The Housing Benefit Regulations (Northern Ireland) 2006

• (1) Subject to sub-paragraph (2), where there is a change of circumstances which leads to an increase in the claimant’s basic amount, the transitional addition that applies immediately before the change of circumstances shall be reduced by the amount by which Amount C exceeds Amount D.

• (2) If Amount C exceeds Amount D by more than the amount of the transitional addition that applies immediately before the change of circumstances, that transitional addition shall be reduced to nil.

• (3) Amount C is the basic amount that applies as a result of the increase.

• (4) Amount D is the basic amount that applied immediately before the increase.

Transitional protection–reduction in LHA

13D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maximum rent

Protection on death and 13 week protection

Change in reckonable rent

When a maximum rent (LHA) is to be determined

Determination of a maximum rent (LHA)

Publication of local housing allowances

Amended determinations

Decisions

Pre-tenancy decisions

10A

One additional bedroom is allowed where on the application for the determination—

• (a) one 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) any 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.

13A

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.

A1

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations (Northern Ireland) 2014.

A1

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations (Northern Ireland) 2014 but only for 52 weeks beginning with the date of receipt of the payment.

Date on which income consisting of earnings from employment as an employed earner are taken into account

26A

A claimant’s average weekly earnings from employment estimated pursuant to regulation 26 and Section 3 of this Part shall be taken into account—

• (a) in the case of a claim, on the date that the claim was made or treated as made and the first day of each benefit week thereafter, regardless of whether those earnings were actually received in the benefit week;

• (b) in the case of a claim or award where the claimant commences employment, the first day of the benefit week following the date the claimant commences that employment, and the first day of each benefit week thereafter, regardless of whether those earnings were actually received in that benefit week; or

• (c) in the case of a claim or award where the claimant’s average weekly earnings from employment change, the first day of the benefit week following the date of the change, and the beginning of each benefit week thereafter, regardless of whether those earnings were actually received in that benefit week.

Average weekly earnings of self-employed earners

Average weekly income other than earnings

Calculation of average weekly income from tax credits

Calculation of weekly income

Disregard of changes in tax, contributions etc.

Calculation of an extended payment where the benefit cap applies

70D

Where a claimant’s housing benefit in the benefit week with respect to which the extended payment is to be calculated is reduced in accordance with regulation 73D, the extended payment must be calculated using the amount of housing benefit before any such reduction is made.

Extended payments (qualifying contributory benefits)

Duration of extended payment period (qualifying contributory benefits)

Amount of extended payment (qualifying contributory benefits)

Relationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement

Calculation of an extended payment (qualifying contributory benefits) where the benefit cap applies

71D

Where a claimant’s housing benefit in the benefit week with respect to which the extended payment (qualifying contributory benefits) is to be calculated is reduced in accordance with regulation 73D, the extended payment (qualifying contributory benefits) must be calculated using the amount of housing benefit before any such reduction is made.

Non-dependant deductions

Minimum housing benefit

Part VIIIA — Benefit cap

Circumstances in which a benefit cap will apply

73A

Unless regulation 73E or 73F applies, a benefit cap applies where the relevant authority makes a determination that during the reference period the total amount of welfare benefits to which—

• (a) where the claimant is a member of a couple, each member of the couple is or jointly are entitled, or

• (b) in any other case, the claimant is entitled,

exceeds the relevant amount.

Determination of whether a benefit cap applies

73B

• (1) A relevant authority may make a determination as to whether the benefit cap applies or whether to change the amount of any reduction made in accordance with regulation 73D (reduction of housing benefit) but a relevant authority is not required to do so unless paragraph (2) applies.

• (2) This paragraph applies where a relevant authority receives notification from the Department that—

• (a) the benefit cap may apply;

• (b) there has been a change in the amount of a welfare benefit to which the claimant is entitled; or

• (c) there has been a change to the relevant amount which may affect the amount of housing benefit to which a claimant is entitled.

Manner of calculating the amount of welfare benefits

73C

• (1) When calculating the total amount of welfare benefits, the relevant authority must use the amount of a welfare benefit to which a person is entitled unless paragraph (2), (3) or (4) applies.

