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Regulation 31(9)

SCHEDULE 6N.I.Amounts to be disregarded in the calculation of income other than earnings

Modifications etc. (not altering text)

1.  In addition to any sum which falls to be disregarded in accordance with paragraphs 2 to 7, any of the following, namely—N.I.

(a)a war disablement pension;

(b)a war widow’s or war widower’s pension;

[F1(ba)any retired pay or pension payable, to a member of the armed forces of the Crown in respect of a disablement which is attributable to service, under—

(i)an Order in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865;

(ii)the Army Pensions Warrant 1977;

[F2(iia)the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010;]

(iii)any order or regulations made under section 2 of the Air Force (Constitution) Act 1917;

(iv)any order or regulations made under section 4 of the Reserve Forces Act 1996, or

(v)any instrument amending or replacing any of the instruments referred to in paragraphs (i) to (iv);

(bb)any retired pay or pension payable, to a member of the armed forces of the Crown in respect of a disablement which is attributable to service, under any power of Her Majesty otherwise than under any statutory provision to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

(bc)a pension payable, to a widow, widower or surviving civil partner of a member of the armed forces of the Crown in respect of death which is attributable to service, under—

(i)an Order in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865;

(ii)the Army Pensions Warrant 1977;

[F3(iia)the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010;]

(iii)any order or regulations made under section 2 of the Air Force (Constitution) Act 1917;

(iv)any order or regulations made under section 4 of the Reserve Forces Act 1996, or

(v)any instrument amending or replacing any of the instruments referred to in paragraphs (i) to (iv);]

(c)a pension payable to a person as a surviving spouse or surviving civil partner under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 insofar as that Order is made under F4...(1)(2)(3)any power of Her Majesty otherwise than under any statutory provision to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

(d)a guaranteed income payment [F5and, if the amount of that payment has been abated by a [F6ension or payment falling within Article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005] , an amount of [F7that pension or payment] equal to the amount of that abatement] ;

(e)a payment made to compensate for the non-payment of such a pension or payment as is mentioned in any of the preceding sub-paragraphs;

(f)a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions or payments mentioned in sub-paragraphs (a) to (d).

Textual Amendments

Commencement Information

I1Sch. 6 para. 1 in operation at 20.11.2006, see reg. 1(1)

2.  £10 of a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.N.I.

Commencement Information

I2Sch. 6 para. 2 in operation at 20.11.2006, see reg. 1(1)

3.  The whole of any amount included in a pension to which paragraph 2 relates in respect of—N.I.

(a)the claimant’s need for constant attendance;

(b)the claimant’s exceptionally severe disablement.

Commencement Information

I3Sch. 6 para. 3 in operation at 20.11.2006, see reg. 1(1)

4.  Any mobility supplement under article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983 or any payment intended to compensate for the non-payment of such a supplement.N.I.

Commencement Information

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

5.  Any supplementary pension under article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) [F8and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.] N.I.

Textual Amendments

Commencement Information

I5Sch. 6 para. 5 in operation at 20.11.2006, see reg. 1(1)

6.  In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983(4) (pensions to surviving spouses and surviving civil partners), the sum specified in paragraph l(c) of Schedule 4 to that Scheme.N.I.

Commencement Information

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

7.—(1) Any payment which is—N.I.

(a)made under any of the Dispensing Instruments to a widow, widower or surviving civil partner of a person—

(i)whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown, and

(ii)whose service in such capacity terminated before 31st March 1973; and

(b)equal to the amount specified in article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.

(2) In this paragraph “the Dispensing Instruments”(5) means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances).

Commencement Information

I7Sch. 6 para. 7 in operation at 20.11.2006, see reg. 1(1)

8.  £15 of any widowed parent’s allowance to which the claimant is entitled under section 39A of the Act(6).N.I.

Commencement Information

I8Sch. 6 para. 8 in operation at 20.11.2006, see reg. 1(1)

9.  £15 of any widowed mother’s allowance to which the claimant is entitled under section 37 of the Act.N.I.

Commencement Information

I9Sch. 6 para. 9 in operation at 20.11.2006, see reg. 1(1)

10.  Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—N.I.

(a)where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20, 100 per cent. of such payments; or

(b)where the aggregate of any such payments exceeds £20, £20 and 50 per cent. of the excess over £20.

Commencement Information

I10Sch. 6 para. 10 in operation at 20.11.2006, see reg. 1(1)

11.  If the claimant—N.I.

(a)owns the freehold or leasehold interest in any property or is a tenant of any property;

(b)occupies a part of that property; and

(c)has an agreement with another person allowing that person to occupy another part of that property on payment of rent and—

(i)the amount paid by that person is less than £20 per week, the whole of that amount, or

(ii)the amount paid is £20 or more per week, £20.

Commencement Information

I11Sch. 6 para. 11 in operation at 20.11.2006, see reg. 1(1)

12.  Where a claimant receives income under an annuity purchased with a loan, which satisfies the following conditions—N.I.

(a)that the loan was made as part of a scheme under which not less than 90 per cent. of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of 2 or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;

(b)that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;

(c)that the loan was secured on a dwelling in Northern Ireland and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling;

(d)that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid; and

(e)that the interest payable on the loan is paid by the person to whom the loan was made or by one of the annuitants,

the amount, calculated on a weekly basis, equal to—

(i)where, or insofar as, section 369 of the Taxes Act (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act(7);

(ii)in any other case the interest which is payable on the loan without deduction of such a sum.

Commencement Information

I12Sch. 6 para. 12 in operation at 20.11.2006, see reg. 1(1)

13.—(1) Any payment, other than a payment to which sub-paragraph (2) applies, made to the claimant by Trustees in exercise of a discretion exercisable by them.N.I.

(2) This sub-paragraph applies to payments made to the claimant by Trustees in exercise of a discretion exercisable by them for the purpose of——

(a)obtaining food, ordinary clothing or footwear or household fuel;

(b)the payment of rent [F9, rates or water charges] for which that claimant or his partner is liable;

(c)meeting housing costs of a kind specified in Schedule 2 to the State Pension Credit Regulations (Northern Ireland) 2003(8).

(3) In a case to which sub-paragraph (2) applies, £20 or——

(a)if the payment is less than £20, the whole payment;

(b)if, in the claimant’s case, £10 is disregarded in accordance with paragraph 2, £10 or the whole payment if it is less than £10; or

(c)if, in the claimant’s case, £15 is disregarded under paragraph 7 or 8 and—

(i)he has no disregard under paragraph l(a) to (f) or 2, £5 or the whole payment if it is less than £5;

(ii)he has a disregard under paragraph l(a) to (f) or 2, nil.

(4) For the purposes of this paragraph——

“ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities;

“rent or rates” means eligible rent or rates less any deductions in respect of non-dependants which fall to be made under regulation 53.

Textual Amendments

Commencement Information

I13Sch. 6 para. 13 in operation at 20.11.2006, see reg. 1(1)

14.  Any increase in F10... of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 paid in respect of a dependant other than the pensioner’s F11...partner.N.I.

Textual Amendments

Commencement Information

I14Sch. 6 para. 14 in operation at 20.11.2006, see reg. 1(1)

15.  Any payment ordered by a court to be made to the claimant or the claimant’s partner in consequence of any accident, injury or disease suffered by the person or a child of the person to or in respect of whom the payments are made.N.I.

Commencement Information

I15Sch. 6 para. 15 in operation at 20.11.2006, see reg. 1(1)

16.  Periodic payments made to the claimant or the claimant’s partner under an agreement entered into in settlement of a claim made by the claimant or, as the case may be, the claimant’s partner for an injury suffered by him.N.I.

