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Regulation 13

SCHEDULE 1N.I.Ineligible service charges

PART IN.I.Service charges other than for fuel

Ineligible service chargesN.I.

1.  The following service charges shall not be eligible to be met by housing benefit—

(a)charges in respect of day-to-day living expenses including, in particular, all provision of—

(i)subject to paragraph 2 meals (including the preparation of meals or provision of unprepared food);

(ii)laundry (other than the provision of premises or equipment to enable a person to do his own laundry);

[F1(iii)leisure items such as either sports facilities (except a children’s play area), or television rental, licence and subscription fees (except radio relay charges and charges made in respect of the conveyance and installation and maintenance of equipment for the conveyance of a television broadcasting service);]

(iv)cleaning of rooms and windows except cleaning of—

(aa)communal areas; or

(bb)the exterior of any windows where neither the claimant nor any member of his household is able to clean them himself,

where a payment is not made in respect of such cleaning by the Executive to the claimant or his partner, or to another person on their behalf, and

(v)transport;

(b)charges in respect of—

(i)the acquisition of furniture or household equipment, and

(ii)the use of such furniture or equipment where that furniture or household equipment will become the property of the claimant by virtue of an agreement with the landlord;

(c)charges in respect of the provision of an emergency alarm system;

(d)charges in respect of medical expenses (including the cost of treatment or counselling related to mental disorder, mental handicap, physical disablement or past or present alcohol or drug dependence);

(e)charges in respect of the provision of nursing care or personal care (including assistance at meal-times or with personal appearance or hygiene);

(f)charges in respect of general counselling or of any other support services, whoever provides those services;

(g)charges in respect of any services not specified in sub-paragraphs (a) to (f) which are not connected with the provision of adequate accommodation.

Textual Amendments

Commencement Information

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

Amount ineligible for mealsN.I.

2.—(1) Where a charge for meals is ineligible to be met by housing benefit under paragraph 1, the amount ineligible in respect of each week shall be the amount specified in the following provisions of this paragraph.

(2) Subject to sub-paragraph (4), where the charge includes provision for at least 3 meals a day, the amount shall be—

(a)for a single claimant, [F2£30.10];

(b)if the claimant is a member of a family—

(i)for the claimant and for each member of his family aged 16 or over, [F2£30.10];

(ii)for each member of his family under age 16, [F2£15.25].

(3) Except where sub-paragraph (5) applies and subject to sub-paragraph (4), where the charge includes provision for less than 3 meals a day, the amount shall be—

(a)for a single claimant, [F2£20.05];

(b)if the claimant is a member of a family—

(i)for the claimant and for each member of his family aged 16 or over, [F2£20.05];

(ii)for each member of his family under age 16, [F2£10.05].

(4) For the purposes of sub-paragraphs (2)(b) and (3)(b), a person attains the age of 16 on the first Monday in September following his 16th birthday.

(5) Where the charge for meals includes the provision of breakfast only, the amount for the claimant and, if he is a member of a family, for the claimant and for each member of his family, shall be [F2£3.70].

(6) Where a charge for meals includes provision for meals for a person who is not a member of the claimant’s family sub-paragraphs (2) to (5) shall apply as if that person were a member of the claimant’s family.

(7) For the avoidance of doubt where the charge does not include provision for meals for a claimant or, as the case may be, a member of his family, sub-paragraphs (2) to (5) shall not apply in respect of that person.

Textual Amendments

Commencement Information

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

Amount of ineligible chargesN.I.

3.—(1) Subject to paragraph 2 where an ineligible service charge is not separated from or separately identified within other payments made by the occupier in respect of the dwelling, the Executive shall apportion such charge as is fairly attributable to the provision of that service, having regard to the cost of comparable services and such portion of those payments shall be ineligible to be met by housing benefit.

(2) Subject to paragraph 2, where the Executive considers that the amount of any ineligible service charge which is separately identified within other payments made by the occupier in respect of the dwelling is unreasonably low having regard to the service provided, it shall substitute a sum for the charge in question which it considers represents the value of the services concerned and the amount so substituted shall be ineligible to be met by housing benefit.

(3) In sub-paragraph (2) “ineligible service charge” includes any service charge which does not qualify as a periodical payment under regulation 13(1)(e).

(4) In any other case, the whole amount of the ineligible service charge shall be ineligible to be met by housing benefit.

Commencement Information

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

Excessive service costsN.I.

4.  Subject to paragraph 2, where the Executive considers that the amount of a service charge to which regulation 13(1)(e) applies is excessive in relation to the service provided for the claimant or his family, having regard to the cost of comparable services, it shall make a deduction from that charge of the excess and the amount so deducted shall be ineligible to be met by housing benefit.

Commencement Information

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

PART IIN.I.Payments in respect of fuel charges

5.  A service charge for fuel except a charge in respect of services for communal areas shall be ineligible to be met by housing benefit.N.I.

Commencement Information

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

6.—(1) Where a charge is ineligible to be met by housing benefit under paragraph 5—N.I.

(a)in the calculation of entitlement to a rent rebate; or

(b)in the calculation of entitlement to a rent allowance if the amount of the charge is specified or is otherwise readily identifiable (except where the amount of the charge is unrealistically low in relation to the fuel provided or the charge cannot readily be distinguished from a charge for a communal area),

the amount ineligible to be met by housing benefit shall be the full amount of the service charge.

(2) In any other case, subject to sub-paragraphs (3) and (4) and paragraph 7, the amount ineligible to be met by housing benefit shall be the following amounts in respect of each week—

(a)for heating (other than hot water) [F3£35.25];

(b)for hot water [F3£4.10];

(c)for lighting [F3£2.85];

(d)for cooking [F3£4.10].

(3) Where the accommodation occupied by the claimant or, if he is a member of a family, by the claimant and the members of his family, consists of one room only, the amount ineligible to be met by housing benefit in respect of each week where heating only is, or heating and either hot water or lighting (or both) are, provided, shall be one half of the aggregate of the amounts specified in sub-paragraph (2)(a), (b) and (c).

(4) In a case to which sub-paragraph (2) or (3) applies, if a claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, the amount ineligible to be met by housing benefit under this paragraph shall be that estimated amount.

Textual Amendments

Modifications etc. (not altering text)

C2Sch. 1 para. 6(2): 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(4)(b)

C4Sch. 1 para. 6(2): 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(4)(b)

C5Sch. 1 para. 6(2): 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(4)(b)

C10Sch. 1 para. 6(2): 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(4)(b)

C11Sch. 1 para. 6(2)(a): sum confirmed (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(4)(b)

Commencement Information

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

7.—(1) Where rent is payable other than weekly, any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall—N.I.

(a)where rent is payable in multiples of a week, be multiplied by the number equal to the number of weeks in respect of which it is payable; or

(b)in any other case, be divided by 7 and multiplied by the number of days in the period to be used by the Executive for the purpose of calculating the claimant’s weekly eligible rent under regulation 59.

(2) In a case to which regulation 60 applies, any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall, where appropriate, be converted in accordance with sub-paragraph (1) and shall—

(a)where rent is payable weekly, or in multiples of a week, be multiplied by 52 or 53, whichever is appropriate, and divided by the number equal to the number of weeks in that 52 or 53 week period in respect of which he is liable to pay rent; or

(b)in any other case, be multiplied by 365 or 366, whichever is appropriate, and divided by the number of days in that 365 or 366 day period in respect of which he is liable to pay rent.

Commencement Information

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

8.  In this Schedule—N.I.

“communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation;

“fuel” includes gas and electricity and a reference to a charge for fuel includes a charge for fuel which includes an amount in respect of the facility of providing it other than a specified amount for the provision of a heating system.

Commencement Information

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

Regulation 15

SCHEDULE 2N.I.Decisions of rent payable

PART IN.I.Decisions

Significantly high rentsN.I.

1.—(1) The Executive shall decide whether, in its opinion, the rent payable under the tenancy of the dwelling at the relevant time is significantly higher than the rent which the landlord might reasonably have been expected to obtain under the tenancy at that time.

(2) If the Executive decides under sub-paragraph (1) that the rent is significantly higher, the Executive shall also decide the rent which the landlord might reasonably have been expected to obtain under the tenancy at the relevant time.

(3) When making a decision under this paragraph, the Executive shall have regard to the level of rent under similar tenancies of similar dwellings in the locality (or as similar as regards tenancy, dwelling and locality as is reasonably practicable) and shall assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy.

Commencement Information

I9Sch. 2 para. 1 in operation at 20.11.2006, see reg. 1(1)

Size and rentN.I.

2.—(1) The Executive shall decide whether the dwelling, at the relevant time, exceeds the size criteria for the occupiers.

(2) If the Executive decide that the dwelling exceeds the size criteria, the Executive shall also decide the rent which a landlord might reasonably have been expected to obtain, at the relevant time, for a tenancy which is—

(a)similar to the tenancy of the dwelling;

(b)on the same terms other than the term relating to the amount of rent; and

(c)of a dwelling which is in the same locality as the dwelling, but which—

(i)accords with the size criteria for the occupiers;

(ii)is in a reasonable state of repair, and

(iii)corresponds in other respects, in the Executive’s opinion, as closely as is reasonably practicable to the dwelling.

(3) When making a decision under sub-paragraph (2), the Executive shall have regard to the same matter and make the same assumption as specified in paragraph 1(3), except that in judging the similarity of other tenancies and dwellings the comparison shall be with the tenancy of the second dwelling referred to in sub-paragraph (2) and shall assume that no one who would have been entitled to housing benefit had sought or is seeking that tenancy.

Commencement Information

I10Sch. 2 para. 2 in operation at 20.11.2006, see reg. 1(1)

Exceptionally high rentsN.I.

3.—(1) The Executive shall decide whether, in its opinion, the rent payable for the tenancy of the dwelling at the relevant time is exceptionally high.

(2) In sub-paragraph (1) “rent payable for the tenancy” means—

(a)where a decision is made under sub-paragraph (2) of paragraph 2 the rent decided under that sub-paragraph;

(b)where no decision is so made and a decision is made under sub-paragraph (2) of paragraph 1, the rent decided under that sub-paragraph; and

(c)in any other case, the rent payable under the tenancy at the relevant time.

(3) If the Executive decides under sub-paragraph (1) that the rent is exceptionally high, the Executive shall also decide the highest rent, which is not an exceptionally high rent and which a landlord might reasonably have been expected to obtain at the relevant time (on the assumption that no one who would have been entitled to housing benefit had sought or is seeking the tenancy) for an uncontrolled tenancy of a dwelling which—

(a)is in the same locality as the dwelling;

(b)has the same number of bedrooms and rooms suitable for living in as the dwelling (or, where the dwelling exceeds the size criteria for the occupiers, accords with the size criteria); and

(c)is in a reasonable state of repair.

(4) For the purpose of deciding whether a rent is an exceptionally high rent under this paragraph, the Executive shall have regard to the levels of rent under uncontrolled tenancies of dwellings which—

(a)are in the same locality as the dwelling (or in as similar a locality as is reasonably practicable); and

(b)have the same number of bedrooms and rooms suitable for living in as the dwelling (or, in a case where the dwelling exceeds the size criteria for the occupiers, accord with the size criteria).

Commencement Information

I11Sch. 2 para. 3 in operation at 20.11.2006, see reg. 1(1)

Local reference rentsN.I.

4.—(1) The Executive shall make a decision of a local reference rent in accordance with the formula—

where—

  • R is the local reference rent;

  • H is the highest rent, in the Executive’s opinion—

    (a)

    which a landlord might reasonably have been expected to obtain, at the relevant time, for an uncontrolled tenancy of a dwelling which meets the criteria in sub-paragraph (2); and

    (b)

    which is not an exceptionally high rent; and

  • L is the lowest rent, in the Executive’s opinion—

    (a)

    which a landlord might reasonably have been expected to obtain, at the relevant time, for an uncontrolled tenancy of a dwelling which meets the criteria in sub-paragraph (2); and

    (b)

    which is not an exceptionally low rent.

(2) The criteria are—

(a)that the dwelling under the uncontrolled tenancy—

(i)is in the same locality as the dwelling;

(ii)is in a reasonable state of repair, and

(iii)has the same number of bedrooms and rooms suitable for living in as the dwelling (or, in a case where the dwelling exceeds the size criteria for the occupiers, accords with the size criteria); and

(b)if the tenant does not have the use under the tenancy of the dwelling at the relevant time of more than one bedroom or room suitable for living in—

(i)that under the uncontrolled tenancy the tenant does not have the use of more than one bedroom or room suitable for living in [F4and neither the tenant nor the tenant’s partner is a person who requires overnight care] ;

(ii)if the rent under the tenancy at the relevant time includes payments for board and attendance and the Executive considers the amount fairly attributable to board and attendance is a substantial part of the rent, that a substantial part of the rent under the uncontrolled tenancy is fairly attributable to board and attendance;

(iii)if sub-head (ii) does not apply and the tenant shares a kitchen, toilet, bathroom and room suitable for living in with a person other than a member of his household, a non-dependant or a person who pays rent to the tenant, that the uncontrolled tenancy provides for the tenant to share a kitchen, toilet, bathroom and room suitable for living in, and

(iv)if sub-heads (ii) and (iii) do not apply, that the circumstances described in sub-heads (ii) and (iii) do not apply in relation to the uncontrolled tenancy.

(3) When ascertaining H and L under sub-paragraph (1), the Executive—

(a)shall assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and

(b)shall exclude the amount of any rent which, in the Executive’s opinion, is fairly attributable to the provision of services which are ineligible to be met by housing benefit.

(4) In sub-paragraph (2), “bedroom or room suitable for living in” does not include a room which the tenant shares with any person other than—

(a)a member of his household;

(b)a non-dependant; or

(c)a person who pays rent to the tenant.

(5) In sub-paragraph (3), “services” means services performed or facilities (including the use of furniture) provided for, or rights made available to, the tenant, but not, in the case of a tenancy where a substantial part of the rent under the tenancy is fairly attributable to board and attendance, the provision of meals (including the preparation of meals or provision of unprepared food).

Textual Amendments

Commencement Information

I12Sch. 2 para. 4 in operation at 20.11.2006, see reg. 1(1)

Single room rentsN.I.

F55.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Claim-related rentN.I.

6.—(1) In this paragraph, “claim-related rent” [F6means the claim-related rent decided by the Executive in accordance with paragraph (2A).]

[F7(2A) The Executive shall decide that the claim-related rent is—

(a)where it makes a decision under sub-paragraph (2) of paragraph 1, sub-paragraph (2) of paragraph 2 and sub-paragraph (3) of paragraph 3, the lowest of the 3 rents decided under those sub-paragraphs;

(b)where it makes a decision under only 2 of the sub-paragraphs referred to in head (a), the lower of the 2 rents decided under those sub-paragraphs;

(c)where it makes a decision under only one of the sub-paragraphs referred to in head (a), the rent decided under that sub-paragraph;

(d)where it does not make a decision under any of the sub-paragraphs referred to in head (a), the rent payable under the tenancy of the dwelling at the relevant time.]

F8(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F9...The Executive shall also decide the total amount of ineligible charges, as defined in paragraph 7, which it has not included in the claim-related rent because of the assumptions made in accordance with that paragraph.

Textual Amendments

Commencement Information

I13Sch. 2 para. 6 in operation at 20.11.2006, see reg. 1(1)

PART IIN.I.Assumptions, etc.

Ineligible charges and support chargesN.I.

7.—(1) For the purposes of this paragraph, “ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of [F10regulation 13A(2)] and Schedule 1 except, in the case of a tenancy where the rent includes payments for board and attendance, and the Executive considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1.

(2) When making a decision under paragraph 1, 2 or 3 of this Schedule, the Executive shall assume that the items to which the ineligible charges relate were not to be provided or made available.

Textual Amendments

Commencement Information

I14Sch. 2 para. 7 in operation at 20.11.2006, see reg. 1(1)

Housing associations etc.N.I.

8.—(1) Where the landlord is a housing association or a charity, the Executive shall assume that the landlord is not such a body.

(2) The Executive shall not take into account the rent under any tenancy where the landlord is a housing association or where the landlord is a charity and the dwelling is provided by the landlord in the pursuit of its charitable purposes.

(3) In this paragraph “charity” has the same meaning as in the Charities Act (Northern Ireland) 1964.

Commencement Information

I15Sch. 2 para. 8 in operation at 20.11.2006, see reg. 1(1)

PART IIIN.I.Indicative rent levels

9.—(1) The Executive shall decide the indicative rent level for each category described in sub-paragraph (3) in accordance with the following formula—N.I.

where—

  • I is the indicative rent level;

  • H is the highest rent, in the Executive’s opinion—

    (a)

    which a landlord might reasonably be expected to obtain at the time the decision is being made for an uncontrolled tenancy of a dwelling meeting the criteria in sub-paragraph (2); and

    (b)

    which is not an exceptionally high rent; and

  • L is the lowest rent, in the Executive’s opinion—

    (a)

    which a landlord might reasonably be expected to obtain at the time the decision is being made for an uncontrolled tenancy of a dwelling meeting the criteria in sub-paragraph (2); and

    (b)

    which is not an exceptionally low rent.

(2) The criteria are that—

(a)the dwelling is in a reasonable state of repair; and

(b)the dwelling and tenancy accord with the category to which the decision relates.

(3) The categories for the purposes of this paragraph are—

(a)a dwelling where the tenant does not have use of more than one room and where a substantial part of the rent under the tenancy is fairly attributable to board and attendance;

(b)a dwelling where the tenant does not have use of more than one room, the tenancy provides for him to share a kitchen or toilet and head (a) does not apply;

(c)a dwelling where the tenant does not have use of more than one room and where heads (a) and (b) do not apply;

(d)a dwelling where the tenant does not have use of more than 2 rooms and where none of heads (a) to (c) applies;

(e)a dwelling where the tenant does not have use of more than 3 rooms and where none of heads (a) to (d) applies;

(f)a dwelling where the tenant does not have use of more than 4 rooms and where none of heads (a) to (e) applies;

(g)a dwelling where the tenant does not have use of more than 5 rooms and where none of heads (a) to (f) applies; and

(h)a dwelling where the tenant does not have use of more than 6 rooms and where none of heads (a) to (g) applies.