• (2) Where the welfare benefit is housing benefit, the relevant authority—

• (a) where the dwelling is accommodation specified in regulation 73H (specified accommodation) must use the amount of nil, and

• (b) in any other case, must not take account of any reduction under regulation 73D and must use the amount to which the claimant would be entitled by virtue of section 129 of the Act.

• (3) Where the welfare benefit is an employment and support allowance, the relevant authority must disregard that benefit where a person is disqualified for receiving it by virtue of section 18 of the Welfare Reform Act.

• (4) Where an amount of a welfare benefit other than jobseeker’s allowance or employment and support allowance is taken into account as income in accordance with Part VI (income and capital), or would be so taken into account if the relevant authority were required to calculate the claimant’s income, the relevant authority must use that amount.

• (5) The amount of a welfare benefit for the purpose of paragraph (4) includes any amount of that benefit which would have been payable but for any loss of benefit under, or by virtue of, section 5B, 6 or 8 of the Social Security Fraud Act (Northern Ireland) 2001.

Reduction of housing benefit

73D

• (1) Subject to paragraph (2), where the benefit cap applies, the relevant authority must reduce the amount of housing benefit to which the claimant is entitled by virtue of section 129 of the Act by the amount by which the total amount of welfare benefits exceeds the relevant amount.

• (2) Where the reduction would reduce the claimant’s housing benefit to less than the minimum amount of housing benefit provided for in regulation 73 (minimum housing benefit), the relevant authority must reduce the claimant’s housing benefit by such amount as will leave the claimant entitled to that minimum amount.

Exception to the benefit cap: current or recent work

73E

• (1) The benefit cap does not apply where paragraph (2) applies or during the period specified in paragraph (3).

• (2) This paragraph applies where the claimant is, or the claimant and the claimant’s partner are jointly, entitled to working tax credit.

• (3) The specified period is, where paragraph (4) applies, the consecutive period of 39 consecutive weeks starting on the day specified in paragraph (5).

• (4) This paragraph applies where the relevant authority is satisfied that, for at least 50 weeks out of the 52 weeks immediately preceding their last day of work, the claimant or the claimant’s partner (“P”)—

• (a) was employed or engaged in work for payment, or in the expectation of payment, and

• (b) was not entitled to income support, a jobseeker’s allowance or an employment and support allowance,

and, for the purposes of sub-paragraph (a), P is employed or engaged in work for any day on which P is on maternity leave, paternity leave, adoption leave , shared parental leave or parental bereavement leave or is in receipt of statutory sick pay.

• (5) The specified day is the day after the last day on which P was employed or engaged in the work referred to in paragraph (4).

Exception to the benefit cap: receipt of specified benefit

73F

• (1) The benefit cap does not apply where—

• (a) the claimant or the claimant’s partner is receiving an employment and support allowance under Part 1 of the Welfare Reform Act which includes a support component;

• (b) the claimant or the claimant’s partner is receiving an industrial injuries benefit by virtue of Part 5 of the Act;

• (c) the claimant or the claimant’s partner is receiving an attendance allowance;

• (ca) the claimant or the claimant’s partner is receiving pension age disability payment;

• (d) the claimant or the claimant’s partner is receiving a war pension;

• (e) the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible, is receiving a disability living allowance;

• (eza) the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible, is receiving child disability payment;

• (ezb) the claimant or the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible is receiving Scottish adult disability living allowance;

• (ea) the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is receiving a personal independence payment or adult disability payment;

• (f) the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is receiving an armed forces independence payment;

• (g) the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible is entitled to a payment listed in sub-paragraph (b), (c), (ca), (d), (e), (eza) , (ezb), (ea) or (f) but—

• (i) that person is not receiving it under regulation 6 (hospitalisation) or regulation 7 (persons in care homes) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992;

• (ia) in the case of pension age disability payment, that payment is not payable in accordance with regulation 19 (effect of admission to a care home on ongoing entitlement to pension age disability payment) or regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024;

• (ii) it is withheld under article 53 of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 2006 (maintenance in hospital or an institution);

• (iii) that person is not receiving it under regulation 8 (hospitalisation) or regulation 9 (persons in care homes) of the Social Security (Disability Living Allowance) Regulations 1992;

• (iiia) in the case of Scottish adult disability living allowance, that allowance is not payable in accordance with regulation 22 (effect of admission to a care home on ongoing entitlement to care component) or regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

• (iv) that payment is not payable in accordance with regulations made under Article 90 or Article 91 of the 2015 Order;

• (v) that person is not receiving it under regulation 17 (effect of admission to a care home on ongoing entitlement to care component) of the DACYP Regulations;

• (vi) in the case of adult disability payment, that payment is not payable in accordance with regulation 27 (effect of admission to a care home on ongoing entitlement to daily living component) or regulations 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022;

• (h) the claimant, the claimant’s partner, or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a carer’s allowance under section 70 of the Act;

• (ha) the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a guardian’s allowance under section 77 of the Act.

• (hb) the claimant, the claimant’s partner, or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a carer support payment;

• (i) the claimant is receiving universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.

• (2) In this regulation “war pension” has the meaning in regulation 2(1) (interpretation) and includes—

• (a) a guaranteed income payment;

• (b) a pension payable to a person as a widow, widower or surviving civil partner under any power of Her Majesty otherwise than under an enactment 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;

• (c) a payment which is made under any of—

• (i) the Order in Council of 19th December 1881;

• (ii) the Royal Warrant of 27th October 1884;

• (iii) the Order by His Majesty of 14th January 1922,

to a widow, widower or surviving civil partner of a person whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown and whose service in such capacity terminated before 31st March 1973.

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

Interpretation

73G

For the purposes of Article 101 of the Welfare Reform (Northern Ireland) Order 2015 and this Part—

• “couple” has the meaning in regulation 2(1) unless the claimant is a member of a polygamous marriage, in which case it means the claimant and the member of the polygamous marriage to whom the claimant was first married and references to the claimant’s partner are to that member of that marriage;

• “reference period” means a benefit week;

• “relevant amount” means the amount determined in accordance with regulation 73CA;

• ...

Specified accommodation

73H

• (1) The accommodation referred to in regulation 73C(2)(a) is accommodation to which one or more of the following paragraphs applies.

• (2) This paragraph applies to accommodation which is exempt accommodation within the meaning of paragraph 4(9) of Schedule 3 to the Consequential Provisions Regulations.

• (3) This paragraph applies to accommodation—

• (a) which is provided by a relevant body;

• (b) into which the claimant has been admitted in order to meet a need for care, support or supervision, and

• (c) where the claimant receives care, support or supervision.

• (4) This paragraph applies to accommodation which—

• (a) is provided by a relevant authority or a relevant body to the claimant because the claimant has left the home as a result of domestic violence, and

• (b) consists of a building, or part of a building, which is used wholly or mainly for the non-permanent accommodation of persons who have left their homes as a result of domestic violence.

• (5) This paragraph applies to accommodation—

• (a) which would be a hostel within the meaning of regulation 2(1) (interpretation) but for it being owned or managed by a relevant authority, and

• (b) where the claimant receives care, support or supervision.

• (6) In this regulation—

• ...

• ...

• ...

• “relevant body” means a—housing association;registered charity;voluntary organisation.

Recovery by deduction from earnings

103A

• (1) Any overpayment which is recoverable by virtue of regulation 97 may be recovered by a relevant authority by deduction from the earnings of the person from whom it is recoverable.

• (2) Part 6 of the Social Security (Overpayments and Recovery) Regulations (Northern Ireland) 2016 applies in relation to the recovery of overpayments by deduction from the earnings of a person specified in paragraph (1) by a relevant authority as it applies to the recovery of recoverable amounts by deduction from the earnings of persons under that Part by an appropriate authority.

Restrictions on recovery of rent and consequent modifications

Determinations

Determination of the relevant amount

73CA

• (1) The relevant amount is determined by dividing the applicable annual limit by 52 and rounding that amount by disregarding any amount of less than half a penny and treating any amount of half a penny or more as a whole penny.

• (2) The applicable annual limit is—

• (a) £14,753 in the case of single claimants;

• (b) £22,020 in the case of all other claimants.

Reduction of housing benefit

Exception to the benefit cap: current or recent work

Exception to the benefit cap: receipt of specified benefit

Interpretation

Specified accommodation

Eligible rent and maximum rent (social sector)

13AA

• (1) This regulation applies where a maximum rent (social sector) has been, or is to be, determined in accordance with regulation A14.

• (2) Except where paragraph (3) or (6) applies, the amount of a person’s eligible rent is the maximum rent (social sector).

• (3) Where the claimant occupies a dwelling which is the same as that occupied by the claimant at the date of death of a linked person, the eligible rent is—

• (a) the eligible rent which applied on the day before the death occurred; or

• (b) in a case where no eligible rent applied on that day, an eligible rent determined in accordance with regulation 13A(2),

where that eligible rent is more than the eligible rent determined in accordance with paragraph (2).

• (4) For the purposes of paragraph (3), a claimant is treated as occupying the dwelling if—

• (a) any of paragraphs (13), (13D) (with (13E) where applicable) or (13G) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of those paragraphs were omitted; or

• (b) any of paragraphs (17), (17C) or (17D) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of paragraph (16) of that regulation were omitted.

• (5) Where a person’s eligible rent has been determined in accordance with paragraph (3), it shall apply until the first of the following events occurs—

• (a) the period of 12 months from the date of death has expired;

• (b) the determination of an eligible rent in accordance with paragraph (3) in relation to a subsequent death;

• (c) there is a change of circumstances and the relevant authority determines a new eligible rent in accordance with paragraph (2) which is equal to or more than the eligible rent determined in accordance with paragraph (3);

• (d) there is a change of dwelling; or

• (e) the determination of an eligible rent under regulation 13A.

• (6) Where the relevant authority is satisfied that the claimant or a linked person was able to meet the financial commitments for the dwelling when they were entered into, the eligible rent is an eligible rent determined in accordance with regulation 13A(2) where that eligible rent is more than the eligible rent determined in accordance with paragraph (2).

• (7) Paragraph (6) shall not apply where the claimant or the claimant’s partner was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of the claimant’s current award of housing benefit.

• (8) Where a person’s eligible rent has been determined in accordance with paragraph (6), it shall apply until the first of the following events occurs—

• (a) the first 13 weeks of the claimant’s award of housing benefit have expired;

• (b) the determination of an eligible rent in accordance with paragraph (3);

• (c) there is a change of circumstances and the relevant authority determines a new eligible rent in accordance with paragraph (2) which is equal to or more than the eligible rent determined in accordance with paragraph (6);

• (d) there is a change of dwelling; or

• (e) the determination of an eligible rent under regulation 13A.

Eligible rent and maximum rent

Eligible rent and maximum rent (LHA)

Transitional protection–reduction in LHA

When a maximum rent (social sector) is to be determined

A14

• (1) Subject to paragraph (2), the relevant authority must determine a maximum rent (social sector) in accordance with regulation B14 where the relevant authority has not determined, and is not required to determine—

• (a) a maximum rent in accordance with regulation 14;

• (b) a maximum rent (LHA) by virtue of regulation 14C; or

• (c) an eligible rent in a case where paragraph 4 of Schedule 3 to the Consequential Provisions Regulations applies.

• (2) This regulation does not apply—

• (a) in a rent allowance case where the tenancy is an excluded tenancy of a type mentioned in paragraphs 4 or 5 of Schedule 3 and the landlord is not a registered housing association;

• (b) in respect of equity-sharing lease tenancies;

• (c) in respect of mooring charges for houseboats and payments in respect of the site on which a caravan or mobile home stands;

• (d) where the claimant or the claimant’s partner has attained the qualifying age for state pension credit, or where both have attained that age; or

• (e) where the dwelling is temporary accommodation.

• (f) where—

• (i) domestic violence has been inflicted upon or threatened against the claimant or a member of the claimant’s household (“the victim”) by that person’s partner or former partner, or by a relative;

• (ii) the victim is not living at the same address as the person who inflicted or threatened the domestic violence, except where that person is a young person as defined in regulation 17 and is a dependant of a member of the claimant’s household; and

• (iii) the claimant provides evidence from a person acting in an official capacity which demonstrates that the claimant is living in a property adapted under a sanctuary scheme and—

• (aa) the victim’s circumstances are consistent with those of a person who has had domestic violence inflicted upon or threatened against them; and

• (bb) the victim has made contact with the person acting in an official capacity in relation with such an incident.

