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Regulation 20

SCHEDULE 4N.I.Applicable amounts

Modifications etc. (not altering text)

PART IN.I.PERSONAL ALLOWANCES

Modifications etc. (not altering text)

C2Sch. 4 Pt. I: sums amended (1.4.2011 for specified purposes, 4.4.2011 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2011 (revoked) 2011 (S.R. 2011/119), arts. 1(1)(j), 21(5), Sch. 7

C3Sch. 4 Pt. I: sums amended (for all other purposes and with effect in accordance with arts. 1(1)(j) of the amending Rule, for specified purposes and with effect in accordance with art. 1(1)(j) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2012 (S.R. 2012/116), arts. 1(1)(j), 21(5), Sch. 7

Column (1)Column (2)
Person, couple or polygamous marriageAmount

(1) Single claimant or lone parent aged—

(a)under 65;

(a)£132·60;

(b)65 or over.

(b)£153·15.

(2) Couple—

(a)both members aged under 65;

(a)£202·40;

(b)one member or both members aged 65 or over.

(b)£229·50.

(3) If the claimant is a member of a polygamous marriage and none of the members of the marriage have attained the age of 65—

(a)for the claimant and the other party to the marriage;

(a)£202·40;

(b)for each additional spouse who is a member of the same household as the claimant.

(b)£69·80.

(4) If the claimant is a member of a polygamous marriage and one or more members are aged 65 or over—

(a)for the claimant and the other party to the marriage;

(a)£229·50;

(b)for each additional spouse who is a member of the same household as the claimant.

(b)£76·35.

Modifications etc. (not altering text)

C5Sch. 4 para. 3: sums confirmed (1.4.2011 for specified purposes, 4.4.2011 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2011 (revoked) 2011 (S.R. 2011/119), arts. 1(1)(j), 21(6)

2.—(1) The amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 20—N.I.

Column (1)Column (2)
Child or young personAmount
Person in respect of the period—

(a)beginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

(a)£57·57;

(b)beginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.

(b)£57·57;

PART IIN.I.Family premium

3.—F1(1) The amount for the purposes of regulations 20(1)(c) and (d) in respect of a family of which at least one member is a child or young person shall be [F2£17∙40.]N.I.

F3(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sum in Sch. 4 Pt. II para. 3(1) substituted (1.4.2007 in so far as not already in operation, 2.4.2007 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (revoked) 2007 (S.R. 2007/153), arts. 1(1)(j), 20(6)(a)

F2Sum in Sch. 4 Pt. II para. 3(1) substituted (1.4.2010 in so far as not already in operation, 5.4.2010 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), arts. 1(1)(j), 20(6)(a)

Modifications etc. (not altering text)

Commencement Information

I1Sch. 4 Pt. II para. 3 in operation at 20.11.2006, see reg. 1(1)

PART IIIN.I.Premiums

4.  The premiums specified in Part IV shall, for the purposes of regulation 20(1)(e), be applicable to a claimant who satisfies the condition specified in this Part in respect of that premium.N.I.

Commencement Information

I2Sch. 4 Pt. III para. 4 in operation at 20.11.2006, see reg. 1(1)

5.—(1) Subject to sub-paragraph (2), for the purposes of this Part, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit for—N.I.

(a)in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(1) applies, any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

(b)any period spent by a person in undertaking a course of training or instruction provided or arranged by the Department for Employment and Learning under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945(2) or section 1(1) of the 1950 Act(3) or for any period during which he is in receipt of a training allowance.

(2) For the purposes of the carer premium under paragraph 9, a person shall be treated as being in receipt of a carer’s allowance under section 70 of the Act(4) by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of [F4armed forces independence payment,] attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act.

Textual Amendments

Commencement Information

I3Sch. 4 para. 5 in operation at 20.11.2006, see reg. 1(1)

Severe Disability PremiumN.I.

6.—(1) The condition is that the claimant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—

(a)in the case of a single claimant, lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3)—

(i)he is in receipt of [F5armed forces independence payment,] attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act;

(ii)subject to sub-paragraph (6), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing, and

(iii)no person is entitled to, and in receipt of, a carer’s allowance in respect of caring for him;

(b)in the case of a claimant who has a partner—

(i)the claimant is in receipt of [F6armed forces independence payment,] attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act;

(ii)his partner is also in receipt of such an allowance or, if the claimant is a member of a polygamous marriage, each other member of that marriage is in receipt of such an allowance, and

(iii)subject to sub-paragraph (6), the claimant has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing,

and either a person is entitled to and in receipt of a carer’s allowance in respect of caring for only one of the couple or, if he is a member of a polygamous marriage, for one or more but not all the members of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance in respect of caring for either member of a couple or any of the members of the marriage.

(3) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of sub-paragraph (4), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.

(4) For the purposes of sub-paragraph (3), a person is blind if he has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a Health and Social Services Board.

(5) For the purposes of sub-paragraph (4), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

(6) For the purposes of sub-paragraph (2)(a)(ii) and (b)(iii) no account shall be taken of—

(a)a person receiving [F7armed forces independence payment,] attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; or

(b)a person who is blind or is treated as blind within the meaning of sub-paragraphs (4) and (5).

(7) For the purposes of sub-paragraph (2)(b) a person shall be treated—

(a)as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act, if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

(b)as being entitled to and in receipt of a carer’s allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.