(4) When ascertaining H and L under sub-paragraph (1), the Executive—

(a)shall assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and

(b)shall exclude the amount of any rent which, in the Executive’s opinion, is fairly attributable to the provision of services which are ineligible to be met by housing benefit.

(5) In this paragraph—

“room” means a bedroom or room suitable for living in and in heads (a), (b) and (c) of sub-paragraph (3) does not include a room which the tenant shares with any person other than—

(a)

a member of his household;

(b)

a non-dependant of the tenant; or

(c)

a person who pays rent to the tenant;

“services” has the meaning given in paragraph 4(5).

Commencement Information

I16Sch. 2 para. 9 in operation at 20.11.2006, see reg. 1(1)

PART IVN.I.Size criteria

10.  One bedroom or room suitable for living in shall be allowed for each of the following categories of occupier (and each occupier shall come within only the first category for which he is eligible)—N.I.

[F11(za)a member of a couple who cannot share a bedroom;

(zb)a member of a couple who can share a bedroom;]

(a)a couple;

[F12(ba)a child who cannot share a bedroomF13...;]

(b)a person who is not a child;

(c)2 children of the same sex;

(d)2 children who are less than 10 years old;

(e)a child.

[F14but the claimant is only entitled to a bedroom in respect of a child who cannot share a bedroom or a member of a couple who cannot share a bedroom if there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child or the member of the couple were able to share a bedroom.]

Textual Amendments

Commencement Information

I17Sch. 2 para. 10 in operation at 20.11.2006, see reg. 1(1)

[F15 10A.  One additional bedroom is allowed where on the application for the determination—N.I.

(a)[F16one or more of the following persons is stated as being a person who requires overnight care—

(i)the tenant;

(ii)the tenant’s partner;

(iii)a person (other than the tenant or the tenant’s partner) who occupies the dwelling as their home;

(iv)a child or young person in respect of whom the tenant or the tenant’s partner is a qualifying parent or carer; or]

(b)the tenant or tenant’s partner is (or both of them are) stated as being a qualifying parent or carer.

Textual Amendments

10B.  Two additional bedrooms are allowed where sub-paragraphs (a) and (b) of paragraph 10A both apply.]N.I.

Textual Amendments

11.  The number of rooms (excluding any allowed under paragraph 10) suitable for living in allowed are—N.I.

(a)if there are less than 4 occupiers, one;

(b)if there are more than 3 and less than 7 occupiers, 2; and

(c)in any other case, 3.

Commencement Information

I18Sch. 2 para. 11 in operation at 20.11.2006, see reg. 1(1)

PART VN.I.Special cases

HouseboatsN.I.

12.  Where a decision relates in whole or in part to mooring charges for a houseboat, this Schedule applies in relation to that decision (or, as the case may be, to that part which relates to those charges) with the following modifications—

(a)references to a tenancy, a tenancy of a dwelling or an uncontrolled tenancy are references to an agreement under which those charges are payable (and references to a landlord and a tenant shall be construed accordingly); and

(b)no decision shall be made under paragraph 2 and references to the dwelling exceeding the size criteria shall not apply.

Commencement Information

I19Sch. 2 para. 12 in operation at 20.11.2006, see reg. 1(1)

Mobile homesN.I.

13.  Where a decision relates in whole or in part to payments in respect of the site on which a caravan or a mobile home stands, this Schedule applies in relation to that decision (or, as the case may be, that part which relates to those payments) with the following modifications—

(a)references to a tenancy, a tenancy of a dwelling or an uncontrolled tenancy are references to an agreement under which those payments are payable (and references to a landlord and a tenant shall be construed accordingly); and

(b)no decision shall be made under paragraph 2 and references to the dwelling exceeding the size criteria shall not apply.

Commencement Information

I20Sch. 2 para. 13 in operation at 20.11.2006, see reg. 1(1)

Rental purchase agreementsN.I.

14.  Where a decision relates to a rental purchase agreement, the agreement is to be treated as if it were a tenancy.

Commencement Information

I21Sch. 2 para. 14 in operation at 20.11.2006, see reg. 1(1)

PART VIN.I.Interpretation

15.  In this Schedule—N.I.

“uncontrolled tenancy” means a tenancy which is not a [F17controlled tenancy within the meaning of Article 40(4) of the Private Tenancies (Northern Ireland) Order 2006] or a secure tenancy within the meaning of Article 25 of the Housing (Northern Ireland) Order 1983(1);

“decision” means a decision made in accordance with Part I or Part III;

“dwelling” means any residential accommodation whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;

“occupier” means a person (whether or not identified by name) who is stated to occupy the dwelling as his home;

“relevant time” means the time the application for the decision is made or, if earlier, the tenancy ends;

“size criteria” means the standards relating to bedrooms and rooms suitable for living in specified in this Schedule;

“tenancy” includes—

(a)

a licence; and

(b)

a prospective tenancy or licence, and

references to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly.

Textual Amendments

Commencement Information

I22Sch. 2 para. 15 in operation at 20.11.2006, see reg. 1(1)

Regulation 15(3)(b) and 16(2)(b)

SCHEDULE 3N.I.Excluded tenancies

1.  An excluded tenancy is any tenancy to which any of the following paragraphs apply.N.I.

Commencement Information

I23Sch. 3 para. 1 in operation at 20.11.2006, see reg. 1(1)

2.—(1) Subject to the following sub-paragraphs, where the Executive has made a decision, which relates to the tenancy in question or any other tenancy of the same dwelling this paragraph applies to—N.I.

(a)the tenancy in respect of which that decision was made; and

(b)any other tenancy of the same dwelling on terms which are substantially the same, other than the term relating to the amount of rent, as those terms were at the time of that decision or, if earlier, at the end of the tenancy.

(2) For the purposes of any claim, notification or request (“the later application”), a tenancy shall not be an excluded tenancy by virtue of sub-paragraph (1) by reference to the Executive’s decision made in consequence of an earlier claim, notification or request (“the earlier application”) where—

(a)the earlier and later applications were made in respect of the same claimant or different claimants; and

(b)the earlier application was made more than 52 weeks before the later application was made.

(3) Sub-paragraph (1) shall not apply where subsequent to the making of the decision mentioned in that sub-paragraph—

(a)the number of occupiers of the dwelling has changed and that dwelling is not in a hostel;

(b)there has been a substantial change in the condition of the dwelling (including the making of improvements) or the terms of the tenancy other than a term relating to rent;

(c)there has been a rent increase under a term of the tenancy and the term under which that increase was made was either included in the tenancy at the time when the application for that decision was made (or was a term substantially the same as such a term) and that decision was not made under paragraph 1(2), 2(2) or 3(3) of Schedule 2;

(d)in a case where the Executive has made a decision under paragraph 2(2) of Schedule 2, but since the date of the application for that decision—

(i)a child, who is a member of the household occupying the dwelling, has attained the age of 10 years;

(ii)a young person, who is a member of the household occupying that dwelling, has attained the age of 16 years, or

(iii)there is a change in the composition of the household occupying the dwelling;

F18(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(f)any person mentioned in paragraph 10A of Schedule 2 becomes or ceases to be a person who requires overnight care where that affects the size criteria, as set out in Schedule 2, applicable in the claimant’s case;]

[F20(g)the claimant or the claimant’s partner becomes, or ceases to be, a qualifying parent or carer where that affects the size criteria, as set out in Part IV of Schedule 2, applicable in the claimant’s case; or

(h)an occupier becomes or ceases to be a child who cannot share a bedroom [F21or a member of a couple who cannot share a bedroom] where that affects the size criteria, as set out in Part IV of Schedule 2, applicable in the claimant’s case.]

[F22(4) For the purposes of sub-paragraph (3)(d)(iii) it does not amount to a change in the composition of the household where a son, daughter, step-son or step-daughter of the claimant or the claimant’s partner who is the claimant’s non-dependant ceases to occupy the dwelling as their home because they become a member of the armed forces away on operations, or subsequently resumes occupying the dwelling as their home on ceasing to be a member of the armed forces away on operations.]

Textual Amendments

Commencement Information

I24Sch. 3 para. 2 in operation at 20.11.2006, see reg. 1(1)

3.  This paragraph applies where the landlord is a registered housing association, except in a case where the Executive consider that—N.I.

(a)the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependants of his and any person paying rent to him); or

(b)the rent payable for that dwelling is unreasonably high.

Commencement Information

I25Sch. 3 para. 3 in operation at 20.11.2006, see reg. 1(1)

4.  This paragraph applies to a tenancy which is a [F23controlled tenancy within the meaning of Article 40(4) of the Private Tenancies (Northern Ireland) Order 2006] .N.I.

Textual Amendments

Commencement Information

I26Sch. 3 para. 4 in operation at 20.11.2006, see reg. 1(1)

5.—(1) Subject to sub-paragraphs (2) and (3) this paragraph applies to a tenancy in respect of a dwelling comprised in land which has been disposed of under Article 88 of the Housing (Northern Ireland) Order 1981(2).N.I.

(2) This paragraph shall not apply to a tenancy to which sub-paragraph (1) refers if—

(a)there has been an increase in rent since the disposal occured; and

(b)the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependant of his and any person paying rent to him); or

(c)the rent payable for that dwelling is unreasonably high.

