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The Income Support (General) Regulations (Northern Ireland) 1987

Type Ni-Statutory-Rule

Publication 1987-12-21

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(3) Subject to sub-paragraph (4), where a single claimant or a lone parent is a student or is on a training course and is liable to make payments (including payments of mortgage interest or analogous payments) in respect of either (but not both) the dwelling which he occupies for the purpose of attending his course of study or his training course or, as the case may be, the dwelling which he occupies when not attending his course, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.

(4) A full-time student shall not be treated as occupying a dwelling as his home for any week of absence from it, other than an absence occasioned by the need to enter hospital for treatment, outside the period of study, if the main purpose of his occupation during the period of study would be to facilitate attendance on his course.

(5) Where a claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as his home and he is liable to make payments (including payments of mortgage interest or analogous payments) in respect of either (but not both) the dwelling normally occupied or the temporary accommodation, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.

(6) Where a person is liable to make payments in respect of 2 (but not more than 2) dwellings, he shall be treated as occupying both dwellings as his home only—

(a) where he has left and remains absent from the former dwelling occupied as the home through fear of violence in that dwelling or by a former member of his family and it is reasonable that housing costs should be met in respect of both his former dwelling and his present dwelling occupied as the home;

(b) in the case of a couple or a member of a polygamous marriage where a partner is a student or is on a training course and it is unavoidable that he or they should occupy 2 separate dwellings and reasonable that housing costs should be met in respect of both dwellings; or

(c) in the case where a person has moved into a new dwelling occupied as the home, except where sub-paragraph (5) applies, for a period not exceeding 4 benefit weeks if his liability to make payments in respect of 2 dwellings is unavoidable.

(7) Where a person—

(a) has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in;

(b) had claimed income support before moving in and either that claim has not yet been determined or, it has been determined but an amount has not been included under this Schedule and if the claim has been refused a further claim has been made within 4 weeks of the date on which the claimant moved into the new dwelling occupied as the home; and

(c) the delay in moving into the dwelling in respect of which there was liability to make payments before moving in was reasonable and—

(i) that delay was necessary in order to adapt the dwelling to meet the disablement needs of the claimant or any member of his family,

(ii) the move was delayed pending the outcome of an application under Part IV of the Order for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling and either a member of the claimant's family is aged 5 or under or the claimant's applicable amount includes a premium under paragraph 9, 10, 11, 13 or 14 of Schedule 2, or

(iii) the person became liable to make payments in respect of the dwelling while he was a patient or in residential accommodation,

he shall be treated as occupying the dwelling as his home for any period not exceeding 4 weeks immediately prior to the date on which he moved into the dwelling and in respect of which he was liable to make payments.

(8) A person shall be treated as occupying a dwelling as his home fora period not exceeding 52 weeks while he is temporarily absent therefrom only if—

(a) he intends to return to occupy the dwelling as his home;

(b) the part of the dwelling normally occupied by him has not been let or, as the case may be, sub-let; and

(c) the period of absence is unlikely to exceed 52 weeks, or, in exceptional circumstances, (for example where the person is in hospital or otherwise has no control over the length of his absence) is unlikely substantially to exceed that period.

(9) In this paragraph—

(a) “patient” means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution;

(b) “residential accommodation” means accommodation—

(i) provided under Article 15 or 36 of the 1972 Order[^f00085],

(ii) under Article 7 or 8 of that Order (prevention of illness, care and after-care and care of mothers and young children),

(iii) which is a home for persons in need within the meaning of that expression in regulation 19(2) (persons in homes for persons in need or nursing homes), or

(iv) which is a nursing home;

(c) “training course” means such a course as is referred to in sub-paragraph (c) of the definition of training allowance in regulation 2(1) (interpretation).

Circumstances in which no amount of housing costs may be met

5

No amount may be met under the provisions of this Schedule—

(a) in respect of housing benefit expenditure; or

(b) where the claimant is in accommodation to which either regulation 19 (applicable amounts for persons in homes for persons in need or nursing homes), or 20 (applicable amounts for persons in board and lodging accommodation or hostels) applies, unless his absence from the dwelling occupied as his home in such accommodation is only temporary within the meaning of paragraph 4(8).

Apportionment of housing costs

6

(1) Where for the purposes of Article 4 of, and Schedule 5 to, the Rates (Northern Ireland) Order 1977[^f00086], it appears to the Department of the Environment, or it is deemed in pursuance of paragraphs 2 to 4 of that Schedule that the hereditament includes the home and that only a proportion of the rateable value of the hereditament is attributable to use for the purpose of a private dwelling, the amounts applicable under this Schedule shall be such proportion of the amounts applicable in respect of the hereditament or premises as a whole as is equal to the proportion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private tenancy.

(2) Where responsibility for expenditure which relates to housing costs met under this Schedule is shared, the amounts applicable shall be calculated by reference to the appropriate proportion of that expenditure for which the claimant is responsible.

Interest on loans to acquire an interest in the dwelling occupied as the home

7

(1) Subject to sub-paragraphs (2) to (9), the following amounts shall be met under this paragraph—

(a) if the claimant or, if he is a member of a couple, or if a member of a polygamous marriage, he or any partner of his is aged 60 or over, 100 per cent. of the eligible interest in his case;

(b) if the claimant or, if he is a member of a couple, or if a member of a polygamous marriage, he and any partner of his are aged under 60—

(i) where the claimant has been in receipt of income support in respect of a continuous period of not less than 16 weeks, 100 per cent. of the eligible interest in his case,

(ii) in any other case, 50 per cent. of the eligible interest in that case.

(2) Where in a case to which sub-paragraph (1)(b)(ii) applies—

(a) either—

(i) the claim for income support is refused, or

(ii) an award of income support is terminated on appeal or review, solely because the claimant's income exceeds his applicable amount by virtue of the fact that only 50 per cent. of the eligible interest in his case is to be met under sub-paragraph (1)(b)(ii); and

(b) the claimant or any partner of his makes a further claim no later than 20 weeks after—

(i) where the original claim for income support was refused, the date of that claim, or

(ii) where an award of income support was terminated on appeal or review, the date of the claim in respect of which that award was made,

the amount to be met under this paragraph commencing on a date not before the expiry of 16 weeks from the date specified in head (b)(i) or (ii), as the case may be, shall be 100 per cent. of the eligible interest in that case and until that date shall be the amount specified in sub-paragraph (1)(b)(ii).

(3) Subject to sub-paragraphs (4) to (6), in this paragraph “eligible interest” means the amount of interest on a loan, whether or not secured by way of a mortgage taken out to defray money applied for the purpose of—

(a) acquiring an interest in the dwelling occupied as the home; or

(b) paying off another loan but only to the extent that interest on that other loan would have been eligible interest had the loan not been paid off.

(4) Subject to sub-paragraphs (5) and (6) and paragraph 6, the amount of eligible interest in any case shall be the amount, calculated on a weekly basis, of—

(a) where, or in so far as, section 26 of the Finance Act 1982[^f00087] (deduction of tax from certain loan interest) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax thereon at the basic rate for the year of assessment in which the payment of interest becomes due;

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

(5) Where a loan is applied only in part for a purpose specified in sub-paragraph (3), only such proportion of the interest thereon as is equal to the proportion of the loan applied for that purpose shall qualify as eligible interest.

(6) Where, under the terms of a loan taken out for a purpose specified in sub-paragraph (3), interest is payable on accumulated arrears of interest (whether or not those arrears have been consolidated with the outstanding capital), the amount of such interest shall be met under this paragraph as if it were eligible interest but only in so far as it represents interest on arrears incurred during any period—

(a) when sub-paragraph (1)(b)(ii) applied in that case; or

(b) when the claimant was not entitled to income support which fell within the period of 20 weeks specified in sub-paragraph (2)(b),

and, in either case, only to the extent that arrears do not exceed 50 per cent. of the eligible interest that otherwise would have been payable during the period in question.

(7) Where a person who was formerly one of a couple or a polygamous marriage—

(a) has taken out, either solely or jointly with his former partner, a loan secured on the dwelling occupied as the home for a purpose other than one specified in sub-paragraph (3); and

(b) has left the dwelling occupied as the home and either cannot or will not pay the interest on the loan,

and, if that person's former partner has to pay the interest on the loan in order to continue to live in the dwelling occupied as the home, there shall be met in respect of the former partner under this paragraph the amount of interest on the loan calculated as if it were a loan taken out for a purpose specified in sub-paragraph (3).

(8) Where an amount is met under this paragraph, if, notwithstanding that the amount of interest payable is reduced by virtue of—

(a) a reduction in interest rates; or

(b) a reduction in the amount of loan capital outstanding,

the amount of instalments which the borrower is liable to pay remains constant, the amount met shall not be adjusted to take account of the new amount of interest payable except where a determination is subsequently reviewed under section 104(1)(b) of the principal Act[^f00088] (review of decisions).

(9) For the purposes of sub-paragraph (1)—

(a) a person shall be treated as being in receipt of income support during the following periods—

(i) any period in respect of which it was subsequently held on appeal or review that he was so entitled, and

(ii) any period of 8 weeks or less in respect of which he was not in receipt of income support and which fell immediately between periods in respect of which he was in receipt thereof or to which head (a)(i) applies;

(b) a person shall be treated as not being in receipt of income support during any period other than a period to which head (a)(ii) applies in respect of which it is subsequently held on appeal or review that he was not so entitled.

(i) was a, member of a couple or a polygamous marriage,

(ii) his partner was, in respect of a past period, in receipt of income support for himself and the claimant,

(iii) the claimant is no longer a member of that couple or polygamous marriage, and

(iv) the claimant made his claim for income support within 8 weeks of ceasing to be a member of that couple or polygamous marriage,

he shall be treated as having been in receipt of income support for the same period as his former partner had been or had been treated, for the purposes of sub-paragraph (1), as having been;

(d) where the claimant's partner's applicable amount was determined in accordance with paragraph 1(1) (single claimants) or paragraph 1(2) (lone parent) of Schedule 2 (applicable amounts) in respect of a past period, provided that the claim was made within 8 weeks of the claimant and his partner becoming one of a couple or polygamous marriage, the claimant shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of sub-paragraph (1), as having been;

(e) where the claimant is a member of a couple or a polygamous marriage and his partner was, in respect of a past period in receipt of income support for himself and the claimant, and the claimant has become in receipt of income support as a result of an election by the members of the couple or polygamous marriage, he shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of sub-paragraph (1), as having been.

Interest on loans for repairs and improvements to the dwelling occupied as the home

8

(1) Subject to sub-paragraph (2), there shall be met under this paragraph an amount in respect of interest payable on a loan which is taken out, with or without security, for the purpose of—

(a) carrying out repairs or improvements to the dwelling occupied as the home; or

(b) paying off another loan but only to the extent that interest on the other loan would have been met under this paragraph had the loan not been paid off,

and which is used for that purpose or is to be so used within 6 months of the date of receipt or such further period as is reasonable, and the amount to be met under this paragraph shall be calculated as if the loan were a loan to which paragraph 7 applied.

(2) Subject to sub-paragraph (4), where the claimant has capital in excess of £500, the excess shall be set against the amount or the aggregate of the amounts borrowed and interest allowed only by reference to any balance.

(3) In this paragraph “repairs and improvements” means major repairs necessary to maintain the fabric of the dwelling occupied as the home and any of the following measures undertaken with a view to improving its fitness for occupation—

(a) installation of a fixed bath, shower, wash basin, sink or lavatory and necessary associated plumbing;

(b) damp-proofing measures;

(d) provision of electric lighting and sockets;

(e) provision or improvement of drainage facilities;

(f) improvement in the structural condition of the dwelling occupied as the home;

(g) improvements to the facilities for storing, preparing and cooking food;

(h) provision of beating, including central heating;

(i) provision of storage facilities for fuel and refuse;

(j) improvements to the insulation of the dwelling occupied as the home;

(k) other improvements which are reasonable in the circumstances.

(4) For the purposes of sub-paragraph (2) no account shall be taken of capital which is disregarded by virtue of paragraph 1, 2, 4 to 6, 8(b), 9(a), 10 to 18 or 20 of Schedule 10 (capital to be disregarded).

Other housing costs

9

(1) There shall be met under this paragraph the amounts, calculated on a weekly basis, in respect of the housing costs specified in paragraph 1(c) to (f) subject to the deductions specified in sub-paragraph (2).

(2) Subject to sub-paragraph (3), the deductions to be made from the weekly amounts to be met under this paragraph are—

(a) where the costs are inclusive of any of the items mentioned in paragraph 5(2) of Schedule 1 to the Housing Benefit (General) Regulations (Northern Ireland) 1987[^f00089] (payment in respect of fuel charges), the deductions prescribed in that paragraph unless the claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, in which case the estimated amounts;

(b) where the costs are inclusive of ineligible service charges within the meaning of paragraph 1 of Schedule 1 to the said regulations (ineligible service charges) the amounts attributable to those ineligible service charges or where that amount is not separated from or separately identified within the housing costs to be met under this paragraph, such part of the payments made in respect of those housing costs which are fairly attributable to the provision of those ineligible services having regard to the costs of comparable services.

(3) Where arrangements are made for the housing costs mentioned in paragraph 1(c) to (e), payable for a year, to be paid for 53 weeks, or irregularly, or SQ that no such costs are payable for or collected in certain periods, or so that the costs for different periods in the year are of different amounts, the weekly amount shall be the amount payable for the year divided by 52.

(4) Where as compensation for work carried out by way of reasonable repairs or redecoration which are not normally the responsibility of the claimant or other member of his family, payment of the costs mentioned in paragraph 1(c) to (e) are waived, they shall, for a period not exceeding 8 weeks, be treated as payable.

Restriction on meeting housing costs under this Schedule

10

(1) Subject to sub-paragraph (2), where—

(a) the dwelling occupied as the home is occupied with security of tenure, that is to say—

(i) under a protected or statutory tenancy for the purposes of the Rent (Northern Ireland) Order 1978[^f00090] excluding any case in which the tenant has been given a notice to which any Case in Part II of Schedule 4 to that Order (cases in which Court must order possession) applies,

(ii) under a secure tenancy for the purposes of Chapter II of Part II or the Housing (Northern Ireland) Order 1983[^f00091] (security of tenure and rights of secure tenants);

(b) the claimant or, if he is a member of a family, any member of the family acquires some other interest in the dwelling occupied as the home; and

(c) in consequence of the acquisition the aggregate of any amounts which would, but for this paragraph, be applicable under paragraphs 7, 8 and 9 exceed the amount of the eligible rent for the purposes of regulation 10 of the Housing Benefit (General) Regulations (Northern Ireland) 1987 (rent) immediately before the acquisition,

the aggregate amount so applicable shall initially be restricted to the amount of the eligible rent immediately before the acquisition and shall be increased subsequently only to the extent that this is necessary to take account of any increase, after the date of the acquisition, in expenditure on any housing costs.

(2) Sub-paragraph (1)—

(a) shall not apply where the claimant or the member of the family became liable to complete the acquisition at a time when income support was not payable in respect of him;

(b) shall cease to apply if its application becomes inappropriate by reason of any major change in the circumstances of the family affecting their ability to meet expenditure on housing costs;

(c) shall cease to apply where income support ceases to be payable in respect of the claimant or his family except that it shall re-apply wherever income support again becomes payable within a period of 8 weeks or less.

(3) Where the amounts to be met under paragraphs 7 to 9 and, subject to any deduction applicable under paragraph 11, are excessive, they shall be subject to restriction in accordance with sub-paragraphs (4) to (6).

(4) Subject to sub-paragraphs (5) and (6), the amounts to be met shall be regarded as excessive and shall be restricted and the excess not allowed, if and to the extent that—

(a) the dwelling occupied as the home, excluding any part which is let or is normally occupied by persons in board and lodging accommodation, is larger than is required by the claimant and his family and any child or young person to whom regulation 16(4) (foster children) applies and any other non-dependants having regard, in particular, to suitable alternative accommodation occupied by a household of the same size;

(b) the immediate area in which the dwelling occupied as the home is located is more expensive than other areas in which suitable alternative accommodation exists; or

(c) the outgoings of the dwelling occupied as the home in respect of which the amounts to be met under paragraphs 7 to 9 are higher than the outgoings of suitable alternative accommodation in the area.

(5) Where, having regard to the relevant factors, it is not reasonable to expect the claimant and his family to seek alternative cheaper accommodation no restrictions shall be made under this paragraph.

(6) Where sub-paragraph (5) does not apply and the claimant (or other member of the family) was able to meet the financial commitments for the dwelling occupied as the home when these were entered into, no restriction shall be made under this paragraph during the first 6 months of any period of entitlement to income support nor during the next 6 months if and so long as the claimant uses his best endeavours to obtain cheaper accommodation.

(7) In this paragraph “the relevant factors” are—

(a) the availability of suitable accommodation and the level of housing costs in the area; and

(b) the circumstances of the family including in particular the age and state of health of its members, the employment prospects of the claimant and, where a change in accommodation is likely to result in a change of school, the effect on the education of any child or young person who is a member of his family, or any child or young person who is not treated as part of his family by virtue of regulation 16(4) (foster children).

Non-dependant deductions

11

(1) Subject to sub-paragraphs (2) to (7), the following deductions from the amount to be met under the preceding paragraphs in respect of housing costs shall be made in respect of a non-dependant—

(a) aged 18 or more who is in remunerative work or is a person to whom regulation 3(3) (non-dependants) applies, £8·20;

(b) aged 18 or more to whom head (a) does not apply, £3·45.

(2) In the case of a non-dependant aged 18 or more to whom sub-paragraph (1)(a) applies because he is in remunerative work, where the claimant satisfies the adjudication officer that the non-dependant's gross weekly income is less than £49·20, the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b) appropriate in his case.

(3) Only one deduction shall be made under this paragraph in respect of a couple or, as the case may be, the members of a polygamous marriage, and where a different amount or no amount would, but for this sub-paragraph, fall to be deducted in respect of the members of the couple or polygamous marriage as individuals, the higher deduction shall be made.

(4) In applying the provisions of sub-paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of sub-paragraph (2) to the couple's or, as the case may be, all the members of the polygamous marriage's, joint weekly income.

(5) Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple or members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the housing costs in respect of the dwelling occupied as the home payable by each of them.

(6) No deduction shall be made in respect of any non-dependants occupying the dwelling occupied as the home of the claimant, if the claimant or any partner of his is—

(a) blind or treated as blind by virtue of paragraph 12 of Schedule 2 (additional condition for the higher pensioner and disability premiums); or

(b) receiving an attendance allowance.

(7) No deduction shall be made in respect of a non-dependant—

(a) if, although he resides with the claimant, it appears to the adjudication officer that the dwelling occupied as his home is normally elsewhere;

(b) if he is in receipt of a training allowance paid in connection with a Youth Training Programme established under section 1(1) of the Employment and Training Act (Northern Ireland) 1950[^f00092] and he is not a person to whom regulation 3(3) applies;

(d) if he is aged under 25 and in receipt of income support and he is not a person to whom regulation 3(3) applies; or

(e) in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 63 of the Housing Benefit (General) Regulations (Northern Ireland) 1987 (non-dependant deductions).

Rounding of fractions

12

Where any calculation made under this Schedule results in a fraction of a penny, that fraction shall be treated as a penny.

SCHEDULE 4

PART I — APPLICABLE AMOUNTS OF PERSONS IN HOMES FOR PERSONS IN NEED AND NURSING HOMES

1

(1) Subject to sub-paragraph (2), the weekly applicable amount of a claimant to whom regulation 19 applies shall be the aggregate of—

(a) subject to paragraph 3, the weekly charge for the accommodation, including all meals and services, provided for him or, if he is a member of a family, for him and his family increased, where appropriate; in accordance with paragraph 2 but, except in a case to which paragraph 11 applies, subject to the maximum determined in accordance with paragraph 5;

(b) a weekly amount for personal expenses for him and, if he is a member of a family, for each member of his family determined in accordance with paragraph 12; and

(c) where he is only temporarily in such accommodation any amount applicable under regulation 17(e) or 18(f) (housing costs) in respect of the dwelling normally occupied as the home.

(2) No amount shall be included in respect of any child or young person who is a member of the claimant's family if the capital of that child or young person calculated in accordance with Part V (income and capital) in like manner as for the claimant, except where otherwise provided, would exceed £3,000.

2

(1) Where, in addition to the weekly charge for accommodation, a separate charge is made for the provision of heating, attention in connection with bodily functions, supervision, extra baths, laundry or a special diet needed for a medical reason, the weekly charge for the purpose of paragraph 1(1)(a) shall be increased by the amount of that charge.

(2) Where the weekly charge for accommodation does not include the provision of all meals, it shall, for the purpose of paragraph' 1(1)(a), be increased in respect of the claimant or, if he is a member of a family, in respect of each member of his family by the following amount—

(a) if the meals can be purchased within the home for persons in need or nursing home, the amount equal to the actual cost of the meals, calculated on a weekly basis; or

(b) if the meals cannot be so purchased, the amount calculated on a weekly basis—

(i) for breakfast, at a daily rate of £1·10,

(ii) for a midday meal, at a daily rate of £1·55, and

(iii) for an evening meal, at a daily rate of £1·55,

except that, if some or all of the meals are normally provided free of charge or at a reduced rate, the amount shall be reduced to take account of the lower charge or reduction.

3

Where any part of the weekly charge for the accommodation is met by housing benefit, an amount equal to the part so met shall be deducted from the amount calculated in accordance with paragraph 1(1)(a).

4

Where a payment is to be made in respect of a period of less than one benefit week, the applicable amount of the claimant under regulation 19 and this Schedule shall include the weekly amount to which paragraph i(1)(a) applies, other than the increase for meals met under paragraph 2(2) which shall be met only in respect of the number of days falling in that period, if the weekly charge for the accommodation falls to be paid during that period.

5

(1) Subject to paragraph 11, the maximum referred to in paragraph 1(1)(a) shall be—

(a) in the case of a single claimant, the appropriate amount in respect of that claimant specified in or determined in accordance with paragraphs 6 to 10;

(b) where the claimant is a member of a family, the aggregate of the following amounts—

(i) in respect of each member of the family aged under 11, 1Â½ times the amount specified in paragraph 2(a) of Schedule 2, and

(ii) in respect of each other member of the family, the appropriate amount specified in or determined in accordance with paragraphs 6 to 10.

(2) The maximum amount in respect of a member of the family aged under 11 calculated in the manner referred to in sub-paragraph (1)(b)(i) shall be rounded to the nearest multiple of 5p by treating an odd amount of 2·5p or more as 5p and by disregarding an odd amount of less than 2·5p.

Homes for persons in need

6

(1) Subject to sub-paragraph (2) and paragraphs 8 to 10, where the accommodation provided for the claimant is a home for persons in need, for persons in need of personal care by virtue of—

(a) age and infirmity, the appropriate amount shall be £130·00 per week;

(b) past or present mental disorder but excluding mental handicap, the appropriate amount shall be £130·00 per week;

(d) mental handicap, the appropriate amount shall be £160·00 per week;

(e) physical disablement, the appropriate amount shall be—

(i) in the case of a person to whom paragraph 8 applies, £190·00 per week, or

(ii) in any other case £130·00 per week.

(2) Where the claimant is over pensionable age and—

(a) he is blind; or

(b) there is in respect of him a certificate, issued by the Attendance Allowance Board under section 35(2) of the principal Act[^f00093], which states that he has satisfied or is likely to satisfy both the conditions mentioned in section 35(1) of the principal Act; or

(i) under section 61 of the principal Act[^f00094], or

(ii) by virtue of Article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983[^f00095] or Article 14 of the Personal Injuries (Civilians) Scheme 1983[^f00096],

the appropriate amount shall, except where sub-paragraph (1)(d) or (e)(i) applies, be £155·00 per week.

Nursing Homes

7

Subject to paragraphs 8 to 10, where the accommodation provided for the claimant is a nursing home for persons in need of personal care by virtue of—

(a) past or present mental disorder but excluding mental handicap, the appropriate amount shall be £185·00 per week;

(b) mental handicap, the appropriate amount shall be £200·00 per week;

(d) physical disablement, the appropriate amount shall be—

(i) in the case of a person to whom paragraph 8 applies, £230·00 per week, or

(ii) in any other case, £185·00 per week;

(e) terminal illness, the appropriate amount shall be £230·00 per week; or

(f) any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be £185·00 per week.

8

For the purposes of paragraphs 6(1)(e) and 7(d) this paragraph applies to a person under pensionable age or a person over pensionable age who, before attaining pensionable age, had become physically disabled.

9

The appropriate amount applicable to a claimant in a home for persons in need or a nursing home shall, subject to paragraph 10, be determined—

(a) where the home is a home for persons in need registered under Article 35 of, and Schedule 5 to, the 1972 Order by reference to the particulars recorded in the register kept by the relevant Health and Social Services Board for the purposes of that Order; or

(b) where the home is a home for persons in need not so registered or a nursing home, by reference to the type of care which, taking into account the facilities and accommodation provided, the home is providing to the claimant.

10

(1) Where more than one amount would otherwise be applicable, in accordance with paragraph 9, to a claimant in a home for persons in need or a nursing home, the appropriate amount in any case shall be determined in accordance with sub-paragraphs (2) to (4).

(2) Where the home is a home for persons in need registered under Article 35 of, and Schedule 5 to, the 1972 Order and where the personal care that the claimant is receiving corresponds to the care received by a category of residents for whom the register indicates that the home provides accommodation, the appropriate amount shall be the amount, in paragraph 6 or 8, as the case may be, as is consistent with that personal care.

(3) Where the home is a home for persons in need which is so registered but where the personal care that the claimant is receiving does not correspond to the care received by a category of residents for whom the register indicates that the home provides accommodation, die appropriate amount shall be the lesser or least amount, in paragraph 6 or 8, as the case may be, as is consistent with those categories.

(4) In any case not falling within sub-paragraph (2) or (3), the appropriate amount shall be whichever amount of the amounts applicable in accordance with paragraphs 6 or 7 and 9 is, having regard to the types of personal care that the home provides, most consistent with the personal care being received by the claimant in that accommodation.

Circumstances in which the maximum is not to apply

11

(1) Where a claimant who satisfies the conditions in sub-paragraph (2) has been able to meet the charges referred to in paragraphs 1 and 2 without recourse to income support or supplementary benefit, the maximum determined in accordance with paragraph 5 shall not apply for the period of 13 weeks or, if alternative accommodation is found earlier, such lesser period following the date of claim except to the extent that the claimant is able to meet out of income disregarded for the purposes of Part V the balance of the actual charge over the maximum.

(2) The conditions for the purposes of sub-paragraph (1) are that—

(a) the claimant has lived in the same accommodation for more than 12 months;

(b) he was able to afford the charges in respect of that accommodation when he took up residence;

(c) having regard to the availability of suitable alternative accommodation and to the circumstances mentioned in paragraph 10(7)(b) of Schedule 3 (housing costs), it is reasonable that the maximum should not apply in order to allow him time to find alternative accommodation;

(d) he is not a person who is being accommodated by a Health and Social Services Board under section 164 of the Children and Young Persons Act (Northern Ireland) 1968[^f00097] (general function for promoting the welfare of persons under the age of 18); and

(e) he is seeking alternative accommodation and intends to leave his present accommodation once alternative accommodation is found.

(3) Where—

(a) the claimant was a resident in a home for persons in need or a nursing home immediately before 29th April 1985 and has continued after that date to be resident in the same accommodation, apart from any period of temporary absence; and

(b) immediately before that date, the actual charge for the claimant's accommodation was being met either wholly or partly out of the claimant's resources, or, wholly or partly out of other resources which can no longer be made available for this purpose; and

(c) since that date the Department has not at any time accepted responsibility for the making of arrangements for the provision of such accommodation for the claimant; and

(d) the Department, in its discretion, has determined that this sub-paragraph shall have effect in the particular case of the claimant in order to avoid exceptional hardship,

the maximum amount shall be the rate specified in sub-paragraph (4) if that rate exceeds the maximum which, but for this sub-paragraph, would be determined under paragraph 5.

(4) For the purposes of sub-paragraph (3) the rate is either—

(a) the actual weekly charge for the accommodation immediately before 29th April 1985 plus £10; or

(b) the aggregate of the following amounts—

(i) the amount estimated under regulation 9(6) of the Supplementary Benefit (Requirements) Regulations (Northern Ireland) 1983[^f00098] as then in force as the reasonable weekly charge for the area immediately before that date,

(ii) £26·15, and

(iii) if the claimant was entitled at that date to attendance allowance under section 35 of the principal Act at the higher rate, £28·60 or, as the case may be, at the lower rate, £19·10,

whichever is the lower amount.

Personal allowances

12

The allowance for personal expenses for the claimant and each member of his family referred to in paragraph 1(1)(b) shall be—

(a) for the claimant £9·55; and, if he has a partner, for his partner, £9·55;

(b) for a young person aged 18, £9·55;

(d) for a child aged under 16 but over 11, £5·30;

(e) for a child aged under 11, £3·45.

PART II — PERSONS TO WHOM REGULATION 19 DOES NOT APPLY

13

A claimant and his family whose accommodation and meals (if any) are provided in whole or in part by a close relative of any member of the family or other than on a commercial basis.

14

A person who is on holiday and during a period which has not continued for more than 13 weeks is absent from his home or from a hospital or similar institution in which he is normally a patient.

15

A person who has entered a home for persons in need or a nursing home for the purpose of receiving an amount of income support to which he would not otherwise be entitled.

16

A person aged 16 or over but under 19 who is in the care of the Department under a relevant enactment except someone who is personally liable to pay the cost of his accommodation and maintenance direct to someone other than the Department.

SCHEDULE 5

PART I — APPLICABLE AMOUNTS OF PERSONS IN BOARD AND LODGING ACCOMMODATION OR HOSTELS

1

(1) Subject to sub-paragraph (2), the weekly applicable amount of a claimant, to whom regulation 20 applies shall be the aggregate of—

(a) subject to paragraph 3, the weekly charge for the accommodation including all meals and services provided for him or, if he is a member of a family, for him and his family increased where appropriate in accordance with paragraph 2 but, except in a case to which paragraph 10 applies, subject to the maximum determined in accordance with paragraph 5;

(b) a weekly amount for personal expenses for him and, if he is a member of a family, for each member of his family determined in accordance with paragraph 11; and

(c) where he is only temporarily in such accommodation any amount applicable under regulation 17(e) or 18(f) (housing costs) in respect of the dwelling normally occupied as the home.

(2) No amount shall be included in respect of any child or young person who is a member of the claimant's family if the capital of that child or young person calculated in accordance with Part V of these regulations in like manner as for the claimant, except where otherwise provided, would exceed £3,000.

2

Where the weekly charge for accommodation does not include the provision of all meals, it shall, for the purpose of paragraph 1 (1)(a) be increased in respect of the claimant or, if he is a member of a family, in respect of each member of his family by the following amount—

(a) if the meals can be purchased within the board and lodging accommodation or hostel, the amount equal to the actual cost of the meals, calculated on a weekly basis; or

(b) if the meals cannot be so purchased, the amount calculated on a weekly basis—

(i) for breakfast, at a daily rate of £1·10,

(ii) for a midday meal, at a daily rate of £1·55,

(iii) for an evening meal, at a daily rate of £1·55,

except that, if some or all of the meals are normally provided free of charge or at a reduced rate, the amount shall be reduced to take account of the lower charge or reduction.

3

4

Where a payment is to be made in respect of a period of less than one week, the applicable amount of the claimant under regulation 20 and this Schedule shall include the weekly amount to which paragraph 1(1)(a) applies, other than the increase for meals met under paragraph 2 which shall be met only in respect of the number of days falling in that period, if the weekly charge for the accommodation falls to be paid during that period.

5

Subject to paragraphs 6 and 7, the maximum referred to in paragraph 1(1)(a) shall be—

(a) in the case of a single claimant—

(i) in board and lodging accommodation, the appropriate amount in respect of that claimant specified in column (3) of Schedule 6 in respect of the board and lodging area, specified in column (1) of that Schedule in which his accommodation is situated, or

(ii) in a hostel £70·00 per week;

(b) where the claimant is a member of a family, in respect of each member of the family aged under 11, 1Â½ times the amount specified in paragraph 2(a) of Schedule 2, and either—

(i) if he is residing in board and lodging accommodation, in respect of each other member of the family, the appropriate amount specified in column (3) of Schedule 6 in respect of the board and lodging area specified in column (1) of that Schedule in which the family's accommodation is situated, or

(ii) if he is residing in a hostel, in respect of each other member of the family, £70·00 per week.

6

The maximum amount applicable in respect of a member of the family aged under 11 calculated in the manner referred to in paragraph 5(b)(i) shall be rounded to the nearest multiple of 5p by treating an odd amount of 2·5p or more as 5p and by disregarding an odd amount of less than 2·5p.

7

Except as provided by paragraph 9, the maximum amount specified in paragraph 5 shall be increased by any excess of the actual charge made to the claimant or, if he is a member of a family, made in respect of the family up to £17·50 in a case to which paragraph 8 applies or, if the claimant is one of a couple and paragraph 8(a) or (c)(i) or (ii) applies, up to £35·00.

8

The increase referred to in paragraph 7 shall apply in the case of—

(a) a claimant who has attained a pensionable age or, if one of a couple or polygamous marriage either member of that couple or any member of that marriage is aged 65 or over;

(b) a claimant or any other member of the family who is infirm by reason of physical or mental disability;

(i) he or his partner is a person suffering from a mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986[^f00099] in respect of whom the Department has, under Article 7 of the 1972 Order (prevention of illness, care and after care), made arrangements for the provision of residential accommodation in a private household or in premises which are not required to be registered in accordance with Schedule 5 to the 1972 Order,

(ii) he or his partner is a person who is resident in premises which are used for the rehabilitation of alcoholics or drug addicts and is so resident for the purposes of such rehabilitation.

9

Only one increase under paragraph 7 shall be applicable in respect of the claimant or any member of his family and the amount payable by virtue of that paragraph in respect of a claimant and his partner shall not exceed £35·00 and, if the claimant or any of his family who are in board and lodging accommodation or in a hostel is in receipt of an attendance allowance the increase shall only be payable to the extent that the excess of the actual charge for board and lodging accommodation or the hostel over the maximum amount is more than the amount of the attendance allowance in payment but only up to the amount specified for the time being as the higher rate of attendance allowance for the purposes of section 35(3) of the principal Act[^f00100].

10

(1) Where the claimant satisfies the conditions in sub-paragraph (2), the maximum referred to in paragraph 1(1)(a) shall not apply for a period of 13 weeks or, if alternative accommodation is found earlier, such lesser period following the date of claim except to the extent that the claimant is able to meet out of income disregarded for the purposes of Part V of these regulations the balance of the actual charge for the board and lodging accommodation over the maximum.

(2) For the purposes of sub-paragraph (1) the conditions are that—

(a) the claimant has lived in the same accommodation for more than 12 months;

(b) he was able to afford the charges in respect of that accommodation when he took up residence;

(c) having regard to the availability of board and lodging accommodation or hostels and to the circumstances mentioned in paragraph 10(7)(b) of Schedule 3 (housing costs), it is reasonable for the maximum referred to in paragraph 5 not to apply for the said period in order to allow the claimant time to find alternative accommodation;

(d) he is not a person who is being accommodated by a Health and Social Services Board under section 164 of the Children and Young Persons Act (Northern Ireland) 1968 (general function for promoting the welfare of persons under the age of 18); and

(e) he is seeking alternative accommodation and intends to leave his present accommodation once alternative accommodation is found.

11

The allowance for personal expenses for the claimant and each member of his family referred to in paragraph 1(1)(b) shall be—

(a) for the claimant and for his partner where—

(i) at least one member of the family is a child or young person, £11·50,

(ii) he or his partner satisfies the conditions specified in Part III of Schedule 2 (applicable amounts) for the applicability of any of the premiums specified in that Part, £11·50;

(b) in any other case—

(i) for the claimant, £10·30, and

(ii) for his partner, £10·30;

(d) for a young person aged under 18 but over 16, £6·20;

(e) for a child aged under 16 but over 11, £5·30;

(f) for a child aged under 11, £3·45.

PART II — PERSONS TO WHOM REGULATION 20 AND PART I ARE NOT TO APPLY

12

A claimant and his family whose accommodation and meals (if any) are provided in whole or in part by a close relative of any member of that family or other than on a commercial basis.

13

A person who is on holiday and during a period which has not continued for more than 13 weeks is absent from the home or from a hospital or similar institution in which he is normally a patient.

14

A person who has entered into arrangements for board and lodging accommodation for the purpose of receiving an amount of income support to which he would not otherwise be entitled.

15

A person aged 16 or over but under 19 who is in the care of the Department under the provisions of a relevant enactment, except where he is personally liable to pay the cost of his accommodation and maintenance direct to someone other than the Department.

16

(1) Subject to sub-paragraphs (2) to (5), a person who—

(a) is aged 16 or over but under 25, and, if one of a couple, whose partner is also 16 or over but under 25; and

(b) is required to be available for employment.

(2) Sub-paragraph (1) shall not have effect in respect of such a person before the beginning of, and during, the initial period (including that period as extended under sub-paragraph (5)) shown as applicable in column (4) of Schedule 6 in respect of the board and lodging area in which that person's accommodation is situated.

(3) Without prejudice to sub-paragraph (4), sub-paragraph (1) shall not have effect in respect of a claimant who was in receipt of supplementary benefit as a boarder on 24th November 1985.

(4) Sub-paragraph (1) shall not have effect also where such a person—

(a) is treated as responsible for a child or young person;

(b) is in a hostel;

(d) is, or has a partner who is, chronically sick, mentally handicapped, physically disabled or suffering from a mental disorder or was, or has a partner who was, suffering from a mental disorder and it is unreasonable to expect him or his partner to be in accommodation other than board and lodging accommodation;

(e) had, or has a partner who had, immediately prior to the date of claim been in the accommodation for 6 months whilst either in employment and not in receipt of supplementary allowance under the Supplementary Benefits (Northern Ireland) Order 1977[^f00101] or income support, or, if not in employment and in receipt of such an allowance or income support, was not required to be available for employment;

(f) has, or has a partner who has, entered the accommodation as part of a programme of rehabilitation or resettlement under guidance from the Department, any other government department, a voluntary organisation or the probation and after-care service;

(g) is a student, during his normal summer vacation provided he occupies the same accommodation as he occupied when attending his course of study;

(h) has, or has a partner who has, been in the care of the Department under a relevant enactment and 12 months has not elapsed since he or his partner ceased to be in care;

(i) is aged 16 or over but under 19 and—

(i) has no parent and there is no person acting in the place of his parent,

(ii) has had to leave his family home because he was in physical or moral danger, or

(iii) is in the care of the Department under the provisions of a relevant enactment, being a person who is personally liable to pay the cost of his accommodation and maintenance direct to someone other than the Department;

(j) is in the same accommodation as that of his or of his partner's parents or step-parents who are in board and lodging accommodation;

(k) is in the same accommodation as that of the persons with whom he or his partner had been previously boarded out by the Department under the provisions of a relevant enactment;

(l) is, or has a partner who is, remanded on bail, or is, or has a partner who is, in compliance with a court order, under the supervision of a probation officer, or the Department;

(m) would, or has a partner who would, suffer exceptional hardship if sub-paragraph (1) were to apply; and any question as to whether any person comes within this sub-paragraph shall be determined by the Department in its discretion and its decision of such questions—

(i) shall be given in relation to particular cases only,

(ii) may be revised from time to time as it considers appropriate,

(iii) may be given so as to have effect for a specified period, and

(iv) shall be conclusive for the purposes of this Schedule.

(5) Where during an initial period a person becomes employed and is not in receipt of income support or he is no longer required to be available for employment and is in receipt of income support, that initial period shall be extended by the period during which that person is employed or is no longer required to be available for employment provided he is in the same board and lodging area.

17

(1) A person who was for a period one to whom regulation 20 and Part II applied because of paragraph 16(2) (during an initial period) and in respect of whom the relevant period has not elapsed.

(2) For the purposes of this paragraph “the relevant period” means the period of 26 weeks beginning with the first day of the benefit week following the date of the adjudication officer's decision involving a determination that that person is a person to whom regulation 20 and Part II apply because of paragraph 16(2).

18

In this Schedule “initial period” means that period provided by paragraph 16(2) consisting of a week or multiple of weeks beginning with the first day of the benefit week following the date of the adjudication officer's decision involving a determination that the person concerned is a person in board and lodging accommodation because of paragraph 16(2), being a week or multiple of weeks that correspond to benefit weeks during which the person is required to be available for employment.

SCHEDULE 6 — Board and Lodging Areas, Maximum Amounts and Initial Periods

Board and Lodging Areas	Social Security Office Areas	Limits	Periods
Board and Lodging Areas	Social Security Office Areas	(£)	(Weeks)
(1)	(2)	(3)	(4)
1.	Andersonstown	60	8
1.	Corporation Street	60	8
1.	Falls Road	60	8
1.	Holywood Road	60	8
1.	Knockbreda	60	8
1.	Shaftesbury Square	60	8
1.	Shankill	60	8
1.	Lisburn	60	8
1.	Newtownabbey	60	8
2.	Antrim	50	4
2.	Carrickfergus	50	4
2.	Larne	50	4
3.	Ballynahinch	55	4
3.	Bangor	55	4
3.	Downpatrick	55	4
3.	Newtownards	55	4
4.	Ballymena	55	4
5.	Ballymoney	55	4
5.	Coleraine	55	4
6.	Magherafelt	60	4
7.	Cookstown	60	4
8.	Dungannon	60	4
9.	Armagh	55	4
9.	Banbridge	55	4
9.	Lurgan	55	4
9.	Portadown	55	4
10.	Kilkeel	60	4
10.	Newcastle	60	4
10.	Newry	60	4
11.	Enniskillen	50	4
12.	Omagh	55	4
13.	Strabane	55	4
14.	Limavady	60	4
14.	Londonderry	60	4

SCHEDULE 7 — Applicable Amounts in Special Cases

Patients

1

Subject to paragraphs 2, 3 and 16, a person who has been a patient for a period of more than 6 weeks and who is—

1

(a) £8·25 plus any amount applicable under regulation 17(e);

2

A single claimant who has been a patient for a continuous period of more than 52 weeks, where—

2

(a) Such amount (if any) not exceeding £8·25 as is reasonable having regard to the views of the hospital staff and the patient's relatives if available as to the amount necessary for his personal use; or

3

Subject to paragraph 16—

(a) a claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks; or

3

(a) The amount applicable to him under regulation 17 or 18 except that the amount applicable under regulation 17(b) or 18(c) in respect of the child or young person referred to in column (1) of this paragraph shall be £8·25 instead of an amount determined in accordance with paragraph 2 of Schedule 2; or

4

Subject to paragraph 16, a claimant who is a member of a family, where one or more members of that family is a patient and one or more members of that family temporarily enter into board and lodging accommodation within the meaning of regulation 20(2) (persons in board and lodging accommodation and hostels) in order to be near to the member who is a patient.

4

The amount applicable to the family in accordance with regulation 17 or 21 (applicable amounts or special cases), as the case may be, plus, except in a case to which any of paragraphs 12 to 15 of Schedule 5 applies, the weekly charge for the board and lodging accommodation calculated in accordance with paragraph 1(1)(a) of that Schedule except that no increase shall be included in respect of meals under paragraph 2 of that Schedule.

5

A claimant who is a member of a polygamous marriage, where one or more members of that marriage or any child or young person for whom any member of that marriage is treated as responsible for by virtue of regulation 15 (circumstances in which a person is to be treated as responsible or not responsible for another) temporarily enter into board and lodging accommodation within the meaning of regulation 20(2) in order to be near to the partner, child or young person who is a patient.

5

The amount applicable to the family in accordance with regulation 18 or 21, as the case maybe, plus, except in a case to which any of paragraphs 12 to 15 of Schedule 5 applies, the weekly charge for the board and lodging accommodation calculated in accordance with paragraph 1 (1)(a) of that Schedule except that no increase shall be included in respect of meals under paragraph 2 of that Schedule.

Claimants without accommodation

6

A claimant who is without accommodation.

6

The amount applicable to him under regulation 17(a) only.

Members of religious orders

7

A claimant who is a member of and fully maintained by a religious order.

7

Nil.

Prisoners

8

A person—

8

(a) Nil;

Specified cases of temporarily separated couples

9

A claimant who is a member of a couple and who is temporarily separated from his partner where one of them is living in the home while the other member is—

9

Either—

Polygamous marriages where one or more partners are temporarily separated

10

A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his, where one of them is living in the home while the other member is—

10

Either—

Couples where one member is abroad

11

A claimant who is a member of a couple and whose partner is temporarily not present in Northern Ireland.

11

For the first 4 weeks of that absence, the amount applicable to them as a couple under regulation 17 or 19 to 21, as the case may be, and thereafter the amount applicable to the claimant in Northern Ireland under regulation 17 or 19 to 21, as the case maybe, as if the claimant were a single claimant or as the case may he a lone parent.

Polygamous marriages where any member is abroad

12

A claimant who is a member of a polygamous marriage and who, or whose partner, is temporarily not present in Northern Ireland.

12

For the first 4 weeks of that absence, the amount applicable to them as members of a polygamous marriage under regulations 18 to 21, as the case may be, and thereafter the amount applicable to the claimant in Northern Ireland under regulations 18 to 21, as the case may be, as if the member not in Northern Ireland were not a member of the marriage.

Persons in residential accommodation

13

(1) Subject to sub-paragraph (2), a person in, or only temporarily absent from, residential accommodation who is—

13

(a) £41·15 of which £32·90 is in respect of the cost of the residential accommodation and £8·25 for personal expenses;

Persons temporarily absent from board and lodging accommodation or a hostel, home for persons in need or nursing home

14

Where a person has to pay a retaining fee for accommodation which, but for his temporary absence from it, regulation 19 or 20 (persons in homes for persons in need and nursing homes or persons in board and lodging accommodation and hostels) would apply and—

14

The amount otherwise applicable to him under these regulations may be increased to take account of the retaining fee by an amount not exceeding 80 per cent. of the applicable amount referred to in paragraph 1(1)(a) of Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes) or paragraph 1(1)(a) of Schedule 5 (applicable amounts of persons in board and lodging accommodation and hostels), as the case maybe, and—

Persons from abroad

15

Except in relation to a person from abroad to whom regulation 70(3) (urgent cases) applies—

15

(a) Nil;

Persons in homes for persons in need, nursing homes, board and lodging accommodation or hostels who become patients

16

A claimant to whom regulation 19 or 20 applies immediately before he or a member of his family became a patient where—

(a) he or any member of his family has been a patient for a period of 6 weeks or less and the claimant—

16

(i) The amount which would be applicable under regulation 19 or 20, as the case may be, as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 or 20 applies,

Claimants entitled to the disability premium for a past period

17

A claimant—

(a) whose time for claiming income support has been extended under regulation 19(2) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00103] (time for claiming benefit); and

(b) whose partner was entitled to income support in respect of the period beginning with the day on which the claimant's claim is treated as made under paragraph 6(4) of Schedule 7 to those regulations (commencement of entitlement to income support) and ending with the day on which the claim is actually made; and

(c) who satisfied the condition in paragraph 11(b) of Schedule 2 and the additional condition referred to in that paragraph and specified in paragraph 12(1)(b) of that Schedule in respect of that period.

