- Latest available (Revised)
- Original (As made)
This version of this schedule contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
The Welfare Reform (Northern Ireland) Order 2015, SCHEDULE 4 is up to date with all changes known to be in force on or before 03 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
Prospective
Article 40
1. The State Pension Credit Act (Northern Ireland) 2002 is amended as follows.
2. In section 1 (entitlement), in subsection (2)(c) at the end insert—N.I.
“or
(iii)the conditions in section 3A(1) and (2) (housing credit).”
3. In section 1, in subsection (3)—N.I.
(a)after paragraph (b) insert—
“or
(c)to a housing credit, calculated in accordance with section 3A, if he satisfies the conditions in subsections (1) and (2) of that section,”;
(b)for the words from “(or to both” to the end substitute “ (or to more than one of them, if he satisfies the relevant conditions). ”
4. After section 3 insert—N.I.
(1) The first of the conditions mentioned in section 1(2)(c)(iii) is that the claimant is liable to make payments in respect of the accommodation he occupies as his home.
(2) The second of the conditions mentioned in section 1(2)(c)(iii) is that the claimant's capital and income are such that the amount of the housing credit payable (if he were entitled to it) would not be less than a prescribed amount.
(3) Where the claimant is entitled to a housing credit, the amount of the housing credit shall be an amount calculated in or determined under regulations (which may be zero).
(4) For the purposes of subsection (1)—
(a)the accommodation must be in Northern Ireland;
(b)the accommodation must be residential accommodation;
(c)it is immaterial whether the accommodation consists of the whole or part of a building and whether or not it comprises separate and self-contained premises.
(5) Regulations may make provision as to—
(a)the meaning of “payments in respect of accommodation” for the purposes of this section (and, in particular, as to the extent to which such payments include mortgage payments);
(b)circumstances in which a claimant is to be treated as liable or not liable to make such payments;
(c)circumstances in which a claimant is to be treated as occupying or not occupying accommodation as his home (and, in particular, for temporary absences to be disregarded);
(d)circumstances in which land used for the purposes of any accommodation is to be treated as included in the accommodation.
(6) Regulations under this section may make different provision for different areas.”
5. In section 7 (fixing of retirement provision for assessed income period), at the end insert—N.I.
“(10) Regulations may prescribe circumstances in which subsection (3) does not apply for the purposes of determining the amount of a housing credit to which the claimant is entitled.”
6. In section 12 (polygamous marriages), in subsection (2)(b), after “savings credit” insert “ or housing credit ”.N.I.
7. In section 17 (interpretation), in subsection (1), after the definition of “guarantee credit” insert—N.I.
““housing credit” shall be construed in accordance with sections 1 and 3A;”.
8. In Schedule 2 (consequential amendments etc.), paragraph 9(d)(i) is repealed.N.I.
9. The Social Security Administration (Northern Ireland) Act 1992 is amended as follows.
10. In section 5 (regulations about claims and payments), in subsection (5), before “subsection” insert “ or housing credit (within the meaning of the State Pension Credit Act (Northern Ireland) 2002) ”.N.I.
F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Textual Amendments
F1Sch. 4 para. 11 repealed (6.4.2018) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(1), 15(12)(f)(ii); S.R. 2018/66, art. 2(1) (with art. 2(2)(3))
12. In section 60 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (discretionary financial assistance with housing), in subsection (1)(a), after “universal credit” insert “ or housing credit (within the meaning of the State Pension Credit Act (Northern Ireland) 2002) ”.
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Order you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: