The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

Regulation 103(2)

SCHEDULE 6 Sums to be Disregarded in the Calculation of Income other than Earnings

1.  Any amount paid by way of tax on income which is taken into account under regulation 103 (calculation of income other than earnings).

2.  Any payment in respect of any expenses incurred by a claimant who is—

(a) engaged by a charitable or voluntary organisation, or

(b) a volunteer,

if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 105(13) (notional income).

3.  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.

4.  In the case of a payment of statutory sick pay or statutory maternity pay under Part XI or Part XII of the Benefits Act 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—

(a) any amount deducted by way of primary Class 1 contributions under the Benefits Act;

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

5.  In the case of the payment of statutory sick pay or statutory maternity pay under Part XI or XII of the Social Security Contributions and Benefits Act 1992(1)—

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

(b) one half of any sum paid by way of a contribution towards an occupational or personal pension scheme.

6.  Any housing benefit.

7.  The mobility component of disability living allowance, or any mobility allowance accrued under the repealed section 37A of the Social Security (Northern Ireland) Act 1975(2).

8.  Any concessionary payment made to compensate for the non-payment of—

(a) any payment specified in paragraph 7 or 10;

(b) a jobseeker’s allowance or income support.

9.  Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.

10.  Any attendance allowance or the care component of disability living allowance, but, where the claimant’s applicable amount falls to be calculated in accordance with Schedule 3 (applicable amounts of persons in residential care and nursing homes) only to the extent that it exceeds the amount for the time being specified as the higher rate of attendance allowance for the purposes of section 64(3) of the Benefits Act or, as the case may be, the highest rate of the care component of disability living allowance for the purposes of section 72(4)(a) of that Act.

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

12.  Any sum in respect of a course of study attended by a child or young person payable by virtue of regulations made under Article 50, 51 or 55(1) of the Education and Libraries (Northern Ireland) Order 1986(3) (provisions for people to take advantage of educational facilities).

13.  In the case of a claimant to whom regulation 11 (part-time students) applies, any sums intended for any expenditure specified in regulation 131(2) (calculation of grant income) necessary as a result of his attendance on his course.

14.  In the case of a claimant participating in provision or arrangements for training under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or section 1(1) of the Employment and Training Act (Northern Ireland) 1950—

(a) any travelling expenses reimbursed to the claimant;

(b) any lodging allowance under section 4 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or section 3(3) of the Employment and Training Act (Northern Ireland) 1950 but only to the extent that his rent or rates payable in respect of accommodation not normally occupied by him as his home are not met by housing benefit;

(c) any training premium under the Employment and Training Act (Northern Ireland) 1950,

but this paragraph, except in so far as it relates to a payment under sub-paragraph (a), (b) or (c) does not apply to any part of any allowance under section 4 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or section 3(3) of the Employment and Training Act (Northern Ireland) 1950.

15.—(1) Subject to sub-paragraph (3) and paragraphs 38, 39 and 41, £20 of any charitable payment or of any voluntary payment made or due to be made at regular intervals, except any payment to which sub-paragraph (2) or paragraph 16 applies.

(2) Subject to sub-paragraphs (3) and (6) and paragraph 41, any charitable payment or voluntary payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs) or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes), of a single claimant or, as the case may be, of the claimant or any other member of his family.

(3) Sub-paragraphs (1) and (2) shall not apply—

(a) to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children;

(b) to a payment made—

(i) to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes), or

(ii) to a member of the family of such a person where the payment is made by virtue of that person’s involvement in the trade dispute.

(4) For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were one such payment.

(5) For the purposes of sub-paragraph (2) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.

(6) Sub-paragraph (2) shall apply to a claimant in a residential care home or nursing home only if his applicable amount falls to be calculated in accordance with regulation 86.

16.—(1) Subject to paragraphs (2) to (4), in the case of a claimant placed in a residential care home or nursing home by the Department under Article 36 of the 1972 Order, any charitable payment or voluntary payment made or due to be made at regular intervals.

(2) This paragraph shall apply only where—

(a) the claimant was placed in the residential care home or nursing home by the Department because the home was the preferred choice of the claimant, and

(b) the cost of the accommodation was in excess of what the Department would normally expect to pay having regard to the needs of the claimant assessed by the Department.

(3) This paragraph shall not apply in the case of a person whose applicable amount falls to be calculated under regulation 86 (persons in residential care or nursing homes with preserved rights).

(4) The amount to be disregarded under sub-paragraph (1) shall not exceed the difference between the actual cost of the accommodation provided by the Department and the cost the Department would normally incur for a person with the particular needs of the claimant.

