The Discretionary Support Regulations (Northern Ireland) 2016

  1. Introductory Text

  2. PART 1 General

    1. 1.Citation and commencement

    2. 2.Discretionary Support Awards

    3. 3.Interpretation

  3. PART 2 Claims

    1. 4.Making a claim for a discretionary support award

    2. 5.Date of claim

    3. 6.Evidence and information in connection with a claim

    4. 7.Person unable to act

    5. 8.Decision to award a loan or a grant

    6. 9.Withdrawal of a claim

  4. PART 3 Eligibility

    1. 10.Basic eligibility conditions

    2. 11.Loan eligibility

    3. 12.Grant eligibility

    4. 13.Persons excluded from discretionary support

    5. 14.Persons not eligible for discretionary support unless arising as a consequence of a disaster

  5. PART 4 Income and earnings

    1. 15.Calculation of income

    2. 16.Capital treated as income

    3. 17.Notional income

  6. PART 5 Capital

    1. 18.Calculation of capital

    2. 19.Notional capital

    3. 20.Capital jointly held

  7. PART 6 Awards and Payments

    1. 21.Principles of determination of an award

    2. 22.Conditions to be satisfied before payment of an award

    3. 23.Payment of an award

  8. PART 7 Recovery

    1. 24.Recovery of an award

  9. PART 8 Reviews

    1. 25.Reviews and further reviews

  10. Signature

    1. SCHEDULE 1

      Discretionary support loans – excluded items and services

      1. 1.Any need which occurs outside Northern Ireland.

      2. 2.An educational or training need including clothing, tools, school uniforms...

      3. 3.Work related expenses.

      4. 4.Expenses in connection with court or legal proceedings (including community...

      5. 5.Domestic assistance and respite care.

      6. 6.Medical items or services including surgical, optical, aural and dental....

      7. 7.Mobility needs.

      8. 8.Funeral and maternity expenses.

      9. 9.Any expenses which the Trusts or Local Councils have a...

      10. 10.Housing costs, including repairs modifications and improvements to the dwelling...

      11. 11.Removal or storage charges where a claimant is re-housed following...

      12. 12.Costs associated with home or personal security measures including locks,...

      13. 13.A television or radio and licence, aerial, cable, satellite or...

      14. 14.Costs of purchasing, renting, installing or maintaining a computer, telephone,...

      15. 15.Garaging, parking, taxi use, purchase and running costs of any...

      16. 16.Holidays.

      17. 17.Debts to government departments.

      18. 18.Investments.

    2. SCHEDULE 2

      Discretionary support grants – excluded items and services

      1. 1.Any need which occurs outside Northern Ireland.

      2. 2.An educational or training need including clothing, tools, school uniforms...

      3. 3.Work related expenses.

      4. 4.Expenses in connection with court or legal proceedings (including community...

      5. 5.Domestic assistance and respite care.

      6. 6.Medical items or services including surgical, optical, aural and dental....

      7. 7.Mobility needs.

      8. 8.Funeral and maternity expenses.

      9. 9.Any expenses which the Trusts or Local Government have a...

      10. 10.Housing costs, including repairs modifications and improvements to the dwelling...

      11. 11.Removal or storage charges where a claimant is re-housed following...

      12. 12.Costs associated with home or personal security measures including locks,...

      13. 13.A television or radio and licence, aerial, cable, satellite or...

      14. 14.Costs of purchasing, renting, installing or maintaining a computer telephone,...

      15. 15.Garaging, parking, taxi use, purchase and running costs of any...

      16. 16.Holidays.

      17. 17.Debts to government departments.

      18. 18.Investments.

      19. 19.Costs of fuel consumption and any associated standing charges.

      20. 20.Travel and any associated accommodation expenses required to visit a...

    3. SCHEDULE 3

      Sums to be disregarded in the calculation of an annual income threshold

      1. 1.Any earnings of a child or young person.

      2. 2.Any amount paid by way of tax, national insurance or...

      3. 3.Any payment in respect of any expenses incurred by the...

      4. 4.Any payments under article 15(1) or article 29(1) of the...

      5. 5.Access to Work payments.

      6. 6.Any reimbursements for hospital travel or prescription charges under the...

      7. 7.Northern Ireland Single Assessment Tool (NISAT).

      8. 8.Any payments made in respect of Fostering Allowance and other...

      9. 9.Expenses paid to jurors or witnesses in court cases (excluding...

      10. 10.In the case of employment as an employed earner, any...

      11. 11.In the case of a payment of statutory sick pay...

      12. 12.Any payment to the claimant as a holder of the...

      13. 13.Any payment to the claimant of a War Disablement Pension...

      14. 14.Any payment to the claimant under the Civilian War Pension...

      15. 15.Except where regulation 17 applies, income in kind.

      16. 16.Attendance Allowance under Section 64 Social Security Contributions and Benefits...

      17. 17.Disability Living Allowance under Section 71 Social Security Contributions and...

      18. 18.Guardians Allowance under Section 77 Social Security Contributions and Benefits...

      19. 19.Constant Attendance Allowance under Sections 104 and 105 Social Security...

      20. 20.Child Benefit under Section 141 Social Security Contributions and Benefits...

      21. 21.A Christmas bonus paid in accordance with sections 148 to...

      22. 22.Discretionary Housing Payments.

      23. 23.Housing Benefit.

      24. 24.Independent Living Fund.

      25. 25.Payments made under the Skipton Fund, the MacFarlane Trust and...

      26. 26.Housing Costs, based on the local housing allowance under the...

      27. 27.Charitable or voluntary payments for the claimant or their children....

      28. 28.Extra-statutory payments for non-payment of benefit, payments in kind.

      29. 29.Discharge grants paid on release from prison.

      30. 30.Arrears of residence order payments.

      31. 31.Child maintenance.

      32. 32.Any earnings or income derived from employment, or otherwise, which...

      33. 33.Where a payment, to which paragraph 32 applies, is made...

      34. 34.Adoption allowance, paid in respect of maintenance for a child...

      35. 35.Any payment arising as a result of the Welfare Supplementary...

      36. 36.Any payment arising as a result of the Welfare Supplementary...

      37. 37.Any payment arising as a result of the Welfare Supplementary...

      38. 38.Any payment arising as a result of the Welfare Supplementary...

      39. 39.Personal Independence Payments under Part 5 of the Welfare Reform...

    4. SCHEDULE 4

      Capital to be disregarded

      1. 1.Any sum— (a) paid to the claimant in consequence of...

      2. 2.Any capital which is by virtue of regulation 16 to...

      3. 3.Where funds of a trust are derived from a payment...

      4. 4.Any payment made by the Victims and Survivors Service.

      5. 5.Any payment to the claimant of a War Disablement Pension...

      6. 6.Any payment to the claimant under the Civilian War Pension...

      7. 7.Any payments under article 15(1) or article 29(1) of the...

      8. 8.Any social fund payment.

      9. 9.Any discretionary support payment.

      10. 10.The surrender value of any policy of life insurance.

      11. 11.The value of the right to receive any income under...

      12. 12.Any capital of a child or young person who is...

      13. 13.Personal Independence Payments under Part 5 of the Welfare Reform...

      14. 14.Any payment arising as a result of the Welfare Supplementary...

      15. 15.Any payment arising as a result of the Welfare Supplementary...

      16. 16.Any payment arising as a result of the Welfare Supplementary...

  12. Explanatory Note