(3) Where the disposal took place on or after 7th October 2002, sub-paragraph (2) shall apply to a tenancy to which sub-paragraph (1) refers as if head (b) were omitted.

Commencement Information

I27Sch. 3 para. 5 in operation at 20.11.2006, see reg. 1(1)

6.  In this Schedule expressions have the same meaning as in regulation 16(5) and, in the case of a decision under regulation 16(1), any reference to a “tenancy” shall be taken as a reference to a prospective tenancy and any reference to an “occupier” or any person “occupying” a dwelling shall, in the case of such a decision be taken to be a reference to a potential occupier or potential occupation of that dwelling.N.I.

Commencement Information

I28Sch. 3 para. 6 in operation at 20.11.2006, see reg. 1(1)

Regulation 20

SCHEDULE 4N.I.Applicable amounts

Modifications etc. (not altering text)

F24F25F25PART IN.I.PERSONAL ALLOWANCES

Textual Amendments

F24Sum in Sch. 4 para. 2(1) Table substituted (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(5)(b), 34

F25Sum in Sch. 4 para. 3(1) substituted (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(6)

Modifications etc. (not altering text)

C13Sch. 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

C14Sch. 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

C16Sch. 4 Pt. I: sums amended (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(5), Sch. 7

C17Sch. 4 Pt. I: sums amended (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(5), Sch. 7

C18Sch. 4 Pt. I: sums amended (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(5), Sch. 7

C19Sch. 4 Pt. I: sums amended (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(5), Sch. 7

C22Sch. 4 Pt. I: sums amended (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(5), Sch. 6

C27Sch. 4 para. 1: sums amended (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(5)(a), Sch. 6, 34

C28Sch. 4 para. 1: sums amended (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(5)(a), Sch. 6

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

(1) Single claimant or lone parent aged—

(a)under 65;

(a)[F26£155∙60];

(b)65 or over.

(b)[F26£168∙70];.

(2) Couple—

(a)both members aged under 65;

(a)[F27£237∙55];

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

(b)[F27£252∙30].

(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)[F28£237∙55];

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

(b)[F28£81∙95].

(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)[F29£252∙30];

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

(b)[F29£83∙60].

Textual Amendments

F26Sums in Sch. 4 para. 1(1) substituted (1.4.2016 in so far as not already in operation, 4.4.2016 for specified purposes) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations (Northern Ireland) 2016 (S.R. 2016/110), regs. 1(f), 6(3)(a)

F27Sums in Sch. 4 para. 1(2) substituted (1.4.2016 in so far as not already in operation, 4.4.2016 for specified purposes) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations (Northern Ireland) 2016 (S.R. 2016/110), regs. 1(f), 6(3)(b)

F28Sums in Sch. 4 para. 1(3) substituted (1.4.2016 in so far as not already in operation, 4.4.2016 for specified purposes) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations (Northern Ireland) 2016 (S.R. 2016/110), regs. 1(f), 6(3)(c)

F29Sums in Sch. 4 para. 1(4) substituted (1.4.2016 in so far as not already in operation, 4.4.2016 for specified purposes) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations (Northern Ireland) 2016 (S.R. 2016/110), regs. 1(f), 6(3)(d)

Modifications etc. (not altering text)

C30Sch. 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;

[F30(a)[F31£70.80];]

(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)[F31£70.80];

Textual Amendments

F30Sum in Sch. 4 para. 2(1) substituted (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(5)(b)

Modifications etc. (not altering text)

[F32PART IIN.I.Family premium

Textual Amendments

3.—F33F34F35(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 [F36£17.85.]N.I.

F37(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F33Sum in Sch. 4 Pt. II para. 3(1) substituted (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(6)

F34Sum in Sch. 4 Pt. II para. 3(1) substituted (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 (S.R. 2014/78), arts. 1(1)(i), 20(6)

F35Sum 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)

Modifications etc. (not altering text)

C35Sch. 4 para. 3(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 (S.R. 2017/56), arts. 1(1)(j), 23(6)

C36Sch. 4 para. 3(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 (S.R. 2017/56), arts. 1(1)(j), 23(6)

C38Sch. 4 para. 3(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(6)

Commencement Information

I29Sch. 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

I30Sch. 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(3) 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(4) or section 1(1) of the 1950 Act(5) or for any period during which he is in receipt of a training allowance.

[F38(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 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—

(a)armed forces independence payment;

(b)attendance allowance;

(c)the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act [F39, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations] ; F40...

[F41(ca)the daily living component of adult disability payment at the standard or enhanced rated in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or]

(d)the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order.]

Textual Amendments

Commencement Information

I31Sch. 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 [F42armed forces independence payment,] attendance allowance, [F43the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act[F44, ]the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order] [F45, or the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022] ;

(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 [F46under section 70 of the Act or has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016] in respect of caring for him;

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

(i)the claimant is in receipt of [F47armed forces independence payment,] attendance allowance, [F48the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act[F49, ]the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order] [F50or the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022] ;

(ii)his partner is also in receipt of such an allowance [F51or payment] or, if the claimant is a member of a polygamous marriage, each other member of that marriage is in receipt of such an allowance [F51or payment], 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 [F52or has an award of universal credit that includes the carer element] 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 [F53or has such an award of universal credit] 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.

[F54(4) For the purposes of sub-paragraph (3), a person is blind if he is certified as severely sight impaired or blind by a consultant ophthalmologist.]

[F55(5) For the purposes of sub-paragraph (4), a person who has ceased to be certified as severely sight impaired or 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 certified.]

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

(a)a person receiving [F56armed forces independence payment,] attendance allowance, [F57the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act[F58, ]the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order] [F59the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for] ; 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 [F60or having an award of universal credit which includes the carer element] 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.

[F61(c)as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83 of the 2015 Order, if he would, but for payment ceasing by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients), be so in receipt [F62or have such an award of universal credit] .]

[F63(d)as being in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability for Working Age People (Scotland) Regulations 2022, if they would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so 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 [F64or an award of universal credit which includes the carer element] to the extent that payment of such an award is backdated for a period before [F65the date on which the award is first paid] ; and

(b)references to a person being in receipt of a carer’s allowance [F66or as having an award of universal credit which includes the carer element] shall include references to a person who would have been in receipt of that allowance [F67or had such an award of universal credit] but for the application of a restriction under section [F685B or] 6 of the Social Security Fraud Act (Northern Ireland) 2001(6) (loss of benefit provisions).

Textual Amendments

Commencement Information

I32Sch. 4 para. 6 in operation at 20.11.2006, see reg. 1(1)

Enhanced disability premiumN.I.

7.—[F69( 1 ) Subject to sub-paragraph (2), the condition is that—

(a)in respect of a child or young person who is a member of the claimant’s family—

(i)the care component of disability living allowance is, or would be, 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, payable at the highest rate prescribed under section 72(3) of the Act, F70...

(ii)the daily living component of personal independence payment is payable, or has ceased to be payable by virtue of regulations under Article 91(1) of the 2015 Order (hospital in-patients), at the enhanced rate under Article 83(2) of that Order; or

[F71(aa)the care component of child disability payment is payable at the highest rate in accordance with regulation 11(5) of the DACYP Regulations in respect of a member of the claimant’s family; F72...]

(b)armed forces independence payment is payable in respect of a young person who is a member of the claimant’s family][F73; or

(c)the daily living component of adult disability payment is payable, or has ceased to be payable by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability for Working Age People (Scotland) Regulations 2022, at the enhanced rate in accordance with regulation 5 of those Regulations;]

[F74(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 [F75or 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

Commencement Information

I33Sch. 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—

[F76(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;

[F77(aa)is in receipt of child disability payment;]

(b)is blind within the meaning of paragraph 6(4) or is treated as blind in accordance with paragraph 6(5); F78...

[F79(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][F80; F78...

(d)is a young person who is in receipt of personal independence payment or who would, but for payment ceasing by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients) be so in receipt, provided that the young person continues to be a member of the family][F81or

(e)is a young person who is in receipt of adult disability payment or who would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 be so in receipt, provided that the young person continues to be a member of the family]

Textual Amendments

Commencement Information

I34Sch. 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

I35Sch. 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

I36Sch. 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

I37Sch. 4 para. 11 in operation at 20.11.2006, see reg. 1(1)

[F82PART IVN.I.AMOUNTS OF PREMIUM SPECIFIED IN PART III

Textual Amendments

F82Sum 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)

C43Sch. 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

C44Sch. 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

C46Sch. 4 Pt. IV: sums amended (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(7), Sch. 8

C47Sch. 4 Pt. IV: sums amended (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(7), Sch. 8

C48Sch. 4 Pt. IV: sums amended (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(7), Sch. 8

C49Sch. 4 Pt. IV: sums amended (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(7), Sch. 8

C52Sch. 4 Pt. IV: sums amended (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(7), Sch. 7

C57Sch. 4 Pt. IV: sums amended (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(7), Sch. 7, 34

C58Sch. 4 Pt. IV: sums amended (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(7), Sch. 7

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 [F83or who has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016,] 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 [F84or such an award of universal credit] .

(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.]

