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Regulation 34(1)

SCHEDULE 5N.I.Sums disregarded from claimant’s earnings

Modifications etc. (not altering text)

1.  Where 2 or more of paragraphs 2 to 5 apply in any particular case the overall maximum sum which falls to be disregarded in that case under those paragraphs is restricted to—N.I.

(a)£25 in the case of a lone parent;

(b)£20 in any other case.

Commencement Information

I1Sch. 5 para. 1 in operation at 20.11.2006, see reg. 1(1)

2.  In a case where a claimant is a lone parent, £25 of earnings.N.I.

Commencement Information

I2Sch. 5 para. 2 in operation at 20.11.2006, see reg. 1(1)

3.—(1) In a case of earnings from any employment or employments to which sub-paragraph (2) applies, £20.N.I.

(2) This paragraph applies to employment—

(a)as a part-time fire and rescue officer employed by the Northern Ireland Fire and Rescue Service Board established under Article 3 of the Fire and Rescue Services (Northern Ireland) Order 2006(1);

(b)as an auxiliary coastguard in respect of coast rescue activities;

(c)in the manning or launching of a lifeboat if the employment is part-time;

(d)as a member of any territorial or reserve force prescribed in Part I of Schedule 6 to the Social Security (Contributions) Regulations 2001(2);

(e)as a person in the army whose service is restricted to part-time service in Northern Ireland pursuant to section 1 of the Army Act 1992(3), regulations made under section 2 of the Armed Forces Act 1966(4), or the terms of his commission;

(f)as a part-time member of the Police Service of Northern Ireland Reserve appointed under section 37 of the Police (Northern Ireland) Act 2000(5) or a part-time police reserve trainee appointed under section 40 of that Act.

(3) If—

(a)any of the earnings of the claimant or, if he has a partner, his partner, or both of them, are disregarded under sub-paragraph (1); and

(b)either of them has, or they both have, other earnings,

so much of those other earnings as would not, in aggregate with the earnings disregarded under that sub-paragraph, exceed £20.

Commencement Information

I3Sch. 5 para. 3 in operation at 20.11.2006, see reg. 1(1)

4.—(1) If the claimant or, if he has a partner, his partner is a carer, or both are carers, £20 of any earnings received from his or their employment.N.I.

(2) Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed £20 of the aggregated amount.

(3) In this paragraph the claimant or his partner is a carer if paragraph 9 of Schedule 4 is satisfied in respect of him.

Commencement Information

I4Sch. 5 para. 4 in operation at 20.11.2006, see reg. 1(1)

5.—(1) £20 is disregarded if the claimant or, if he has a partner, his partner—N.I.

(a)is in receipt of—

(i)long-term incapacity benefit under section 30A of the Act(6);

(ii)severe disablement allowance under section 68 of the Act(7);

(iii)attendance allowance;

(iv)disability living allowance under sections 71 to 76 of the Act(8);

[F1(iva)armed forces independence payment;]

(v)any mobility supplement under article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(9) (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme I983(10);

(vi)the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit Regulations;

[F2(vii)main phase employment and support allowance;]

[F3(viii)personal independence payment;]

[F4(b)is or are certified as severely sight impaired or blind by a consultant ophthalmologist; or]

(c)is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the Act (incapacity for work), and has been incapable, or has been treated as incapable, of work for a continuous period of not less than—

(i)in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Act(11) (incapacity benefit: rate), 196 days;

(ii)in any other case, 364 days [F5or

(d)has, or is to be treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act or limited capability for work-related activity within the meaning of section 2(5) of that Act and either—

(i)the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended, or

(ii)regulation 7 of the Employment and Support Allowance Regulations [F6or regulation 7 of the Employment and Support Allowance Regulations (Northern Ireland) 2016] (circumstances where the condition that the assessment phase has ended before entitlement to the support component F7...arises does not apply) applies.]

(2) Subject to sub-paragraph (3), £20 is disregarded if the claimant or, if he has a partner, his partner has, within a period of 8 weeks ending on the day in respect of which the claimant or his partner attains the qualifying age for state pension credit, had an award of housing benefit and—

(a)£20 was disregarded in respect of earnings taken into account in that award;

(b)the person whose earnings qualified for the disregard continues in employment after the termination of that award.

