The Discretionary Support Regulations (Northern Ireland) 2016

1Citation and commencement

2Discretionary Support Awards

3Interpretation

4Making a claim for a discretionary support award

6Evidence and information in connection with a claim

7Person unable to act

8Decision to award a loan or a grant

9Withdrawal of a claim

PART 3Eligibility

10Basic eligibility conditions

11Loan eligibility

12Grant eligibility

13Persons excluded from discretionary support

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

PART 4Income and earnings

15Calculation of income

16Capital treated as income

17Notional income

18Calculation of capital

19Notional capital

20Capital jointly held

PART 6Awards and Payments

21Principles of determination of an award

22Conditions to be satisfied before payment of an award

23Payment of an award

24Recovery of an award

25Reviews and further reviews

SCHEDULE 1Discretionary support loans – excluded items and services

1Any need which occurs outside Northern Ireland.

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

3Work related expenses.

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

5Domestic assistance and respite care.

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

7Mobility needs.

8Funeral and maternity expenses.

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

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

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

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

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

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

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

17Debts to government departments.

SCHEDULE 2Discretionary support grants – excluded items and services

1Any need which occurs outside Northern Ireland.

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

3Work related expenses.

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

5Domestic assistance and respite care.

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

7Mobility needs.

8Funeral and maternity expenses.

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

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

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

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

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

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

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

17Debts to government departments.

19Costs of fuel consumption and any associated standing charges.

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

SCHEDULE 3Sums to be disregarded in the calculation of an annual income threshold

1Any earnings of a child or young person.

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

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

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

5Access to Work payments.

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

7Northern Ireland Single Assessment Tool (NISAT).

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

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

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

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

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

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

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

15Except where regulation 17 applies, income in kind.

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

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

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

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

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

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

22Discretionary Housing Payments.

23Housing Benefit.

24Independent Living Fund.

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

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

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

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

29Discharge grants paid on release from prison.

30Arrears of residence order payments.

31Child maintenance.

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

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

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

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

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

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

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

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

SCHEDULE 4Capital to be disregarded

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

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

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

4Any payment made by the Victims and Survivors Service.

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

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

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

8Any social fund payment.

9Any discretionary support payment.

10The surrender value of any policy of life insurance.

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

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

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

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

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

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

2016 No. 270

Welfare Reform

The Discretionary Support Regulations (Northern Ireland) 2016

Made6th July 2016

Coming into operation in accordance with regulation 1

The Department for Communities1 in exercise of the powers conferred by Articles 135 & 136(5) of the Welfare Reform (Northern Ireland) Order 20152makes the following Regulations.

In accordance with Article 135(5) of that Order, a draft of these Regulations was laid before, and approved by a resolution of, the Assembly.