- Draft legislation
This is a draft item of legislation. This draft has since been made as a Northern Ireland Statutory Rule: The Discretionary Support Regulations (Northern Ireland) 2016 No. 270
10.—(1) A discretionary support award may be made where—
(a)an extreme, exceptional or crisis situation presents a significant risk to the health, safety or well-being of the claimant or a member of the claimant’s immediate family;
(b)the need for discretionary support occurs in Northern Ireland;
(c)the claimant’s income does not exceed the annual income threshold;
(d)the claimant is–
(i)at least 18 years old, except where child benefit is payable in respect of the claimant; or
(ii)a minimum of 16 years old in the case of a young person who is without parental support; and
(e)the need must be satisfied in Northern Ireland.
(2) For the purposes of this regulation a person is not entitled to a discretionary support award unless the person—
(a)is ordinarily resident in Northern Ireland; and
(b)is present in Northern Ireland.
(3) Except in the case of a disaster, discretionary support shall not be awarded in respect of —
(a)living expenses for which a discretionary support award has already been made;
(b)a claim for the same or other items made within any rolling 12 month period from the date an award is made by the same claimant; or
(c)any loan in relation to regulation 11(1)(c) or (d) which exceeds the 3 loan maximum as set out in sub-paragraph (d).
(d)Subject to regulation 12 a claimant is not eligible to be awarded more than three loans or one grant in a rolling 12 month period.
(4) In this regulation young person is without parental support means, where that person is not being looked after by an authority and—
(a)has no parents;
(b)has parents, but cannot live with those parents because–
(i)the person is estranged from them; or
(ii)there is a serious risk to the person’s physical or mental health, or that person would suffer significant harm if the person lived with them; or
(c)is living away from those parents, and neither parent is able to support the person financially because that parent–
(i)has a physical or mental impairment; or
(ii)is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court.
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