(3) The disregard of £20 specified in sub-paragraph (2) applies so long as there is no break, other than a break which does not exceed 8 weeks, in a person’s entitlement to housing benefit or in employment following the first day in respect of which that benefit is awarded.

(4) £20 is the maximum amount which may be disregarded under this paragraph, notwithstanding that, where the claimant has a partner, both the claimant and his partner satisfy the requirements of this paragraph.

Textual Amendments

Commencement Information

I5Sch. 5 para. 5 in operation at 20.11.2006, see reg. 1(1)

[F85A.—(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)regulation 24 does not apply,

the amount specified in sub-paragraph (7) (“the specified amount”).

(2) Where this paragraph applies, paragraphs 1 to 5 and 7 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 2, then paragraph 2 applies instead of this paragraph.

(3) Notwithstanding regulation 21, 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 [F9or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations (Northern Ireland) 2016] ; 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

6.  Any amount or the balance of any amount which would fall to be disregarded under paragraph 19 or 20 of Schedule 6 had the claimant’s income which does not consist of earnings been sufficient to entitle him to the full disregard thereunder.N.I.

Commencement Information

I6Sch. 5 para. 6 in operation at 20.11.2006, see reg. 1(1)

7.  Except where the claimant or his partner qualifies for a £20 disregard under the preceding provisions of this Schedule—N.I.

(a)£5 shall be disregarded if a claimant who has no partner has earnings;

(b)£10 shall be disregarded if a claimant who has a partner has earnings.

Commencement Information

I7Sch. 5 para. 7 in operation at 20.11.2006, see reg. 1(1)

8.  Any earnings other than earnings referred to in regulation 31(8)(b), derived from employment which ended before the day in respect of which the claimant first satisfies the conditions for entitlement to housing benefit.N.I.

Commencement Information

I8Sch. 5 para. 8 in operation at 20.11.2006, see reg. 1(1)

9.—(1) In a case where the claimant is a person who satisfies at least one of the conditions set out in sub-paragraph (2), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (3), the amount of his earnings that falls to be disregarded under this Schedule shall be increased by [F10£37.10].N.I.

(2) The conditions of this sub-paragraph are that—

(a)the claimant, or if he has a partner, either the claimant or his partner, is a person to whom regulation 20(1)(c) of the Working Tax Credit Regulations applies;

(b)the claimant—

(i)is, or any partner of his is, aged at least 25 and is engaged in remunerative work for on average not less than 30 hours per week;

(ii)if he is a member of a couple—

(aa)at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week;

[F11(bb)his family includes at least one child or young person;]

(iii)is a lone parent who is engaged in remunerative work for on average not less than 16 hours per week, or

(iv)is, or if he has a partner, one of them is, engaged in remunerative work for on average not less than 16 hours per week, and paragraph 5(1) is satisfied in respect of that person; or

(c)the claimant is, or, if he has a partner, one of them is, a person to whom regulation 18(3) of the Working Tax Credit Regulations (eligibility for 50 plus element) applies, or would apply if an application for working tax credit were to be made in his case.

(3) The following are the amounts referred to in sub-paragraph (1)—

(a)any amount disregarded under this Schedule;

(b)any amount of child care charges calculated as deductible under regulation 28(1)( c); and

[F12(c)£37.10]

(4) The provisions of regulation 6 shall apply in determining whether or not a person works for on average not less than 30 hours per week, but as if the reference to 16 hours in paragraph (1) of that regulation were a reference to 30 hours.

Textual Amendments

F10Sch. 5 para. 9(1) substituted (temp.) (with effect in accordance with reg. 5(3) of the amending Rule) by virtue of The Social Security (Coronavirus) (Further Measures) Regulations (Northern Ireland) 2020 (S.R. 2020/53), regs. 1(1), 5(2)(a)

F12Sum inSch. 5 para. 9(3)(c) substituted (temp.) (with effect in accordance with reg. 5(3) of the amending Rule) by virtue of The Social Security (Coronavirus) (Further Measures) Regulations (Northern Ireland) 2020 (S.R. 2020/53), regs. 1(1), 5(2)(a)

Modifications etc. (not altering text)

C2Sch. 5 para. 9(1): sum 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(8)

C5Sch. 5 para. 9(1): sum confirmed (1.4.2014 in so far as not already in operation, 7.4.2014 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2014 (revoked) 2014 (S.R. 2014/78), arts. 1(1)(i), 20(8)