Textual Amendments

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

I38Sch. 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

I39Sch. 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(7);

(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(8);

(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(9), regulations made under section 2 of the Armed Forces Act 1966(10), 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(11) 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

I40Sch. 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

I41Sch. 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(12);

(ii)severe disablement allowance under section 68 of the Act(13);

(iii)attendance allowance;

(iv)disability living allowance under sections 71 to 76 of the Act(14);

[F85(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(15) (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme I983(16);

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

[F86(vii)main phase employment and support allowance;]

[F87(viii)personal independence payment;]

[F88(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(17) (incapacity benefit: rate), 196 days;

(ii)in any other case, 364 days [F89or

(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 [F90or 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 F91...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

I42Sch. 5 para. 5 in operation at 20.11.2006, see reg. 1(1)

[F925A.—(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 [F93or 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

I43Sch. 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

I44Sch. 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

I45Sch. 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 [F94£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;

[F95(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

[F96(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

F94Sch. 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)

F96Sum 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)

C61Sch. 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)

C64Sch. 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)

C65Sch. 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)

C66Sch. 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)

C67Sch. 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)

C70Sch. 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)

C75Sch. 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

C76Sch. 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)

C78Sch. 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

C79Sch. 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)

C82Sch. 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)

C83Sch. 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)

C84Sch. 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)

C85Sch. 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)

C88Sch. 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)

C93Sch. 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)

Commencement Information

I46Sch. 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

I47Sch. 5 para. 10 in operation at 20.11.2006, see reg. 1(1)

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;

[F97(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;

[F98(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;

[F99(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 F100...(18)(19)(20)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 [F101and, if the amount of that payment has been abated by a [F102ension or payment falling within Article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005] , an amount of [F103that 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

I48Sch. 6 para. 1 in operation at 20.11.2006, see reg. 1(1)

[F1042.  £10 of a pension paid by a government to victims of National Socialist persecution.]N.I.

Textual Amendments

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

I49Sch. 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

I50Sch. 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) [F105and 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

I51Sch. 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(21) (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

I52Sch. 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”(22) 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

I53Sch. 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(23).N.I.

Commencement Information

I54Sch. 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

I55Sch. 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

I56Sch. 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

I57Sch. 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 [F106or, if it was higher at that time, pensionable age] ;

(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(24);

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

Textual Amendments

Commencement Information

I58Sch. 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 [F107, 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(25).

(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

I59Sch. 6 para. 13 in operation at 20.11.2006, see reg. 1(1)

14.  Any increase in F108... 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 F109...partner.N.I.

Textual Amendments

Commencement Information

I60Sch. 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

I61Sch. 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

I62Sch. 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

I63Sch. 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

I64Sch. 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(26), 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

I65Sch. 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

I66Sch. 6 para. 20 in operation at 20.11.2006, see reg. 1(1)

21.—(1) [F110Where a claimant’s family includes at least one child or young person,]£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.

(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.

Textual Amendments

Commencement Information

I67Sch. 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 [F111any of] the conditions of sub-paragraph (2) of that paragraph, any amount of working tax credit up to [F112£37.10.]N.I.

Textual Amendments

F112Sch. 6 para. 22 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)(b)

Modifications etc. (not altering text)

C96Sch. 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)

C99Sch. 6 para. 22: 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), 2823(9)

C100Sch. 6 para. 22: 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(9)

C104Sch. 6 para. 22: 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(9), 34

Commencement Information

I68Sch. 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

I69Sch. 6 para. 23 in operation at 20.11.2006, see reg. 1(1)

F11324.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

[F11425.  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

Regulation 42(2)

SCHEDULE 7N.I.Capital to be disregarded

Modifications etc. (not altering text)

PART IN.I.Capital to be disregarded generally

1.  Any premises or land acquired for occupation by the claimant which he intends to occupy as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises or land.N.I.

Commencement Information

I70Sch. 7 para. 1 in operation at 20.11.2006, see reg. 1(1)

2.  Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.N.I.

Commencement Information

I71Sch. 7 para. 2 in operation at 20.11.2006, see reg. 1(1)

3.  Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is necessary to enable those repairs or alterations to be carried out.N.I.

Commencement Information

I72Sch. 7 para. 3 in operation at 20.11.2006, see reg. 1(1)

4.  Any premises occupied in whole or in part by—N.I.

(a)a person who is a relative of the claimant or of his partner as his home [F115where that person has attained the qualifying age for state pension credit or is incapacitated] ;

(b)the former partner of the claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced or with whom he had formed a civil partnership that has been dissolved.

Textual Amendments

Commencement Information

I73Sch. 7 para. 4 in operation at 20.11.2006, see reg. 1(1)

5.  Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.N.I.

Commencement Information

I74Sch. 7 para. 5 in operation at 20.11.2006, see reg. 1(1)

6.  Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner or the dissolution of a civil partnership with his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling or, where the dwelling is occupied as the home by the former partner who is a lone parent, for so long as it is so occupied.N.I.

Commencement Information

I75Sch. 7 para. 6 in operation at 20.11.2006, see reg. 1(1)

7.  Any premises or land where the claimant is taking reasonable steps to dispose of the whole of his interest in those premises or that land, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises or that land.N.I.

Commencement Information

I76Sch. 7 para. 7 in operation at 20.11.2006, see reg. 1(1)

8.  All personal possessions.N.I.

Commencement Information

I77Sch. 7 para. 8 in operation at 20.11.2006, see reg. 1(1)

9.  The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner or, if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of those assets.N.I.

Commencement Information

I78Sch. 7 para. 9 in operation at 20.11.2006, see reg. 1(1)

10.  The assets of any business owned in whole or in part by the claimant if—N.I.

(a)he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but

(b)he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged, or re-engaged, in that business,

for a period of 26 weeks from the date on which the claim for housing benefit is made or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.

Commencement Information

I79Sch. 7 para. 10 in operation at 20.11.2006, see reg. 1(1)

11.  The surrender value of any policy of life insurance.N.I.

Commencement Information

I80Sch. 7 para. 11 in operation at 20.11.2006, see reg. 1(1)

12.  The value of any funeral plan contract; and for this purpose, “funeral plan contract” means a contract under which—N.I.

(a)the claimant makes one or more payments to another person (“the provider”);

(b)the provider undertakes to provide, or secure the provision of, a funeral in the United Kingdom or in the Republic of Ireland for the claimant on his death; and

(c)the sole purpose of the plan is to provide or secure the provision of a funeral for the claimant on his death.

Commencement Information

I81Sch. 7 para. 12 in operation at 20.11.2006, see reg. 1(1)

13.  Where an ex-gratia payment has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or internment of—N.I.

(a)the claimant;

(b)the claimant’s partner;

(c)the claimant’s deceased spouse or deceased civil partner; or

(d)the claimant’s partner’s deceased spouse or deceased civil partner,

by the Japanese during the Second World War, an amount equal to that payment.

Commencement Information

I82Sch. 7 para. 13 in operation at 20.11.2006, see reg. 1(1)

14.—(1) Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a claimant’s partner who is—N.I.

(a)a diagnosed person;

(b)a diagnosed person’s partner or was a diagnosed person’s partner at the date of the diagnosed person’s death; or

(c)a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death.

(2) Where a trust payment is made to—

(a)a person referred to in sub-paragraph (1)(a) or (b), that sub paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;

(b)a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending 2 years after that date.

(3) Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a claimant’s partner who is—

(a)the diagnosed person;

(b)a diagnosed person’s partner or was a diagnosed person’s partner at the date of the diagnosed person’s death; or

(c)a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death.

(4) Where a payment such as referred to in sub-paragraph (3) is made to—

(a)a person referred to in sub-paragraph (3)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the payment is made and ending on the date on which that person dies;

(b)a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which the payment is made and ending 2 years after that date.

(5) In this paragraph, a reference to a person—

(a)being the diagnosed person’s partner;

(b)acting in place of the diagnosed person’s parents,

at the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person residing in a residential care home, a nursing home or an independent hospital.

(6) In this paragraph—

“diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;

“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;

“trust payment” means a payment under a relevant trust.

Commencement Information

I83Sch. 7 para. 14 in operation at 20.11.2006, see reg. 1(1)

15.  The amount of any payment, other than a [F116war pension] , to compensate for the fact that the claimant, the claimant’s partner, the claimant’s deceased spouse or civil partner or the claimant’s partner’s deceased spouse or civil partner—N.I.

(a)was a slave labourer or a forced labourer;

(b)had suffered property loss or had suffered personal injury; or

(c)was a parent of a child who had died,

during the Second World War.

Textual Amendments

Commencement Information

I84Sch. 7 para. 15 in operation at 20.11.2006, see reg. 1(1)

16.—(1) Any payment made under [F117or by] —N.I.

(a)the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust[F118, MFET Limited], the Skipton Fund [F119, the Caxton Foundation] [F120, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme] [F121, the London Emergencies Trust, the We Love Manchester Emergency Fund] [F122the National Emergencies Trust] or the London Bombings Relief Charitable Fund (collectively referred to in this paragraph as “the Trusts”); or

(b)the Independent Living [F123Fund (2006)] .

[F124(1A) Any Grenfell Tower payment [F125, child abuse payment, Windrush payment] or any payment made by the Child Migrants Trust (registered charity number 1171479) under the scheme for former British child migrants.]

(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under [F117or by] any of the Trusts [F126, or from a Grenfell Tower payment,] [F127, a child abuse payment or a Windrush payment] and which is made to or for the benefit of that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person’s death.