17.  Subject to paragraphs 38 and 39, £10 of any of the following, namely—

(a) a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 9 or 10);

(b) a war widow’s pension;

(c) a pension payable to a person as a widow under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(4) insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865(5) or the Pensions and Yeomanry Pay Act 1884(6), or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(7) and any power of Her Majesty otherwise than under any statutory provision, to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

(d) a payment made to compensate for the non-payment of such a pension as is mentioned in sub-paragraphs (a) to (c);

(e) a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions mentioned in sub-paragraphs (a) to (c);

(f) a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.

18.  Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions—

(a) that the loan was made as part of a scheme under which not less than 90 per cent. of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of 2 or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;

(b) that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;

(c) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;

(d) that the loan was secured on a dwelling in Northern Ireland and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling, and

(e) that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid,

the amount, calculated on a weekly basis equal to—

(i) where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988(8) (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act(9);

(ii) in any other case the interest which is payable on the loan without deduction of such a sum.

19.  Any payment made to the claimant by a person who normally resides with the claimant, which is a contribution towards that person’s living and accommodation costs, except where that person is residing with the claimant in circumstances to which paragraph 20 or 21 refers.

20.  Where the claimant occupies a dwelling as his home and the dwelling is also occupied by another person and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family—

(a) £4 of the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family, and

(b) a further £9·25, where the aggregate of any such payments is inclusive of an amount for heating.

21.  Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—

(a) where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such persons does not exceed £20, 100 per cent. of such payments, or

(b) where the aggregate of any such payments exceeds £20, £20 and 50 per cent. of the excess over £20.

22.—(1) Subject to sub-paragraph (2), except where regulation 105(10)(a)(i) (notional income) applies or in the case of a payment made—

(a) to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes), or

(b) to a member of the family of such a person where the payment is made by virtue of that person’s involvement in the trade dispute,

any income in kind.

(2) The exceptions under sub-paragraph (1) shall not apply where the income in kind is received from the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds.

23.—(1) Any income derived from capital to which the claimant is, or is treated under regulation 115 (capital jointly held) as, beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraph 1, 2, 4 to 8, 11 or 17 of Schedule 7.

(2) Income derived from capital disregarded under paragraph 2 or 4 to 8 of Schedule 7 but only to the extent of—

(a) any mortgage repayments made in respect of the premises or land in the period during which that income accrued, or

(b) any rates which the claimant is liable to pay in respect of the premises or land and which are paid in the period during which that income accrued.

(3) Where income is derived from conacre or agistment letting any expenses reasonably incurred thereon including the repayment of interest and capital on any loan used for the purchase of land under the Northern Ireland Land Act 1925(10).

24.  Any income which is payable in a country outside the United Kingdom for such period during which there is prohibition against the transfer to the United Kingdom of that income.

25.  Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

26.—(1) Any payment made to the claimant in respect of a child or young person who is a member of his family—

(a) in accordance with a scheme approved by the Department under Article 59(4) of the Adoption (Northern Ireland) Order 1987(11) (schemes for payments of allowances to adopters);

(b) in accordance with a scheme approved by the Secretary of State under section 57(4) of the Adoption Act 1976(12) or, as the case may be, section 51(5) of the Adoption (Scotland) Act 1978(13) (schemes for payments of allowances to adopters);

(c) which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989(14) (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order),

to the extent specified in sub-paragraph (2).

(2) In the case of a child or young person—

(a) to whom regulation 106(5) (capital in excess of £3,000) applies, the whole payment;

(b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the applicable amount in respect of that child or young person and where applicable to him any amount by way of a disabled child premium.

27.  Any payment made by a Health and Social Services Board or an HSS trust or training school within the meaning of section 137 of the Children and Young Persons Act (Northern Ireland) 1968(15) to the claimant with whom a person is accommodated by virtue of arrangements made under Article 27(2)(a) of the Children (Northern Ireland) Order 1995(16) or by a voluntary organisation under Article 75(1)(a) of that Order.

28.  Any payment made by a Health and Social Services Board or an HSS trust, training school or voluntary organisation to the claimant in respect of a person who is not normally a member of the claimant’s household but is temporarily in his care.

29.  Except in the case of a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes), any payment made by a Health and Social Services Board or an HSS trust under Article 18, 35 or 36 of the Children (Northern Ireland) Order 1995 (Health and Social Services Boards' or HSS trusts' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care).

30.  Subject to sub-paragraph (2), any payment received under an insurance policy, taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under paragraph 14 or 15 of Schedule 2 (housing costs in respect of loans to acquire an interest in the dwelling, or for repairs and improvements to the dwelling, occupied as the home) and used to meet such repayments, to the extent that it does not exceed the aggregate of—

(a) the amount, calculated on a weekly basis, of any interest on that loan which is in excess of the amount met in accordance with Schedule 2 (housing costs);

(b) the amount of any payment, calculated on a weekly basis, due on the loan attributable to the repayment of capital, and

(c) any amount due by way of premiums on—

(i) that policy, or

(ii) an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home.