17

The amount only of the disability premium applicable under paragraph 11(b) of Schedule 2 and specified in paragraph 15(4)(b) of that Schedule.

Rounding of fractions

18

Where any calculation under this Schedule or as a result of income support being awarded for a period less than one complete benefit week results in a fraction of a penny that fraction shall be treated as a penny.

SCHEDULE 8 — Sums to be disregarded in the Calculation of Earnings

1

In the case of a claimant who has been engaged in remunerative work as an employed earner—

(a) any earnings paid or due to be paid on termination of his employment—

(i) by way of retirement but only if on retirement he is entitled to a retirement pension under the principal Act, or would be so entitled if he satisfied the contribution conditions,

(ii) otherwise than by retirement except earnings to which regulation 35(1)(b) to (e), (g) to (i) (earnings of employed earners) applies;

(b) any earnings paid or due to be paid on the interruption of his employment except earnings to which regulation 35(1)(d) and (e) applies; but this sub-paragraph shall not apply where the claimant has been suspended from his employment.

2

In the case of a claimant who has been engaged in part-time employment as an employed earner immediately before he made a claim for income support, any earnings paid on termination or interruption of that employment except any payment to which regulation 35(1)(e) applies; but this paragraph shall not apply where the claimant has been suspended from his employment.

3

In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner and who has ceased to be so employed, from the date of the cessation of his employment any earnings derived from that employment except earnings to which regulation 30(2) (royalties etc) applies.

4

(1) If the calculation of the claimant's applicable amount—

(a) includes, or but for his being an in-patient or in accommodation in a home for persons in need, nursing home, hostel, board and lodging accommodation or in residential accommodation would include, an amount by way of a disability premium under Schedule 2 (applicable amounts); or

(i) includes, or but for his being an in-patient or in accommodation in a home for persons in need, nursing home, hostel, board and lodging accommodation or in residential accommodation would include, an amount by way of the higher pensioner premium under Schedule 2, and

(ii) he or his partner has attained the age of 60 and immediately before attaining that age either was engaged in employment and the claimant was or but for his being an in-patient or in accommodation in a home for persons in need, nursing home, hostel, board and lodging accommodation or in residential accommodation would have been, entitled under head (a) to a disregard of £15, and

(iii) either he or his partner has continued in part-time employment,

£15; but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £15.

(2) For the purposes of sub-paragraph (1)(b)(iii) no account shall be taken of any period not exceeding 8 consecutive weeks occurring on or after the date on which the claimant or his partner attained the age of 60 during which either ceased to be engaged in employment or the claimant ceased to be entitled to income support.

5

If an amount by way of a lone parent premium under Schedule 2 is, or but for the pensioner premium being applicable to him or for his accommodation in a home for persons in need, nursing home, hostel, board and lodging accommodation or in residential accommodation would be, included in the calculation of the claimant's applicable amount, £15.

6

(1) In a case where paragraph 4 does not apply, if the claimant is one of a couple and both members of that couple are under age 60 and one of the couple has for a continuous period of 2 years been in receipt of income support in respect of a couple (whether or not the same couple) and during that period—

(a) neither member has been engaged in remunerative work; or

(b) neither member has been receiving full-time education,

for a period exceeding 8 consecutive weeks, £15; but, notwithstanding regulation 23, if this paragraph applies to one of the couple it shall not apply to the other except where, and to the extent that, the earnings of the one which are to be disregarded under this paragraph are less than £15.

(2) For the purposes of this paragraph—

(a) in determining whether a period is continuous no account shall be taken of any period not exceeding 8 weeks during which the claimant ceased to be a member of a couple or to be in receipt of income support;

(b) in determining whether one of a couple has been in receipt of income support for a continuous period of 2 years; consecutive periods during which either member was in receipt of income support shall be treated as periods during which one of that couple had been so in receipt.

(3) For the purposes of this paragraph—

(a) any period beginning before the commencement of these regulations during which the claimant or the other member of the couple was in receipt of supplementary benefit in respect of a couple, and immediately preceding the receipt of income support, is to be taken into account as if it were a period of income support except where during that period either the claimant or the other member was engaged in remunerative work or receiving relevant education within the meaning of Article 9 of the Supplementary Benefits (Northern Ireland) Order 1977[^f00104];

(b) any period during which the claimant or the other member of the couple is in receipt of income support under the Social Security Act 1986[^f00105] or was in receipt of supplementary benefit under the Supplementary Benefits Act 1976[^f00106] and immediately preceding the receipt of income support is to be taken into account as if it were a period of income support,

and in determining whether any such period is continuous sub-paragraph (2) hereof shall apply by analogy.

7

(1) In a case to which none of paragraphs 4 to 6 applies to the claimant, £15 of earnings derived from one or more employments as—

(a) a part-time fireman in a fire brigade maintained in pursuance of the Fire Services (Northern Ireland) Order 1984[^f00107];

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

(d) a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979[^f00108];

(e) a member of the Ulster Defence Regiment who is neither serving also as a member of any of the regular naval, military or air forces of the Crown, nor on the full-time staff of that regiment;

(f) a part-time member of the Royal Ulster Constabulary Reserve appointed under section 9(1) of the Police Act (Northern Ireland) 1970[^f00109],

but, notwithstanding regulation 23, if this paragraph applies to a claimant it shall not apply to his partner except to the extent specified in sub-paragraph (2).

(2) If the claimant's partner is engaged in employment—

(a) specified in sub-paragraph (1) so much of his earnings as would not in aggregate with the amount of the claimant's earnings disregarded under this paragraph exceed £15;

(b) other than one specified in sub-paragraph (1) so much of his earnings from that employment up to £5 as would not in aggregate with the claimant's earnings disregarded under this paragraph exceed £15.

8

Where the claimant is engaged in one or more employments specified in paragraph 7(1) but his earnings derived from such employments are less than £15 in any week and he is also engaged in any other part-time employment so much of his earnings from that other employment up to £5 as would not in aggregate with the amount of his earnings disregarded under paragraph 7 exceed £15.

9

In a case to which none of paragraphs 4 to 8 applies to the claimant, £5.

10

Notwithstanding paragraphs 6, 7 or 9, where 2 or more payments of the same kind and from the same source are to be taken into account in the same benefit week, there shall be disregarded from each payment the sum specified in that paragraph; but this paragraph shall only apply in the case of a payment which it has not been practicable to treat under regulation 31(1)(b) (date on which income treated as paid) as paid on the first day of the benefit week in which it is due to be paid.

11

Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.

12

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.

13

Any earnings which are due to be paid before the date of claim and which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.

14

Any earnings of a child or young person except earnings to which paragraph 15 applies.

15

In the case of earnings of a person treated as receiving relevant education under regulation 12(b) (relevant education) and who is engaged in remunerative work, if—

(a) an amount by way of a disabled child premium under Schedule 2 (applicable amounts) is, or but for his accommodation in a home for persons in need, nursing home, hostel or board and lodging accommodation would be, included in the calculation of his applicable amount and his earning capacity is not, by reason of his disability, less than 75 per cent. of that which he would, but for that disability normally be expected to earn, £15;

(b) in any other case, £5.

16

In this Schedule “part-time employment” means employment in which the person is not to be treated as engaged in remunerative work under regulation 5 or 6 (persons treated, or not treated, as engaged in remunerative work).

SCHEDULE 9 — Sums to be disregarded in the Calculation of Income other than Earnings

1

Any amount paid by way of tax on income which is taken into account under regulation 40 (calculation of income other than earnings).

2

Any payment in respect of any expenses incurred by a claimant who is—

(a) engaged by a charitable or voluntary body; or

(b) a volunteer,

if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 42(6) (notional income).

3

In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.

4

In the case of a payment of statutory sick pay under Part II of the Social Security (Northern Ireland) Order 1982[^f00110] or statutory maternity pay under Part VI of the Order or any remuneration paid by or on behalf of an employer to the claimant who for the time being is unable to work due to illness or maternity—

(a) any amount deducted by way of primary Class 1 contributions;

(b) one half of any sum paid by the claimant by way of a contribution towards an occupational or personal pension scheme.