(3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under [F117or by] any of the Trusts [F126, or from a Grenfell Tower payment,][F127, a child abuse payment or a Windrush payment] and which is made to or for the benefit of the person who is suffering from haemophilia or who is a qualifying person.

(4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under [F117or by] any of the Trusts [F126, or from a Grenfell Tower payment,][F127, a child abuse payment or a Windrush payment] where—

(a)that person has no partner or former partner from whom he is not estranged or divorced or with whom he has formed a civil partnership that has not been dissolved nor any child who is or had been a member of that person’s household; and

(b)the payment is made either—

(i)to that person’s parent or step-parent, or

(ii)where that person at the date of the payment is a child or a student who has not completed his full-time education and has no parent or step-parent, to any person standing in the place of his parent,

but only for a period from the date of the payment until the end of 2 years from that person’s death.

F117(5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under any of the Trusts [F126, or from a Grenfell Tower payment,][F127, a child abuse payment or a Windrush payment] where—

(a)that person at the date of his death (“the relevant date”) had no partner or former partner from whom he was not estranged or divorced or with whom he has formed a civil partnership that has not been dissolved, nor any child who was or had been a member of his household; and

(b)the payment is made either—

(i)to that person’s parent or step-parent, or

(ii)where that person at the relevant date was a child or a student who had not completed his full-time education and had no parent or step-parent, to any person standing in place of his parent,

but only for a period of 2 years from the relevant date.

(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts [F128or from a Grenfell Tower payment][F127, a child abuse payment or a Windrush payment] .

Textual Amendments

F117Words in Sch. 7 para. 16(1)-(5) inserted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in operation) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/69), regs. 1(3)(b), 9(5)(c)

F118Words in Sch. 7 para. 16(1)(a) inserted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in operation) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/69), regs. 1(3)(b), 9(3)(d)

Commencement Information

I85Sch. 7 para. 16 in operation at 20.11.2006, see reg. 1(1)

17.—(1) An amount equal to the amount of any payment made in consequence of any personal injury to the claimant or, if the claimant has a partner, to the partner.N.I.

(2) Where the whole or part of the payment is administered—

(a)by the High Court under the provisions of Order 80 or 109 of the Rules of the Supreme Court (Northern Ireland) 1980(27), the County Court under Order 44 of the County Court Rules (Northern Ireland) 1981(28), or Article 21 of the County Courts (Northern Ireland) Order 1980(29), or on behalf of a person where the payment can only be disposed of by order or direction of any such court; or

(b)in accordance with the terms of a trust established for the benefit of the claimant or his partner,

the whole of the amount so administered.

Commencement Information

I86Sch. 7 para. 17 in operation at 20.11.2006, see reg. 1(1)

18.  Any amount specified in paragraph 19, 20 [F129, 21 or 28A] for a period of one year beginning with the date of receipt.N.I.

Textual Amendments

Commencement Information

I87Sch. 7 para. 18 in operation at 20.11.2006, see reg. 1(1)

19.  Amounts paid under a policy of insurance in connection with the loss of or damage to the property occupied by the claimant as his home and to his personal possessions.N.I.

Commencement Information

I88Sch. 7 para. 19 in operation at 20.11.2006, see reg. 1(1)

20.  So much of any amounts paid to the claimant or deposited in the claimant’s name for the sole purpose of—N.I.

(a)purchasing premises which the claimant intends to occupy as his home; or

(b)effecting essential repairs or alterations to the premises occupied or intended to be occupied by the claimant as his home.

Commencement Information

I89Sch. 7 para. 20 in operation at 20.11.2006, see reg. 1(1)

21.—(1) Subject to paragraph 22, any amount paid—N.I.

(a)by way of arrears of benefit;

(b)by way of compensation for the late payment of benefit;

(c)in lieu of the payment of benefit;

(d)to rectify, or compensate for, an official error, as defined for the purposes of paragraph 22, being an amount to which that paragraph does not apply;

(e)by the Executive to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

[F130(f)to rectify, or to compensate for, an error made by an officer of the Department which was not caused or materially contributed to by any person outside the Department and which prevented or delayed an assessment of the claimant’s entitlement to contributory employment and support allowance, being an amount to which paragraph 22(1A) does not apply.]

(2) In sub-paragraph (1), “benefit” means—

[F131(za)armed forces independence payment;]

(a)attendance allowance under section 64 of the Act;

(b)disability living allowance;

[F132(ba)personal independence payment;]

(c)income support;

(d)income-based jobseeker’s allowance;

(e)state pension credit;

(f)housing benefit;

(g)child tax credit;

(h)an increase of a disablement pension under section 104 of the Act (increase where constant attendance needed), and any further increase of such a pension under section 105 of the Act (increase for exceptionally severe disablement);

(i)any amount included on account of the claimant’s exceptionally severe disablement or need for constant attendance in a [F133war pension] ;

(j)any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations (Northern Ireland) 2001(30); F134...

(k)working tax credit; F135...

[F136(ka)bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015.]

[F137(l)income-related employment and support allowance]F138[F139...

(m)social fund payments, [F140or]]

[F141(n)universal credit.]

[F142(o)early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.]

[F143(p)funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.]

[F144(q)maternity allowance under section 35 of the Act (state maternity allowance for employed or self-employed earner).]

[F145(r)disability assistance given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018;]

[F146(s)any assistance given in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.]

[F147(t)short-term assistance given in accordance with regulations made under section 36 of the Social Security (Scotland) Act 2018;]

[F148(u)winter heating assistance given in accordance with regulations made under section 30 of the Social Security (Scotland) Act 2018;]

[F149(3) In sub-paragraph (1) “contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the 2015 Order (that remove references to an income-related allowance).]

Textual Amendments

Commencement Information

I90Sch. 7 para. 21 in operation at 20.11.2006, see reg. 1(1)

22.—(1) Subject to sub-paragraph (3), any payment of £5,000 or more which has been made to rectify, or to compensate for, an official error [F150or an error on a point of law] relating to a relevant benefit and has been received by the claimant in full on or after the day on which he became entitled to benefit under these Regulations or the Housing Benefit Regulations.N.I.

[F151(1A) Subject to sub-paragraph (3), any payment of £5,000 or more received by the claimant in full on or after the day on which the claimant became entitled to benefit under these Regulations or the Housing Benefit Regulations which has been made to rectify, or to compensate for, an error made by an officer of the Department which was not caused or materially contributed to by any person outside the Department and which prevented or delayed an assessment of the claimant’s entitlement to contributory employment and support allowance.

(1B) In sub-paragraph (1) “contributory employment and support allowance” has the meaning in paragraph 21(3) of this Schedule.]

(2) Subject to sub-paragraph (3), the total amount of any payments disregarded under—

(a)paragraph 7(2) of Schedule 10 to the Income Support Regulations(31);

(b)paragraph 12(2) of Schedule 7 to the Jobseeker’s Allowance Regulations(32);

(c)paragraph 9(2) [F152or 9A] of Schedule 7 to the Housing Benefit Regulations;

(d)paragraph 20A of Schedule 5 to State Pension Credit Regulations (Northern Ireland) 2003(33),

[F153(e)paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations,]

[F154(f)paragraph 18 of Schedule 10 to the Universal Credit Regulations (Northern Ireland) 2016]

[F155(g)regulations 8A to 8C of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016;]

where the award in respect of which the payments last fell to be disregarded under those Regulations either terminated immediately before the relevant date or is still in existence at that date.

(3) Any disregard which applies under sub-paragraph [F156(1), (1A) or (2)] shall have effect until the award comes to an end.

(4) In this paragraph—

“the award”, except in sub-paragraph (2), means—

(a)

the award of benefit under these Regulations during which the relevant sum or, where it is paid in more than one instalment, the first instalment of that sum is received; and

(b)

where that award is followed by one or more further awards which, or each of which, begins immediately after the previous award ends, such further awards until the end of the last such award, provided that, for such further awards, the claimant—

(i)

is the person who received the relevant sum;

(ii)

is the partner of that person, or

(iii)

was the partner of that person at the date of his death;

“official error”—

(a)

where the error relates to housing benefit, has the meaning given by regulation 1(2) of the Decisions and Appeals Regulations; and

(b)

where the error relates to any other relevant benefit, has the meaning given by regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(34);

“the relevant date” means—

(a)

in the case of an existing award of benefit under these Regulations or the Housing Benefit Regulations, 6th October 2003; and

(b)

in any other case, the date on which the claim for benefit under these Regulations or the Housing Benefit Regulations was made;

“relevant benefit” means any benefit specified in paragraph 21(2);

“the relevant sum” means the payment referred to in sub-paragraph (1) or the total amount referred to in sub-paragraph (2).

Textual Amendments

Commencement Information

I91Sch. 7 para. 22 in operation at 20.11.2006, see reg. 1(1)

23.  Where a capital asset is held in a currency other than sterling, any banking charge or commission payable in converting that capital into sterling.N.I.