(2) This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 105(10)(a)(ii) (notional income).

31.—(1) Except where paragraph 30 applies, and subject to sub-paragraph (2), any payment made to the claimant which is intended to be used and is used as a contribution towards—

(a) any payment due on a loan if secured on the dwelling occupied as the home which does not qualify under Schedule 2 (housing costs);

(b) any interest payment or charge which qualifies in accordance with paragraphs 14 to 16 of Schedule 2 to the extent that the payment or charge is not met;

(c) any payment due on a loan which qualifies under paragraph 14 or 15 of Schedule 2 attributable to the payment of capital;

(d) any amount due by way of premiums on—

(i) an insurance policy taken out to insure against the risk of being unable to make the payments referred to in heads (a) to (c), or

(ii) an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home;

(e) his rent in respect of the dwelling occupied by him as his home but only to the extent that it is not met by housing benefit; or his accommodation charge but only to the extent that the actual charge increased, where appropriate, in accordance with paragraph 2 of Schedule 3 exceeds the amount determined in accordance with regulation 86 (residential care and nursing homes) or the amount payable by the Department under Article 36(3) of the 1972 Order.

(2) This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 105(10)(a)(ii) (notional income).

32.—(1) Subject to sub-paragraphs (2) and (3), in the case of a claimant in a residential care home or nursing home, any payment, whether or not the payment is charitable or voluntary but not a payment to which paragraph 16 applies, made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home.

(2) This paragraph shall not apply to a claimant for whom accommodation in a residential care home or nursing home is provided by the Department under Article 15 or 36 of the 1972 Order or whose applicable amount falls to be calculated in accordance with regulation 86 (residential care and nursing homes).

(3) The amount to be disregarded under this paragraph shall not exceed the difference between—

(a) the claimant’s applicable amount less any of the amounts referred to in paragraph 10 of Schedule 3 (personal allowances) which would be applicable to the claimant if his applicable amount fell to be calculated in accordance with that Schedule, and

(b) the weekly charge for the accommodation.

33.  Any social fund payment made pursuant to Part VIII of the Benefits Act.

34.  Any payment of income which under regulation 110 (income treated as capital) is to be treated as capital.

35.  Any payment under Part X of the Benefits Act (pensioner’s Christmas bonus).

36.  In the case of a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes), any payment up to the amount of the prescribed sum within the meaning of Article 17(2)(d) of the Order made by a trade union.

37.  Any payment which is due to be paid before the date of claim which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.

38.  The total of a claimant’s income or, if he is a member of a family, the family’s income and the income of any person which he is treated as possessing under regulation 88(4) (calculation of income and capital of members of claimant’s family and of a polygamous marriage) to be disregarded under regulations 132(2)(b) and 133(1)(c) (calculation of covenant income where a contribution assessed) and regulation 136(2) (treatment of student loans) and paragraphs 15(1) and 17 shall in no case exceed £20 per week.

39.  Notwithstanding paragraph 38, where 2 or more payments of the same kind and from the same source are to be taken into account in the same benefit week, there shall be disregarded from each payment the sum which would otherwise fall to be disregarded under this Schedule; but this paragraph shall only apply in the case of a payment which it has not been practicable to treat under regulation 96(1)(b) (date on which income treated as paid) as paid on the first day of the benefit week in which it is due to be paid.

40.  Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) (Amendment No. 2) Regulations (Northern Ireland) 1987(17).

41.—(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust (“the Trusts”) or the Independent Living Funds.

(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

(a) that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced;

(b) any child or young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

(3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

(a) the person who is suffering from haemophilia or who is a qualifying person;

(b) any child or young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

(4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—

(a) that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person’s family, and

(b) the payment is made either—

(i) to that person’s parent or step-parent, or

(ii) where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education, and had no parent or step-parent, to his guardian,

but only for a period from and including the date of the payment until the end of 2 years from that person’s death.

(5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—

(a) that person at the date of his death (“the relevant date”) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family, and

(b) the payment is made either—

(i) to that person’s parent or step-parent, or

(ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education, and had no parent or step-parent, to his guardian,

but only for a period of 2 years from and including the relevant date.

(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any income which derives from any payment of income or capital made under or deriving from any of the Trusts.

42.  Any payment made by the Department to compensate for the loss (in whole or in part) of entitlement to housing benefit.

43.  Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the Order or the Benefits Act.

44.  Any community charge benefit.

45.  Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988(18) or section 9A of the Abolition of Domestic Rates etc. (Scotland) Act 1987(19) (reduction of liability for personal community charges) or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992(20) (reduction of liability for council tax).