Commencement Information

I16Sch. 6 para. 16 in operation at 20.11.2006, see reg. 1(1)

17.  Any income which is payable outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of that income.N.I.

Commencement Information

I17Sch. 6 para. 17 in operation at 20.11.2006, see reg. 1(1)

18.  Any banking charges or commission payable in converting to sterling payments of income made in a currency other than sterling.N.I.

Commencement Information

I18Sch. 6 para. 18 in operation at 20.11.2006, see reg. 1(1)

19.  Where the claimant makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating—N.I.

(a)under regulations made in exercise of the powers conferred by Articles 50 and 51 of the Education and Libraries (Northern Ireland) Order 1986(9), that student’s award; or

(b)the student’s student loan,

an amount equal to the weekly amount of that parental contribution, but only in respect of the period for which that contribution is assessed as being payable.

Commencement Information

I19Sch. 6 para. 19 in operation at 20.11.2006, see reg. 1(1)

20.—(1) Where the claimant is the parent of a student aged under 25 in advanced education who either—N.I.

(a)is not in receipt of any award, grant or student loan in respect of that education; or

(b)is in receipt of an award under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986 (awards made at the discretion of Boards),

and the claimant makes payments by way of a contribution towards the student’s maintenance, other than a parental contribution falling within paragraph 19, an amount specified in sub-paragraph (2) in respect of each week during the student’s term.

(2) For the purposes of sub-paragraph (1), the amount shall be equal to—

(a)the weekly amount of the payments; or

(b)the amount by way of a personal allowance for a single claimant under 25 less the weekly amount of any award referred to in sub-paragraph (l)(b),

whichever is less.

Commencement Information

I20Sch. 6 para. 20 in operation at 20.11.2006, see reg. 1(1)

21.—(1) Where a claimant’s applicable amount includes an amount by way of a family premium, £15 of any payment of maintenance, whether under a court order or not, which is made or due to be made by the claimant’s spouse, civil partner, former spouse or former civil partner or the claimant’s partner’s spouse, civil partner, former spouse, or former civil partner.N.I.

(2) For the purposes of sub-paragraph (1), where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.

Commencement Information

I21Sch. 6 para. 21 in operation at 20.11.2006, see reg. 1(1)

22.  Except in a case which falls under paragraph 9 of Schedule 5, where the claimant is a person who satisfies [F12any of] the conditions of sub-paragraph (2) of that paragraph, any amount of working tax credit up to [F13£17∙10].N.I.

Textual Amendments

F13Sum in Sch. 6 para. 22 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(9)

Modifications etc. (not altering text)

C2Sch. 6 para. 22: 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(9)

Commencement Information

I22Sch. 6 para. 22 in operation at 20.11.2006, see reg. 1(1)

23.  Except in the case of income from capital specified in Part II of Schedule 7, any actual income from capital.N.I.

Commencement Information

I23Sch. 6 para. 23 in operation at 20.11.2006, see reg. 1(1)

F1424.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

[F1525.  Where the total value of any capital specified in Part II of Schedule 7 does not exceed £10,000, any income actually derived from such capital.]N.I.

Textual Amendments

(4)

S.I. 1983/686; Article 27(3) and paragraph 1(c) of Schedule 4 were added by, respectively, articles 2 and 3 of S.I. 1994/2021 and Schedule 4 was substituted by Schedule 3 to S.I. 2006/765

(5)

Copies of the Dispensing Instruments are available from the Department for Social Development, Social Security Policy and Legislation Division, Level 1, James House, 2-4 Cromac Avenue, Gasworks Business Park, Ormeau Road, Belfast BT7 2JA

(6)

Section 39A was inserted by Article 52(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999

(7)

Subsection (1A) was inserted by section 81(3) of the Finance Act 1994 (c. 9)

(9)

S.I. 1986/594 (N.I. 3); Article 50 was amended by the Schedule to the Education (Student Support) (Northern Ireland) Order 1998 (S.I. 1998/1760 (N.I. 14)) and Article 51 was substituted by Part II of Schedule 5 to the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))