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The Discretionary Support Regulations (Northern Ireland) 2016

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Regulation 11(2)

SCHEDULE 1Discretionary support loans – excluded items and services

1.  Any need which occurs outside Northern Ireland.

2.  An educational or training need including clothing, tools, school uniforms or sports clothes, equipment for use at school, school meals and travel to and from school.

3.  Work related expenses.

4.  Expenses in connection with court or legal proceedings (including community service orders) such as legal fees, court fees, fines, costs, damages, subsistence or travelling expenses.

5.  Domestic assistance and respite care.

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

7.  Mobility needs.

8.  Funeral and maternity expenses.

9.  Any expenses which the Trusts or Local Councils have a statutory duty to meet.

10.  Housing costs, including repairs modifications and improvements to the dwelling occupied as the main home, including any garage, garden and outbuildings, and including deposits to secure accommodation, mortgage payments, rates, water rates, sewerage rates, service charges, rent and all other charges for accommodation except rent payable under regulation 11(1)(d).

11.  Removal or storage charges where a claimant is re-housed following the imposition of a compulsory purchase order, or a redevelopment or closing order, or a compulsory exchange of tenancies, or pursuant to the Northern Ireland Housing Executive’s statutory duty to the homeless under the Housing (Northern Ireland) Order 1988(1).

12.  Costs associated with home or personal security measures including locks, bolts for outside doors or windows, door chains, door viewers, installation of closed-circuit television, burglar alarms or security lighting.

13.  A television or radio and licence, aerial, cable, satellite or rental charges for a television or radio.

14.  Costs of purchasing, renting, installing or maintaining a computer, telephone, mobile phone or internet including software, call or usage charges.

15.  Garaging, parking, taxi use, purchase and running costs of any motor vehicle except travelling expenses payable to assist with an urgent crisis or emergency under regulation 11(1)(c).

16.  Holidays.

17.  Debts to government departments.

18.  Investments.

Regulation 12(5)

SCHEDULE 2Discretionary support grants – excluded items and services

1.  Any need which occurs outside Northern Ireland.

2.  An educational or training need including clothing, tools, school uniforms or sports clothes, equipment for use at school, school meals and travel to and from school.

3.  Work related expenses.

4.  Expenses in connection with court or legal proceedings (including community service orders) such as legal fees, court fees, fines, costs, damages, subsistence or travelling expenses.

5.  Domestic assistance and respite care.

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

7.  Mobility needs.

8.  Funeral and maternity expenses.

9.  Any expenses which the Trusts or Local Government have a statutory duty to meet.

10.  Housing costs, including repairs modifications and improvements to the dwelling occupied as the main home, including any garage, garden, outbuildings, and including deposits to secure accommodation, mortgage payments, rates, water rates, sewerage rates, service charges, rent and all other charges for accommodation, whether or not such charges include payment for meals or services except daily living expenses such as food and groceries where such expenses are incurred in caring for a prisoner or young offender on temporary release under Rule 27 of the Prison and Young Offenders Centres Rules (Northern Ireland) 1995(2).

11.  Removal or storage charges where a claimant is re-housed following the imposition of a compulsory purchase order, or a redevelopment or closing order, or a compulsory exchange of tenancies, or, pursuant to the Northern Ireland Housing Executive’s statutory duty to the homeless under the Housing (Northern Ireland) Order 1988(3).

12.  Costs associated with home or personal security measures including locks, bolts for outside doors or windows, door chains, door viewers, installation of closed-circuit television, burglar alarms or security lighting.

13.  A television or radio and licence, aerial, cable, satellite or rental charges for a television or radio.

14.  Costs of purchasing, renting, installing or maintaining a computer telephone, mobile phone or internet including software, call or usage charges.

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

16.  Holidays.

17.  Debts to government departments.

18.  Investments.

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

20.  Travel and any associated accommodation expenses required to visit a close relative who is ill, attend a close relative’s funeral, ease a domestic crisis, and visit a child who is with the other parent pending a family court decision or to move to other accommodation.

Regulation 15(4)

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

1.  Any earnings of a child or young person.

2.  Any amount paid by way of tax, national insurance or pension contributions where—

(a)any relievable pension contributions have been made by the person in that period;

(b)any amounts paid by the person in that period in respect of the employment by way of income tax or primary Class 1 contributions under section 6(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(4);

(c)Class 2 contributions payable under section 11(1) or (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or any Class 4 contributions payable under section 15 of that Act; or

(d)income tax; and any relievable pension contributions made by the person in the assessment period (unless a deduction has been made in respect of those contributions in calculating a person’s employed earnings).

3.  Any payment in respect of any expenses incurred by the claimant who is—

(a)engaged by a charitable or voluntary body; or

(b)a volunteer,

if the claimant otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 17(5).

4.  Any payments under article 15(1) or article 29(1) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(5).

5.  Access to Work payments.

6.  Any reimbursements for hospital travel or prescription charges under the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004(6).

7.  Northern Ireland Single Assessment Tool (NISAT).

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

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

10.  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.

11.  In the case of a payment of statutory sick pay under Part XI of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or statutory maternity pay under Part XII, or statutory paternity pay under Part XIIZA, or statutory adoption pay under Part XIIZB, or any remuneration paid by, or on behalf of, an employer to the claimant who for the time being is unable to work due to illness or maternity under Part XIIA——

(a)any amount deducted by way of primary Class 1 contributions;

(b)any sum paid by the claimant by way of a contribution toward an occupational or personal pension scheme.

12.  Any payment to the claimant as a holder of the Victoria Cross or George Cross or any analogous payment.

13.  Any payment to the claimant of a War Disablement Pension if the injury or illness happened or developed on or before 5 April 2005 and it is linked to Service in the Armed Forces.

14.  Any payment to the claimant under the Civilian War Pension Scheme (The Personal Injuries (Civilians)) Scheme 1983(7).

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

16.  Attendance Allowance under Section 64 Social Security Contributions and Benefits (NI) Act 1992.

17.  Disability Living Allowance under Section 71 Social Security Contributions and Benefits (NI) Act 1992.

18.  Guardians Allowance under Section 77 Social Security Contributions and Benefits (NI) Act 1992.

19.  Constant Attendance Allowance under Sections 104 and 105 Social Security Contributions and Benefits (NI) Act 1992.

20.  Child Benefit under Section 141 Social Security Contributions and Benefits (NI) Act 1992.

21.  A Christmas bonus paid in accordance with sections 148 to 150 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

22.  Discretionary Housing Payments.

23.  Housing Benefit.

24.  Independent Living Fund.

25.  Payments made under the Skipton Fund, the MacFarlane Trust and the Eileen Trust; and any payments of compensation arising from variant Creutzfeld Jacob disease (CJD).

26.  Housing Costs, based on the local housing allowance under the Housing Benefit Regulations (Northern Ireland) 2006(8), for those not on Housing Benefit.

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

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

29.  Discharge grants paid on release from prison.

30.  Arrears of residence order payments.

31.  Child maintenance.

32.  Any earnings or income derived from employment, or otherwise, which are payable in a country outside Northern Ireland for such period during which there is a prohibition against a transfer to Northern Ireland of those earnings or income.

33.  Where a payment, to which paragraph 32 applies, is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

34.  Adoption allowance, paid in respect of maintenance for a child who has been adopted.

35.  Any payment arising as a result of the Welfare Supplementary Payments Regulations (Northern Ireland) 2016(9).

36.  Any payment arising as a result of the Welfare Supplementary Payment (Loss of Disability Living Allowance) Regulations (Northern Ireland) 2016(10).

37.  Any payment arising as a result of the Welfare Supplementary Payment (Loss of Disability-Related Premiums) Regulations (Northern Ireland) 2016(11).

38.  Any payment arising as a result of the Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016(12).

39.  Personal Independence Payments under Part 5 of the Welfare Reform (Northern Ireland) Order 2015(13).

Regulation 18(3)

SCHEDULE 4Capital to be disregarded

1.  Any sum—

(a)paid to the claimant in consequence of damage to, or loss of the home or any personal possession and intended for its repair or replacement; or

(b)acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvements to the home,

which is to be used for the intended purpose, 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.

2.  Any capital which is by virtue of regulation 16 to be treated as income.

3.  Where funds of a trust are derived from a payment made in consequence of any personal injury to the claimant the value of the trust fund and the value of the right to receive any payment.

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

5.  Any payment to the claimant of a War Disablement Pension if the injury or illness happened or developed on or before 5 April 2005 and it is linked to Service in the Armed Forces.

6.  Any payment to the claimant under the Civilian War Pension Scheme (The Personal Injuries (Civilians)) Scheme 1983(14).

7.  Any payments under article 15(1) or article 29(1) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(15).

8.  Any social fund payment.

9.  Any discretionary support payment.

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

11.  The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.

12.  Any capital of a child or young person who is a member of the claimant’s immediate family.

13.  Personal Independence Payments under Part 5 of the Welfare Reform (Northern Ireland) Order 2015(16).

14.  Any payment arising as a result of the Welfare Supplementary Payment (Loss of Disability Living Allowance) Regulations (Northern Ireland) 2016(17).

15.  Any payment arising as a result of the Welfare Supplementary Payment (Loss of Disability-Related Premiums) Regulations (Northern Ireland) 2016(18).

16.  Any payment arising as a result of the Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016(19).

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