• (3) In this regulation “temporary accommodation” means accommodation of a kind listed in paragraph (4) which the relevant authority makes available to the claimant, or which a registered housing association makes available to the claimant in pursuance of arrangements made with it by the authority—

• (a) to discharge any of the authority’s functions under Part II of the Housing (Northern Ireland) Order 1988; or

• (b) to prevent the claimant being or becoming homeless within the meaning of Part II of the Housing (Northern Ireland) Order 1988.

• (4) The accommodation referred to in paragraph (3) is—

• (a) accommodation—

• (i) provided for a charge, where that charge includes the provision of that accommodation and some cooked or prepared meals which are also cooked or prepared, and consumed, in that accommodation or associated premises; or

• (ii) provided in a hotel, guest house, lodging house or similar establishment,

but does not include accommodation which is provided in a care home, an independent hospital or a hostel;

• (b) accommodation which the authority or registered housing association holds on a lease granted for a term not exceeding 10 years;

• (c) accommodation which the authority or registered housing association has a right to use under an agreement other than a lease with a third party.

• (5) In this regulation—

• ...

• ...

• “household” means the persons who the relevant authority are satisfied are occupying the claimant’s dwelling as their home;

• “person acting in an official capacity” means a health care professional, a police officer, a registered social worker, the victim’s employer, a representative of the victim’s trade union, or any public, voluntary, or charitable body which has had direct contact with the victim in connection with domestic violence;

• “provider of social housing” means –the Executiveregistered housing association;

• ...

• ...

• “sanctuary scheme” means a scheme operated by a provider of social housing enabling victims of domestic violence to remain in their homes through the installation of additional security to the property or the perimeter of the property at which the victim resides.

Determination of a maximum rent (social sector)

B14

• (1) The maximum rent (social sector) is determined in accordance with paragraphs (2) to (9).

• (2) The relevant authority must determine a limited rent by—

• (a) determining the amount that the claimant’s eligible rent would be in accordance with regulation 13A(2) without applying regulations 13A(4) and (7);

• (b) where the number of bedrooms in the dwelling exceeds the number of bedrooms to which the claimant is entitled in accordance with paragraphs (5) to (7) reducing that amount by the appropriate percentage set out in paragraph (3); and

• (c) where more than one person is liable to make payments in respect of the dwelling, apportioning the amount determined in accordance with sub-paragraphs (a) and (b) between each such person having regard to all the circumstances, in particular, the number of such persons and the proportion of rent paid by each person.

• (3) The appropriate percentage is—

• (a) 14% where the number of bedrooms in the dwelling exceeds by one the number of bedrooms to which the claimant is entitled; and

• (b) 25% where the number of bedrooms in the dwelling exceeds by two or more the number of bedrooms to which the claimant is entitled.

• (4) Where it appears to the relevant authority that in the particular circumstances of any case the limited rent is greater than it is reasonable to meet by way of housing benefit, the maximum rent (social sector) shall be such lesser sum as appears to that authority to be an appropriate rent in that particular case.

• (5) The claimant is entitled to one bedroom for each of the following categories of person whom the relevant authority is satisfied occupies the claimant’s dwelling as their home (and each person shall come within the first category only which is applicable)—

• (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 ...;

• (b) a person who is not a child;

• (c) a child who cannot share a bedroom;

• (d) two children of the same sex;

• (e) two children who are less than 10 years old;

• (f) a child.

• (6) The claimant is entitled to one additional bedroom in any case where—

• (a) one or more relevant persons in paragraph (9)(a), (b) or (e) is a person who requires overnight care;

• (ab) one or more relevant persons in paragraph (9)(c) or (d) is a person who requires overnight care; or

• (b) a relevant person is a qualifying parent or carer.

• (7) Where—

• (a) more than one sub-paragraph of paragraph (6) applies the claimant is entitled to an additional bedroom for each sub-paragraph that applies;

• (b) more than one person falls within paragraph (6)(b) the claimant is entitled to an additional bedroom for each person falling within that sub-paragraph, except that where a person and that person’s partner both fall within the same sub-paragraph the claimant is entitled to only one additional bedroom in respect of that person and that person’s partner.