(8) For the purposes of sub-paragraph (2)(a)(iii) and (b)—

(a)no account shall be taken of an award of a carer’s allowance to the extent that payment of such an award is backdated for a period before [F8the date on which the award is first paid] ; and

(b)references to a person being in receipt of a carer’s allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section [F95B or] 6 of the Social Security Fraud Act (Northern Ireland) 2001(5) (loss of benefit provisions).

Textual Amendments

Commencement Information

I4Sch. 4 para. 6 in operation at 20.11.2006, see reg. 1(1)

Enhanced disability premiumN.I.

7.— [F10(1)]  [F11Subject to sub-paragraph (2),] the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Act [F12or armed forces independence payment is payable] in respect of a child or young person who is a member of the claimant’s family.

[F13(2) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant [F14or the claimant’s partner] is entitled to child benefit in respect of that person under section 141A of the Act (entitlement after death of child or qualifying young person).]

Textual Amendments

F10Sch. 4 para. 7 renumbered as Sch. 4 para. 7(1) (4.4.2011 for specified purposes) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 (S.R. 2011/135), regs. 1(2), 13(a)(i)

Commencement Information

I5Sch. 4 para. 7 in operation at 20.11.2006, see reg. 1(1)

Disabled child premiumN.I.

8.  The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household—

[F15(za)is a young person who is in receipt of armed forces independence payment;]

(a)is in receipt of disability living allowance or is no longer in receipt of such allowance because he is a patient, provided that the child or young person continues to be a member of the family;

(b)is blind within the meaning of paragraph 6(4) or is treated as blind in accordance with paragraph 6(5); or

[F16(c)is a child or young person in respect of whom section 141A of the Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.]

Textual Amendments

Commencement Information

I6Sch. 4 para. 8 in operation at 20.11.2006, see reg. 1(1)

Carer premiumN.I.

9.—(1) The condition is that the claimant or his partner is, or both of them are, entitled to a carer’s allowance.

(2) Where a carer premium has been awarded but—

(a)the person in respect of whose care the carer’s allowance has been awarded dies; or

(b)the person in respect of whom the premium was awarded ceases to be entitled, or ceases to be treated as entitled, to a carer’s allowance,

this paragraph shall be treated as satisfied for a period of 8 weeks from the relevant date specified in sub-paragraph (3).

(3) The relevant date for the purposes of sub-paragraph (2) is—

(a)the Sunday following the death of the person in respect of whose care the carer’s allowance has been awarded (or beginning with the date of death if the date occurred on a Sunday);

(b)where head (a) does not apply, the date on which that person who was entitled to a carer’s allowance ceases to be entitled to it.

(4) For the purposes of this paragraph, a person shall be treated as being entitled to and in receipt of a carer’s allowance for any period not covered by an award but in respect of which a payment is made in lieu of an award.

Commencement Information

I7Sch. 4 para. 9 in operation at 20.11.2006, see reg. 1(1)

Persons in receipt of concessionary paymentsN.I.

10.  For the purpose of determining whether a premium is applicable to a person under paragraphs 6 to 9, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

Commencement Information

I8Sch. 4 para. 10 in operation at 20.11.2006, see reg. 1(1)

Person in receipt of benefitN.I.

11.  For the purposes of this Part, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.

Commencement Information

I9Sch. 4 para. 11 in operation at 20.11.2006, see reg. 1(1)

[F17PART IVN.I.AMOUNTS OF PREMIUM SPECIFIED IN PART III

Textual Amendments

F17Sum in Sch. 4 Pt. IV substituted (1.4.2010 in so far as not already in operation, 5.4.2010 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (S.R. 2010/118), arts. 1(1)(j), 20(7), Sch. 8

Modifications etc. (not altering text)

C7Sch. 4 Pt. IV: sums amended (1.4.2011 for specified purposes, 4.4.2011 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2011 (revoked) 2011 (S.R. 2011/119), arts. 1(1)(j), 21(7), Sch. 8

C8Sch. 4 Pt. IV: sums amended (for all other purposes and with effect in accordance with arts. 1(1)(j) of the amending Rule, for specified purposes and with effect in accordance with art. 1(1)(j) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2012 (S.R. 2012/116), arts. 1(1)(j), 21(7), Sch. 8

PremiumAmount

12.  —

(1) Severe Disability Premium—

(a)where the claimant satisfies the condition in paragraph 6(2)(a);

(a)£53·65;

(b)where the claimant satisfies the condition in paragraph 6(2)(b)—

(b)

(i)in a case where there is someone in receipt of a carer’s allowance or if he or any partner satisfies that condition only by virtue of paragraph 6(7);

(i)£53·65;

(ii)in a case where there is no-one in receipt of such an allowance.

(ii)£107·30.

(2) Enhanced disability premium.

(2) £21·00 in respect of each child or young person in respect of whom the conditions specified in paragraph 7 are satisfied.

(3) Disabled child premium.

(3) £52·08 in respect of each child or young person in respect of whom the condition specified in paragraph 8 is satisfied.

(4) Carer premium.

(4) £30·05 in respect of each person who satisfies the condition specified in paragraph 9.]

(2)

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))

(3)

Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

(4)

Section 70 was amended by regulation 2(3) of S.R. 1994 No. 370 and Article 3 of S.R. 2002 No. 321