Commencement Information

I92Sch. 7 para. 23 in operation at 20.11.2006, see reg. 1(1)

24.  The value of the right to receive income from an occupational pension scheme or a personal pension scheme.N.I.

Commencement Information

I93Sch. 7 para. 24 in operation at 20.11.2006, see reg. 1(1)

F15725.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

26.  The dwelling occupied as the home; but only one dwelling shall be disregarded under this paragraph.N.I.

Commencement Information

I94Sch. 7 para. 26 in operation at 20.11.2006, see reg. 1(1)

27.  Where an ex-gratia payment has been made by the Secretary of State to members of the families of the disappeared, but only for a period of 52 weeks from the date of receipt of that payment.N.I.

Commencement Information

I95Sch. 7 para. 27 in operation at 20.11.2006, see reg. 1(1)

28.  Where a person elects to be entitled to a lump sum under Schedule 5 or 5A to the Act or under Schedule 1 to the Graduated Retirement Benefit Regulations, or is treated as having made such an election, and a payment has been made pursuant to that election, an amount equal to—N.I.

(a)except where sub-paragraph (b) applies, the amount of any payment or payments made on account of that lump sum;

(b)the amount of that lump sum,

but only for so long as that person does not change that election in favour of an increase of pension or benefit.

Commencement Information

I96Sch. 7 para. 28 in operation at 20.11.2006, see reg. 1(1)

[F15828ZA.  Where a person chooses a lump sum under section 8(2) of the Pensions Act (Northern Ireland) 2015 or in accordance with regulations made under section 10 of that Act which include provision corresponding or similar to section 8(2) of that Act, or fails to make a choice, and a lump sum payment has been made, an amount equal to—N.I.

(a)except where sub-paragraph (b) applies, the amount of any payment or payments made on account of that lump sum;

(b)the amount of that lump sum,

but only for so long as that person does not alter that choice in favour of an increase of pension.]

Textual Amendments

[F15928A.  Any arrears of supplementary pension which is disregarded under paragraph 5 of Schedule 6 (amounts to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 6 or 7 of that Schedule.]N.I.

Textual Amendments

[F16028B.  Any payment made under Part 8A of the Act (entitlement to health in pregnancy grant).]N.I.

Textual Amendments

[F16128C.  Any payments made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (direct payments).] N.I.

Textual Amendments

28D.  [F162A payment of bereavement support payment in respect of the rate set out in regulation 3(2) or (5) (rate of bereavement support payment) of the Bereavement Support Payment Regulations (Northern Ireland) 2017, but only for a period of 52 weeks from the date of receipt of the payment.]N.I.

Textual Amendments

[F16328E.  Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.]N.I.

Textual Amendments

[F16428F.  Any sum paid by means of assistance in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.]N.I.

Textual Amendments

[F16528G.  Any sum paid by means of winter heating assistance in accordance with regulations made under section 30 of the Social Security (Scotland) Act 2018.]N.I.

Textual Amendments

[F166PART IIN.I.Capital disregarded only for the purposes of determining deemed income

Textual Amendments

29.  The value of the right to receive any income under a life interest.N.I.

Commencement Information

I97Sch. 7 para. 29 in operation at 20.11.2006, see reg. 1(1)

30.  The value of the right to receive any rent except where the claimant has a reversionary interest in the property in respect of which rent is due.N.I.

Commencement Information

I98Sch. 7 para. 30 in operation at 20.11.2006, see reg. 1(1)

31.  The value of the right to receive any income under an annuity or the surrender value (if any) of such an annuity.N.I.

Commencement Information

I99Sch. 7 para. 31 in operation at 20.11.2006, see reg. 1(1)

[F16731A.  Any ex-gratia payment made to a qualifying Equitable Life annuitant under regulation 2, or both regulations 2 and 3, of the Age-Related Payments Regulations 2013.]N.I.

Textual Amendments

32.  Where property is held under a trust, other than—N.I.

(a)a charitable trust within the meaning of the Charities Act (Northern Ireland) 1964(35); or

(b)a trust set up with any payment to which paragraph 16 of this Schedule applies,

and under the terms of the trust, payments fall to be made, or the trustees have a discretion to make payments, to or for the benefit of the claimant or the claimant’s partner, or both, that property.]

Commencement Information

I100Sch. 7 para. 32 in operation at 20.11.2006, see reg. 1(1)

Regulation 51

SCHEDULE 8N.I.Extended payments (severe disablement allowance and incapacity benefit) of housing benefit

F168...N.I.

F168  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 67

SCHEDULE 9N.I.Matters to be included in decision notice

Modifications etc. (not altering text)

PART IN.I.General

1.  The statement of matters to be included in any decision notice issued by a relevant authority to a person, and referred to in regulation 67 and in regulation 10 of the Decisions and Appeals Regulations are those matters set out in the following provisions of this Schedule.N.I.

Commencement Information

I101Sch. 9 para. 1 in operation at 20.11.2006, see reg. 1(1)

2.  Every decision notice shall include a statement as to the right of any person affected by that decision to request a written statement under regulation 67(2) and the manner and time in which to do so.N.I.

Commencement Information

I102Sch. 9 para. 2 in operation at 20.11.2006, see reg. 1(1)

3.  Every decision notice shall include a statement as to the right of any person affected by that decision to make an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations and, where appropriate, to appeal against that decision and the manner and time in which to do so.N.I.

Commencement Information

I103Sch. 9 para. 3 in operation at 20.11.2006, see reg. 1(1)

4.  Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall include a statement as to whether the original decision in respect of which the person made his representations has been confirmed or revised and where the relevant authority has not revised the decision the reasons why not.N.I.

Commencement Information

I104Sch. 9 para. 4 in operation at 20.11.2006, see reg. 1(1)

5.  Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall, if the original decision has been revised, include a statement as to the right of any person affected by that decision to apply for a revision in accordance with regulation 4(1)(a) of those Regulations and the manner and time in which to do so.N.I.

Commencement Information

I105Sch. 9 para. 5 in operation at 20.11.2006, see reg. 1(1)

6.  An authority may include in the decision notice any other matters not prescribed by this Schedule which it sees fit, whether expressly or by reference to some other document available without charge to the person.N.I.

Commencement Information

I106Sch. 9 para. 6 in operation at 20.11.2006, see reg. 1(1)

7.  Parts II, III and VI shall apply only to the decision notice given on a claim.N.I.

Commencement Information

I107Sch. 9 para. 7 in operation at 20.11.2006, see reg. 1(1)

8.  Where a decision notice is given following a revision of an earlier decision—N.I.

(a)made of the authority’s own motion which results in a revision of that earlier decision; or

(b)made following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations, whether or not resulting in a revision of that earlier decision,

that notice shall, subject to paragraph 6, contain a statement only as to all the matters revised.

Commencement Information

I108Sch. 9 para. 8 in operation at 20.11.2006, see reg. 1(1)

PART IIN.I.Awards where state pension credit [F169or an extended payment (qualifying contributory benefits)] is payable

Textual Amendments

9.—(1) Where a person on state pension credit is awarded housing benefit, the decision notice shall include a statement as to—N.I.

(a)his weekly eligible rates, if any;

(b)his weekly eligible rent, if any;

(c)the amount and an explanation of any deduction made under paragraph 6(2) or (3) of Schedule 1, if any, and that the deduction may be varied if he provides to the authority evidence on which it may estimate the actual or approximate amount of that service charge;

(d)the amount of, and the category of, non-dependant deductions made under regulation 53, if any;

(e)the normal weekly amount of rent allowance, or rent rebate or rate rebate, as the case may be, to which he is entitled;

(f)in the case of a rent allowance and a rate rebate paid as if it were a rent allowance, the day of payment, and the period in respect of which payment of that allowance is to be made;

(g)the first day of entitlement to an allowance or rebate; and

(h)his duty to notify any change of circumstances which might affect his entitlement to, or the amount of, housing benefit and (without prejudice to the extent of the duty owed under regulation 65 the kind of change of circumstances which is to be notified, either upon the notice or by reference to some other document available to him on application and without charge.

(2) In a case where a person on state pension credit has entitlement only to the savings credit, the following additional matters shall also be set out—

(a)the applicable amount and the basis of calculation;

(b)the amount of the savings credit taken into account;

(c)the amount of the person’s income and capital as notified to the relevant authority by the Department and taken into account for the purposes of the housing benefit assessment;

(d)any modification of the claimant’s income or capital made in accordance with regulation 25; and

(e)the amount of the claimant’s capital if regulation 25(7) applies in his case.

[F170(3) Where a claimant is entitled to an extended payment (qualifying contributory benefits) in accordance with regulation 51, the decision notice shall include a statement as to the matters set out in paragraph 9(1).]

Textual Amendments

Commencement Information

I109Sch. 9 para. 9 in operation at 20.11.2006, see reg. 1(1)

PART IIIN.I.Awards where no state pension credit is payable

10.  Where a person is not on state pension credit but is awarded housing benefit, the decision notice shall include a statement as to—N.I.

(a)the matters set out in paragraph 9;

(b)his applicable amount and how it is calculated;

(c)his weekly earnings; and

(d)his weekly income other than earnings.