46.  Any special war widows payment made under—

(a) the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865(21);

(b) the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977(22);

(c) the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917(23);

(d) the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980(24);

(e) the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980(25),

and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e).

47.—(1) Any payment or repayment made under regulation 3, 5 or 8 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 1989(26) (entitlement to full remission and payment, persons entitled to remission in part or payment in part, or repayment).

(2) Any payment or repayment made by the Department which is analogous to a payment or repayment mentioned in sub-paragraph (1).

48.  Any payment made under regulation 8, 9, 10 or 12 of the Welfare Foods Regulations (Northern Ireland) 1988(27) (failure to receive milk tokens, inability to purchase dried milk at a reduced price, inability to obtain free vitamins or absence of beneficiary for less than a week).

49.  Any payment made under a scheme established by the Northern Ireland Office to assist relatives and other persons to visit persons in custody.

50.  Any payment (other than a training allowance) made, whether by the Department of Economic Development or by any other person, under the Disabled Persons (Employment) Act (Northern Ireland) 1945(28) or in accordance with arrangements made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950(29) to assist disabled persons to obtain or retain employment despite their disability.

51.  Any council tax benefit.

52.  Where the claimant is in receipt of any benefit under Parts II, III or V of the Benefits Act or pension under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(30), any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of that Act or the rate of that pension under that Order where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

53.  Any supplementary pension under Article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(31) (pensions to widows).

54.  In the case of a pension awarded at the supplementary rate under Article 27(3) of the Personal Injuries (Civilians) Scheme 1983(32) (pensions to widows), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.

55.—(1) Any payment which is—

(a) made under any of the Dispensing Instruments to a widow of a person—

(i) whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown, and

(ii) whose service in such capacity terminated before 31st March 1973, and

(b) equal to the amount specified in Article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).

(2) In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922(33) (exceptional grants of pay, non-effective pay and allowances).

(1)

1992 c. 4

(2)

1975 c. 15; section 37A was inserted by Article 24 of the Social Security Pensions (Northern Ireland) Order 1975 (S.I. 1975/1503 (N.I. 15)) and amended by Article 4 of the Social Security (Northern Ireland) Order 1979 (S.I. 1979/396 (N.I. 5)), Article 72(1) to (3) of the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18)) and Article 10 of the Social Security (Northern Ireland) Order 1989 (S.I. 1989/1342 (N.I. 13))

(3)

S.I. 1986/594 (N.I. 3)

(4)

S.I. 1988/883; relevant amending instruments are S.I. 1993/598 and S.I. 1994/1906. The Order needs to be read subject to the provisions of section 168 of the Pensions Act 1995 (c. 26), the effect of which is to disregard subsequent marriages which have been dissolved or been the subject of a decree of judicial separation, in determining a person’s entitlement to a widow’s pension

(5)

28 & 29 Vict. c. 73

(6)

47 & 48 Vict. c. 55

(7)

1977 c. 5

(8)

1988 c. 1

(9)

Section 369(1A) was inserted by section 81(3) of the Finance Act 1994 (c. 9)

(10)

1925 c. 24

(11)

S.I. 1987/2203 (N.I. 22)

(12)

1976 c. 36

(13)

1978 c. 28

(14)

1989 c. 41

(15)

1968 c. 34 (N.I.)

(16)

S.I. 1995/755 (N.I. 2)

(17)

S.R. 1987 No. 391

(18)

1988 c. 41; section 13A was inserted by paragraph 5 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42)

(19)

1987 c. 47; section 9A was inserted by section 143 of the Local Government and Housing Act 1989

(20)

1992 c. 14

(21)

1865 c. 73; copies of the Order are available from the Ministry of Defence, NPC2, Room 317, Archway Block South, Old Admiralty Building, Spring Gardens, London SW1A 2BE

(22)

Army Code No. 13045 published by HMSO Back [22]

(23)

1917 c. 51; Queen’s Regulations for the Royal Air Force are available from HMSO

(24)

1980 c. 9

(25)

Army Code No. 60589 published by HMSO

(26)

S.R. 1989 No. 348; relevant amending regulations are S.R. 1990 No. 164, S.R. 1992 No. 234 and S.R. 1993 No. 161

(27)

S.R. 1988 No. 137; relevant amending regulations are S.R. 1991 No. 81

(28)

1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

(29)

1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))

(30)

S.I. 1983/883

(31)

Article 29(1A) was inserted by S.I. 1994/1906

(32)

S.I. 1983/686; relevant amending regulations are S.I. 1994/2021 and S.I. 1995/445

(33)

Copies of the Dispensing Instruments are available from the Department of Health and Social Services, Social Security Policy and Legislation Division, Castle Buildings, Stormont, Belfast, BT4 3SQ