Modifications etc. (not altering text)
C1Sch. 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)
[F110A.—(1) Where—N.I.
(a)the claimant (or if the claimant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies;
(b)the Department is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and
(c)paragraph 12 does not apply,
the amount specified in sub-paragraph (7) (“the specified amount”).
(2) Where this paragraph applies, paragraphs 3 to 10 do not apply; but in any case where the claimant is a lone parent, and the specified amount would be less than the amount specified in paragraph 4, then paragraph 4 applies instead of this paragraph.
(3) Notwithstanding regulation 22, if sub-paragraph (1) applies to one member of a couple (“A”) it shall not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4).
(4) Where A’s earnings are less than the specified amount, there shall also be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Department is satisfied that B is also undertaking exempt work.
(5) This sub-paragraph applies to a person who is—
(a)in receipt of a contributory employment and support allowance;
(b)in receipt of incapacity benefit;
(c)in receipt of severe disablement allowance; or
(d)being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975.
(6) “Exempt work” means, as the case may be, work of the kind described in—
(a)regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations; or
(b)regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995,
and, in determining for the purposes of this paragraph whether a claimant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work.
(7) The specified amount is the amount of money mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts).]
Textual Amendments
F1Sch. 5 para. 10A inserted (1.4.2010 for specified purposes) by The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/382), regs. 1(2), 2(6)(a)