Commencement Information

I110Sch. 9 para. 10 in operation at 20.11.2006, see reg. 1(1)

PART IVN.I.Awards where direct payments made to landlords

11.  Where a decision has been made under regulation 73 or 74, the decision notice shall include a statement—N.I.

(a)as to the amount of housing benefit which is to be paid direct to the landlord and the date from which it is to be paid;

(b)informing the landlord of the duty imposed upon him to notify the Executive of—

(i)any change in circumstances which might affect the claimant’s entitlement to housing benefit, or the amount of housing benefit payable in his case, and

(ii)the kind of change of circumstances which is to be notified; and

(c)informing both landlords and claimants that where a payment of housing benefit is recoverable from a landlord and the recovery is made from housing benefit payable to the landlord to discharge (in whole or in part) an obligation owed to him by a claimant, then, in a case where that claimant is not the person on whose behalf the recoverable amount was paid, that obligation shall nonetheless be taken to be discharged by the amount so recovered,

and the notice shall be sent both to the claimant and to the landlord.

Commencement Information

I111Sch. 9 para. 11 in operation at 20.11.2006, see reg. 1(1)

12.  In this Schedule, “landlord” has the same meaning as in regulation 73.N.I.

Commencement Information

I112Sch. 9 para. 12 in operation at 20.11.2006, see reg. 1(1)

PART VN.I.Notice where income of non-dependant is treated as claimant’s

13.  Where an authority makes a decision under regulation 22 the decision notice shall contain a statement as to—N.I.

(a)the fact that a decision has been made by reference to the income and capital of the claimant’s non-dependant; and

(b)the relevant authority’s reasons for making that decision.

Commencement Information

I113Sch. 9 para. 13 in operation at 20.11.2006, see reg. 1(1)

PART VIN.I.Notice where no award is made

14.—F171(...) Where a person is not awarded housing benefit—N.I.

(a)either on grounds of income or because the amount of any housing benefit is less than the minimum housing benefit prescribed by regulation 54, the decision notice shall include a statement as to—

(i)the matters set out in paragraph 9(1)(a) to (d), and in a case where the amount of entitlement is less than the minimum amount of housing benefit prescribed, paragraph 9(1)(e) also;

(ii)the matters set out in paragraph 10(b) to (d) where the person is not on [F172state pension credit] , and

(iii)where the amount of entitlement is less than the minimum amount of housing benefit prescribed, that fact and that such entitlement is not payable;

(b)for any reason other than one mentioned in sub-paragraph (a), the decision notice shall include a statement as to the reason why no award has been made.

Textual Amendments

Commencement Information

I114Sch. 9 para. 14 in operation at 20.11.2006, see reg. 1(1)

PART VIIN.I.Notice where recoverable overpayment

15.—(1) Where the appropriate authority makes a decision that there is a recoverable overpayment within the meaning of regulation 78, the decision notice shall include a statement as to—N.I.

(a)the fact that there is a recoverable overpayment;

(b)the reason why there is a recoverable overpayment;

(c)the amount of the recoverable overpayment;

(d)how the amount of the recoverable overpayment was calculated;

(e)the benefit weeks to which the recoverable overpayment relates; and

(f)where recovery of the recoverable overpayment is to be made by deduction from a rent allowance or rebate or rate rebate, as the case may be, that fact and the amount of the deduction.

(2) In a case where it is—

(a)determined that there is a recoverable overpayment;

(b)determined that that overpayment is recoverable from a landlord; and

(c)decided that recovery of that overpayment is to be made by deduction from a rent allowance paid to that landlord to discharge (in whole or in part) an obligation owed to him by a claimant (“claimant A”), not being the claimant on whose behalf the recoverable amount was paid,

the decision notice sent to that landlord shall identify both—

(i)the person on whose behalf the recoverable amount was paid to that landlord, and

(ii)claimant A.

Commencement Information

I115Sch. 9 para. 15 in operation at 20.11.2006, see reg. 1(1)

PART VIIIN.I.Notice following a decision on a work-focused interview

16.—(1) This Part applies in a case where a decision has been made in accordance with regulation 10 of the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003(36) that a person has failed to take part in a work-focused interview.N.I.

(2) In a case where one of the consequences specified in sub-paragraphs (3) and (4) apply, the decision notice shall include a statement as to the person’s right of appeal against the decision that he failed to take part in a work-focused interview.

(3) In a case where the consequence of the failure to take part is that the entitlement to housing benefit terminates, the decision notice shall include a statement as to—

(a)the last date of the entitlement to housing benefit;

(b)the reason entitlement terminated.

(4) In a case where the consequence of the failure to take part is that the amount of housing benefit payable is reduced, the decision notice shall include a statement as to—

(a)the amount by which the housing benefit is reduced;

(b)the date from which the reduction takes effect; and

(c)the reason for the reduction.

(5) In a case where a new decision is made reversing an earlier decision that a person failed to take part in a work-focused interview, the decision notice shall include a statement as to—

(a)the date from which the consequences of the failure cease to apply; and

(b)the reason for the new decision.

Commencement Information

I116Sch. 9 para. 16 in operation at 20.11.2006, see reg. 1(1)

[F173SCHEDULE 10N.I.Electronic communication

Textual Amendments

Modifications etc. (not altering text)

InterpretationN.I.

1.  In this Schedule “official computer system” means a computer system maintained by or on behalf of the relevant authority or of the Department for sending, receiving, processing or storing of any claim, certificate, notice, information or evidence.

Conditions for the use of electronic communicationN.I.

2.—(1) The relevant authority may use an electronic communication in connection with claims for, and awards of, housing benefit.

(2) A person other than the relevant authority may use an electronic communication in connection with the matters referred to in sub-paragraph (1) if the conditions specified in sub-paragraphs (3) to (6) are satisfied.

(3) The first condition is that the person is for the time being permitted to use an electronic communication by an authorisation given by means of a direction of the relevant authority.

(4) The second condition is that the person uses an approved method of—

(a)authenticating the identity of the sender of the communication;

(b)electronic communication;

(c)authenticating any claim or notice delivered by means of an electronic communication; and

(d)subject to sub-paragraph (7), submitting to the relevant authority any claim, certificate, notice, information or evidence.

(5) The third condition is that any claim, certificate, notice, information or evidence sent by means of an electronic communication is in a form approved for the purposes of this Schedule.

(6) The fourth condition is that the person maintains such records in written or electronic form as may be specified in a direction given by the relevant authority.

(7) Where the person uses any method other than the method approved of submitting any claim, certificate, notice, information or evidence, that claim, certificate, notice, information or evidence shall be treated as not having been submitted.

(8) In this paragraph “approved” means approved by means of a direction given by the relevant authority for the purposes of this Schedule.

Use of intermediariesN.I.

3.  The relevant authority may use intermediaries in connection with—

(a)the delivery of any claim, certificate, notice, information or evidence by means of an electronic communication; and

(b)the authentication or security of anything transmitted by such means,

and may require other persons to use intermediaries in connection with those matters.

Effect of delivering information by means of electronic communicationN.I.

4.—(1) Any claim, certificate, notice, information or evidence which is delivered by means of an electronic communication shall be treated as having been delivered in the manner or form required by any provision of these Regulations, on the day the conditions imposed—

(a)by this Schedule; and

(b)by or under a statutory provision,

are satisfied.

(2) The relevant authority may, by a direction, determine that any claim, certificate, notice, information or evidence is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).

(3) Information shall not be taken to have been delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.

Proof of identity of sender or recipient of informationN.I.

5.  If it is necessary to prove, for the purpose of any legal proceedings, the identity of—

(a)the sender of any claim, certificate, notice, information or evidence delivered by means of an electronic communication to an official computer system; or

(b)the recipient of any such claim, certificate, notice, information or evidence delivered by means of an electronic communication from an official computer system,

the sender or recipient, as the case may be, shall be presumed to be the person whose name is recorded as such on that official computer system.

Proof of delivery of informationN.I.

6.—(1) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any claim, certificate, notice, information or evidence this shall be presumed to have been the case where—

(a)any such claim, certificate, notice, information or evidence has been delivered to the relevant authority, if the delivery of that claim, certificate, notice, information or evidence has been recorded on an official computer system; or

(b)any such certificate, notice, information or evidence has been delivered by the relevant authority, if the delivery of that certificate, notice, information or evidence has been recorded on an official computer system.

(2) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such claim, certificate, notice, information or evidence, this shall be presumed not to be the case, if that claim, certificate, notice, information or evidence delivered to the relevant authority has not been recorded on an official computer system.

(3) If it is necessary to prove, for the purpose of any legal proceedings, when any such claim, certificate, notice, information or evidence sent by means of an electronic communication has been received, the time and date of receipt shall be presumed to be that recorded on an official computer system.

Proof of content of informationN.I.

7.  If it is necessary to prove, for the purpose of any legal proceedings, the content of any claim, certificate, notice, information or evidence sent by means of an electronic communication, the content shall be presumed to be that recorded on an official computer system.]

(4)

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))

(5)

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))

(10)

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

(12)

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

(13)

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)

(14)

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

(17)

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

(21)

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

(22)

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

(23)

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

(24)

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

(26)

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))

(27)

S.R. 1980 No. 346; Order 109 was added by S.R. 1986 No. 184

(31)

Paragraph 7(2) of Schedule 10 was added by regulation 2(b) of S.R. 2002 No. 295

(32)

Paragraph 12(2) of Schedule 7 was added by regulation 4 of S.R. 2002 No. 295

(33)

S.R. 2003 No. 28; paragraph 20A of Schedule 5 was substituted by regulation 2(11)(f) of S.R. 2003 No. 421