The Housing Benefit Regulations (Northern Ireland) 2006 No. 405

SCHEDULE 5 N.I. Sums to be disregarded in the calculation of earnings

Modifications etc. (not altering text)

C1 Sch. 5 applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 19(2)

1.  In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Northern Ireland, would have been so engaged— N.I.

(a) where—

(i) the employment has been terminated because of retirement, and

(ii) on retirement he is entitled to a retirement pension under the Act, or is not so entitled solely because of his failure to satisfy the contribution conditions,

any earnings [F1 paid or due to be paid] in respect of that employment, but only for a period commencing on the day immediately after the date on which the employment was terminated;

[F2 (b) where before the first day of entitlement to housing benefit the employment has been terminated otherwise than because of retirement, any earnings paid or due to be paid in respect of that employment except—

(i) any payment of the nature described in regulation 32(1)(e), or

(ii) any award, sum or payment of the nature described in—

(aa) regulation 32(1)(g), (h), or (j) (in so far as it relates to regulation 32(1)(g) or (h)), or

(bb) Article 66 or 102 of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments and suspension from work: complaints to industrial tribunals),

including any payment made following the settlement of a complaint to an industrial tribunal or of court proceedings;

(c) where before the first day of entitlement to housing benefit—

(i) the employment had not been terminated, but

(ii) the claimant is not engaged in remunerative work,

any earnings paid or due to be paid in respect of that employment except any payment or remuneration of the nature described in regulation 32(1)(e), (i), (j) (in so far as it relates to regulation 32(1)(i)) or (k).]

Textual Amendments

F1 Words in Sch. 5 para. 1(a) inserted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 9(11)(a)(i)

F2 Sch. 5 para. 1(b)(c) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 9(11)(a)(ii)

Commencement Information

I1 Sch. 5 para. 1 in operation at 20.11.2006, see reg. 1(1)