• (8) For the purposes of determining the number of occupiers of the dwelling under paragraph (5), the relevant authority must include any member of the armed forces away on operations who—

• (a) is the son, daughter, step-son or step-daughter of the claimant or the claimant’s partner;

• (b) was the claimant’s non-dependant before they became a member of the armed forces away on operations; and

• (c) intends to resume occupying the dwelling as their home when they cease to be a member of the armed forces away on operations.

• (9) In this regulation “relevant person” means—

• (a) the claimant;

• (b) the claimant’s partner;

• (c) a person (“P”) other than the claimant or the claimant’s partner who is jointly liable with the claimant or the claimant’s partner (or both) to make payments in respect of the dwelling occupied as the claimant’s home;

• (d) P’s partner.

• (e) for the purposes of paragraph (6)(a)—

• (i) a person (other than the claimant, the claimant’s partner, P or P’s partner) who occupies the claimant’s dwelling as their home;

• (ii) a child or young person in respect of whom a relevant person under sub-paragraphs (a) to (e)(i) is a qualifying parent or carer.

Maximum rent

Protection on death and 13 week protection

Change in reckonable rent

When a maximum rent (LHA) is to be determined

Determination of a maximum rent (LHA)

Publication of local housing allowances

Amended determinations

Decisions

Pre-tenancy decisions

10B

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

65

Any bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 9(1)(h) or 59 of Schedule 7.

59

• (1) Any 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.

• (2) Where bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 is paid to the survivor of a cohabiting partnership (within the meaning in section 29(6B) of the Pensions Act (Northern Ireland) 2015) in respect of a death occurring before the day the Bereavement Benefits (Remedial) Order 2023 comes into force, any amount of that payment which is—

• (a)

• (i) in respect of the rate set out in regulation 3(1) of the Bereavement Support Payment (No. 2) Regulations (Northern Ireland) 2019 (rate of bereavement support payment), and

• (ii) paid as a lump sum for more than one monthly recurrence of the day of the month on which their cohabiting partner died;

• (b) in respect of the rate set out in regulation 3(2) of the Bereavement Support Payment (No. 2) Regulations (Northern Ireland) 2019,

but only for a period of 52 weeks from the date of receipt of the payment.

60

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.

66

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

61

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

67

Any payment of carer’s allowance supplement made under section 81 of the Social Security (Scotland) Act 2018.

68

Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.

62

Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.

Treatment of student loans and post graduate loans

9A

• (1) A payment 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 but, subject to sub-paragraph (2), only for a period of 52 weeks from the date of the receipt of the payment.

• (2) In a case where the amount of such payment is £5,000 or more, sub-paragraph (1) shall have effect in relation to the payment either for a period of 52 weeks from the date of receipt, or, if the amount is received in its entirety during the award of housing benefit, for the remainder of that award if that is a longer period.

• (3) For the purposes of 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.

• (4) For the purposes of sub-paragraph (2), “the award of housing benefit” has the meaning in paragraph 9(3) of this Schedule except that “the relevant sum” means the payment to be disregarded by this paragraph.

69

Any disability assistance given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018.

70

Any short-term assistance given in accordance with regulations made under section 36 of the Social Security (Scotland) Act 2018.

63

Any assistance given in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.

64

Any winter heating assistance given in accordance with regulations made under section 30 of the Social Security (Scotland) Act 2018.

32A

Any local welfare provision.

21A

Any local welfare provision.

9B

Any payment of a widowed parent’s allowance made pursuant to section 39A of the Act (widowed parent’s allowance)—

• (a) to the survivor of a cohabiting partnership (within the meaning in section 39A(7) of the Act) who is entitled to a widowed parent’s allowance for a period before the Bereavement Benefits (Remedial) Order 2023 comes into force, and

• (b) in respect of any period of time during the period ending with the day before the survivor makes the claim for a widowed parent’s allowance,

but only for a period of 52 weeks from the date of receipt of the payment.

71

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Act.

Treatment of loans for specific purposes

62A

A loan under the Education (Student Support) Regulations 2011 or regulations made under section 73 of the Education (Scotland) Act 1980 that is intended to meet the cost of books, equipment, travel or childcare shall be disregarded as income.

Treatment of payments from access funds

Disregard of contribution and rent

Further disregard of student’s income

Amounts treated as capital

Disregard of changes occurring during summer vacation

72

Any Scottish carer supplement given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

73

Any carer additional person payment given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.