5

Any housing benefit.

6

Any mobility allowance.

7

Any concessionary payment made to compensate for the non-payment of—

(a) any payment specified in paragraph 6 or 9;

(b) income support.

8

Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.

9

Any attendance allowance but, where the claimant is in a home for persons in need or a nursing home, only to the extent that it exceeds the amount for the time being specified as the higher rate for the purposes of section 35(3) of the principal Act[^f00111].

10

Any payment to the claimant as holder of the Victoria Cross or of the George Cross or any analogous payment.

11

Any sum in respect of a course of study attended by a child or young person payable by virtue of regulations made under Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986[^f00112] (provisions to assist persons to take advantage of educational facilities).

12

In the case of a claimant to whom regulation 9(1) (persons treated as available for employment) applies, any sums intended for any expenditure specified in regulation 62(2) (calculation of grant income) necessary as a result of his attendance on his course.

13

In the case of a claimant attending a training course provided under the Adult and Youth Training Programme established under section 1(1) of the Employment and Training Act (Northern Ireland) 1950[^f00113] or a course at an employment rehabilitation centre established under that section—

(a) any travelling expenses reimbursed to the claimant;

(b) any lodging allowance under section 3(3) of that Act but only to the extent that his rent or rates payable in respect of accommodation not normally occupied by him as his home are not met by housing benefit,

but this paragraph does not apply to any part of any allowance under section 3(3) of that Act expressed to be a personal allowance.

14

Any Job Start Allowance payable pursuant to arrangements made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950.

15

Except in the case of a person to whom Article 24 of the Order (trade disputes) applies and for so long as it applies, subject to paragraphs 36 and 37, £5 of any charitable payment or of any voluntary payment made or due to be made (whether or not so made) at regular intervals other than a payment which is made by a person for the maintenance of any member of his family or his former partner or of his children; and, for the purposes of this paragraph, where a number of such charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were one such payment.

16

Subject to paragraphs 36 and 37, £5 of any of the following, namely—

(a) a war disablement pension or war widow's pension or a payment made to compensate for the non-payment of such a pension;

(b) a pension paid under the social security scheme of a country outside Great Britain and which either—

(i) is analogous to a war disablement pension, or

(ii) is paid to a war widow in respect of a person's death but is otherwise analogous to such a pension;

(c) a pension paid under any special provision made by the law of the Federal Republic of Germany or any part of it or of the Republic of Austria, to victims of National Socialist persecution.

17

Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions—

(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 the interest on the loan is payable by the person to whom it was made or by one of the annuitants;

(c) 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;

(d) 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; and

(e) 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,

the amount, calculated on a weekly basis equal to—

(i) where, or in so far as, section 26 of the Finance Act 1982[^f00114] (deduction of tax from certain loan interest) 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 basic rate for the year of assessment in which the payment of interest becomes due,

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

18

Any payment made to the claimant by a member of his household which is a contribution towards his living and accommodation costs except a payment to which paragraph 19 or 20 applies.

19

Where the claimant occupies a dwelling as his home which is also occupied by a person other than one to whom paragraph 18 refers or one who is provided with board and lodging accommodation and that person is contractually liable to make payments in respect of his occupation of the dwelling to the claimant—

(a) £4 of any payment made by that person; and

(b) a further £6·70, where that payment is inclusive of an amount for heating.

20

Where a claimant is employed in providing board and lodging accommodation for which a charge is payable, £35 of the weekly charge paid by each person provided with such accommodation.

21

Except where regulation 42(4)(a)(i) (notional income) applies or in the case of a person to whom Article 24 of the Order (trade disputes) applies and for so long as it applies, any income in kind.

22

(1) Any income derived from capital to which the claimant is or is treated under regulation 52 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraph 1, 2, 4, 6 or 12 of Schedule 10.

(2) Income derived from capital disregarded under paragraph 2 or 4 of Schedule 10 but only to the extent of any mortgage repayments and payment of rates made in respect of the dwelling or premises in the period during which that income accrued.

23

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

24

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

25

(1) Any payment made to the claimant in respect of a child or young person who is a member of his family which is a payment made by a local authority, as defined in section 107 of the Children Act 1975[^f00115] in pursuance of section 34(6) or, as the case may be, section 50 thereof (contributions to a custodian towards the cost of the accommodation and maintenance of a child), to the extent specified in sub-paragraph (2).

(2) In the case of a child or young person—

(a) to whom regulation 44(5) (capital in excess of £3,000) applies, the whole payment;

(b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the applicable amount in respect of that child or young person and where applicable to him any amount by way of a disabled child premium.

26

Any payment made by a Health and Social Services Board or training school within the meaning of section 137 of the Children and Young Persons Act (Northern Ireland) 1968[^f00116] to the claimant with whom a person is boarded out by virtue of arrangements made under section 114(1)(a) of that Act or by a voluntary organisation under section 129(1) of that Act.

27

Any payment made by a Health and Social Services Board, training school or voluntary organisation to the claimant in respect of a person who is not normally a member of the claimant's household but is temporarily in his care.

28

Except in the case of a person to whom Article 24 of the Order (trade disputes) applies and for so long as it applies, any payment made under section 164 of the Children and Young Persons Act (Northern Ireland) 1968 (general functions for promoting the welfare of persons under the age of 18).

29

(1) Any payment received under an insurance policy, taken out to insure against the risk of being unable to maintain repayments on a loan to which paragraph 7 or 8 of Schedule 3 applies (interest on loans to acquire an interest in the dwelling, or for repairs and improvements to the dwelling, occupied as the home) and used to meet such repayments, to the extent that it does not exceed—

(a) subject to sub-paragraph (2), the amount, calculated on a weekly basis, of any interest which is excluded under that paragraph;

(b) the amount of the payment, calculated on a weekly basis, due on the loan attributable to the repayment of capital; and

(2) The amount to which sub-paragraph (1)(a) refers shall be taken into account in calculating the amount to be excluded under this paragraph only for such period during which there is applicable to the claimant 50 per cent. of his eligible interest under paragraph 7 of Schedule 3.

30

Except where paragraph 28 applies, any payment made to the claimant which is intended and used as a contribution towards—

(a) the amount of eligible interest which is not met under paragraph 7 or 8 of Schedule 3 (interest on loans to acquire an interest in the dwelling, or for repairs and improvements to the dwelling, occupied as the home);

(b) the capital repayments—

(i) where the loan is one specified in paragraph 7(3)(a) or 8(1)(a) of Schedule 3, or

(ii) where the loan is one specified in paragraph 7(3)(b) or 8(1)(b) of Schedule 3 only to the extent that the capital outstanding on that loan represents the capital balance outstanding on the previous loan at the time when the loan was taken out;

(c) any payment or charge specified in paragraph 1 of Schedule 3 (eligible housing costs) to the extent that that payment or charge has not been met;

(d) his rent in respect of the dwelling occupied by him as his home but only to the extent that it is not met by housing benefit; or his accommodation charge but only to the extent that the actual charge for the accommodation exceeds the amount determined in accordance with regulation 19 or 20 (homes for persons in need, nursing homes, board and lodging, hostels).

31

Any social fund payment.

32

Any payment of income which under regulation 48 (income treated as capital) is to be treated as capital.

33

Any payment under paragraph 2 of Schedule 6 to the Order (pensioners' Christmas bonus).

34

In the case of a person to whom Article 24 of the Order (trade disputes) applies and for so long as it applies, any payment up to the amount of the relevant sum within the meaning of paragraph 6 of that Article made by a trade union; but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage) if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the amount to be disregarded under this paragraph is less than the relevant sum.

35

Any payment which is due to be paid before the date of claim which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.

36

The total of a claimant's income or, if he is a member of a family, the family's income and the income of any person which he is treated as possessing under regulation 23(3) (calculation of income and capital of members of claimant's family and of a polygamous marriage) to be disregarded under regulation 63(2)(b) and 64(1)(c) (calculation of covenant income where a contribution is assessed) and paragraphs 15 and 16 shall in no case exceed £5 per week.

37

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