The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 No. 406

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

Modifications etc. (not altering text)

C1 Sch. 5 applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 19(2)

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 [F1 £17∙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;

[F2 (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

(c) [F3 £17∙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

F1 Sum in Sch. 5 para. 9(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(8)

F2 Sch. 5 para. 9(2)(b)(ii) substituted (5.9.2016) by The Housing Benefit (Abolition of the Family Premium and date of claim) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/310), regs. 1(1), 3(2)(c) (with reg. 5)

F3 Sum in Sch. 5 para. 9(3)(c) 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(8)

Modifications etc. (not altering text)

C2 Sch. 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)

C3 Sch. 5 para. 9(1): sums confirmed (1.4.2012) by The Social Security Benefits Up-rating Order (Northern Ireland) 2012 (S.R. 2012/116), arts. 1(1)(j), 21(8)

C4 Sch. 5 para. 9(1): sums confirmed (1.4.2013) by The Social Security Benefits Up-rating Order (Northern Ireland) 2013 (S.R. 2013/69), arts. 1(1)(a), 20(8)

C5 Sch. 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)

C6 Sch. 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)

C7 Sch. 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)

C8 Sch. 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)

C9 Sch. 5 para. 9(1): sum confirmed (25.9.2017) by The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2017 (revoked) 2017 (S.R. 2017/187), arts. 1, 22(8)

C10 Sch. 5 para. 9(1): sum confirmed (24.3.2018) by The Social Security (2017 Benefits Up-rating) Order (Northern Ireland) 2018 (S.R. 2018/56), arts. 1, 22(8)

C11 Sch. 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)

C12 Sch. 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)

C13 Sch. 5 para. 9(3)(c): sums confirmed (1.4.2012) by The Social Security Benefits Up-rating Order (Northern Ireland) 2012 (S.R. 2012/116), arts. 1(1)(j), 21(8)

C14 Sch. 5 para. 9(3)(c): sums confirmed (1.4.2013) by The Social Security Benefits Up-rating Order (Northern Ireland) 2013 (S.R. 2013/69), arts. 1(1)(a), 20(8)

C15 Sch. 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)

C16 Sch. 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)

C17 Sch. 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)

C18 Sch. 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)

C19 Sch. 5 para. 9(3)(c): sum confirmed (25.9.2017) by The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2017 (S.R. 2017/187), arts. 1, 22(8), 28

C20 Sch. 5 para. 9(3)(c): sum confirmed (24.3.2018) by The Social Security (2017 Benefits Up-rating) Order (Northern Ireland) 2018 (S.R. 2018/56), arts. 1, 22(8)

C21 Sch. 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)

Commencement Information

I1 Sch. 5 para. 9 in operation at 20.11.2006, see reg. 1(1)