51 was substituted by Part II of Schedule 5 to the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))back
[183] Section 39A was inserted by Article 52(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))back
[185] Subsection (1A) was inserted by section 81(3) of the Finance Act 1994 (c. 9)back
[186] S.I. 1987/2203 (N.I. 22); Article 59A was inserted by paragraph 164 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))back
[191] Section 14F was inserted by section 115 of the Adoption and Children Act 2002 (c. 38)back
[192] S.I. 1998/1504 (N.I. 9)back
[193] Article 36 was substituted by Article 25 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1))back
[194] Articles 34C and 34D were inserted by section 2(3) of the Children (Leaving Care) Act (Northern Ireland) 2002 (c. 11 (N.I.)) and Article 35A was substituted by section 4 of that Actback
[196] 1966 c. 42 (N.I.); Part VI was substituted by paragraph 49 of Schedule 4 to the Consumer Credit Act 1974back
[200] Army Code No. 13045 published by TSOback
[201] 1917 c. 51; Queen's Regulations for the Royal Air Force are available from TSOback
[203] Army Code No. 60589 published by TSOback
[205] S.R. 1988 No. 137; relevant amending Regulations are S.R. 2003 No. 393, S.R. 2005 No. 519 and S.R. 2006 No. 180back
[208] S.I. 1983/686; Article 27(3) and paragraph 1(c) of Schedule 4 were added by, respectively, articles 2 and 3 of S.I. 1994/2021 and Schedule 4 was substituted by Schedule 3 to S.I. 2006/765back
[209] Copies of the Dispensing Instruments are available from the Department for Social Development, Social Security Policy and Legislation Division, Level 1, James House, 2-4 Cromac Avenue, Gasworks Business Park, Ormeau Road, Belfast BT7 2JAback
[212] S.I. 1977/2156 (N.I. 27)back
[214] S.I. 1983/1121 (N.I. 14)back
[215] The definition of "official error" was amended by regulation 3(2)(b) of S.R. 2002 No. 189 and paragraph 7(a)(ii) of Schedule 2 to S.R. 2003 No. 274back
[216] Section 369 was amended by section 58 of the Finance Act 1993 (c. 34), section 81 of the Finance Act 1994 (c. 9) and paragraph 6 of Schedule 18 to the Finance Act 1996 (c. 8)back
[217] Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))back
[220] S.R. 1980 No. 346; Order 109 was added by S.R. 1986 No. 184back
[222] S.I. 1980/397 (N.I. 3)back
[223] S.I. 1995/2702 (N.I. 13)back
[225] S.I. 1986/594 (N.I. 3); Article 50 was amended by the Schedule to the Education (Student Support) (Northern Ireland) Order 1998 (S.I. 1998/1760 (N.I. 14)) and Article 51 was substituted by Part II of Schedule 5 to the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))back
[228] 1989 c. 41; section 14F was inserted by section 115 of the Adoption and Children Act 2002 (c. 38)back