C6Sch. 5 para. 9(1): sum confirmed (1.4.2015 in so far as not already in operation, 6.4.2015 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (S.R. 2015/124), arts. 1(1)(i), 20(8)

C7Sch. 5 para. 9(1): sum confirmed (1.4.2017 in so far as not already in operation, 3.4.2017 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2017 (revoked) 2017 (S.R. 2017/56), arts. 1(1)(j), 23(8)

C8Sch. 5 para. 9(1): sum confirmed (1.4.2017 for specified purposes, 3.4.2017 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2017 (revoked) 2017 (S.R. 2017/56), arts. 1(1)(j), 23(8)

C11Sch. 5 para. 9(1): sum confirmed (1.4.2018 in so far as not already in operation, 2.4.2018 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2018 (S.R. 2018/58), arts. 1(1)(h), 24(8)

C16Sch. 5 para. 9(1): sum confirmed (1.4.2020 for specified purposes, 6.4.2020 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2020 (S.R. 2020/40), arts. 1(1)(i), 25(8), 34

C17Sch. 5 para. 9(1): sum confirmed (1.4.2021 for specified purposes, 5.4.2021 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2021 (revoked) 2021 (S.R. 2021/82), arts. 1(1)(j), 25(8)

C18Sch. 5 para. 9(1): sum confirmed (1.4.2022 for specified purposes, 4.4.2022 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2022 (S.R. 2022/143), arts. 1(1)(j), 25(8), 34

C19Sch. 5 para. 9(3)(c): sum confirmed (1.4.2020 for specified purposes, 6.4.2020 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2020 (S.R. 2020/40), arts. 1(1)(i), 25(8), 34

C20Sch. 5 para. 9(3)(c): sum 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(8)

C23Sch. 5 para. 9(3)(c): sum confirmed (1.4.2014 in so far as not already in operation, 7.4.2014 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2014 (revoked) 2014 (S.R. 2014/78), arts. 1(1)(i), 20(8)

C24Sch. 5 para. 9(3)(c): sum confirmed (1.4.2015 in so far as not already in operation, 6.4.2015 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (S.R. 2015/124), arts. 1(1)(i), 20(8)

C25Sch. 5 para. 9(3)(c): sum confirmed (1.4.2017 for specified purposes, 3.4.2017 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2017 (S.R. 2017/56), arts. 1(1)(j), 23(8)

C26Sch. 5 para. 9(3)(c): sum confirmed (1.4.2017 in so far as not already in operation, 3.4.2017 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2017 (S.R. 2017/56), arts. 1(1)(j), 23(8)

C29Sch. 5 para. 9(3)(c): sum confirmed (1.4.2018 in so far as not already in operation, 2.4.2018 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2018 (S.R. 2018/58), arts. 1(1)(h), 24(8)

C34Sch. 5 para. 9(3)(c): sum confirmed (1.4.2021 for specified purposes, 5.4.2021 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2021 (revoked) 2021 (S.R. 2021/82), arts. 1(1)(j), 25(8)

C35Sch. 5 para. 9(3)(c): sum confirmed (1.4.2022 for specified purposes, 4.4.2022 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2022 (S.R. 2022/143), arts. 1(1)(j), 25(8), 34

Commencement Information

I9Sch. 5 para. 9 in operation at 20.11.2006, see reg. 1(1)

10.  Where a payment of earnings is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.N.I.

Commencement Information

I10Sch. 5 para. 10 in operation at 20.11.2006, see reg. 1(1)

(4)

1966 c. 45; section 2 was amended by section 2 of the Army Act 1992

(6)

Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I.12)) and amended by Article 61 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and paragraph 68 of Schedule 24 to the Civil Partnership Act 2004

(7)

Section 68 was amended by Article 11 of, and paragraph 18 of Schedule 1 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and regulation 2(2) of S.R. 1994 No. 370 and repealed by Schedule 10 to the Welfare Reform and Pensions (Northern Ireland) Order 1999, subject to savings in Article 4 of S.R. 2000 No. 332 (C. 14)

(8)

Sections 71 to 73 were amended by Article 64 of the Welfare Reform and Pensions (Northern Ireland) Order 1999

(11)

Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994