The Housing Benefit Regulations (Northern Ireland) 2006

SCHEDULE 3 — Excluded tenancies

1

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

2

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (e) the claimant is a young individual, except in a case where the decision mentioned in sub-paragraph (1) was, or was made in connection with, a decision of a single room rent pursuant to paragraph 5 of Schedule 2 on or after 2nd July 2001.

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

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

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

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

3

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

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

4

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

5

• (1) Subject to sub-paragraphs (2) and (3) this paragraph applies to a tenancy in respect of a dwelling comprised in land which has been disposed of under Article 88 of the Housing (Northern Ireland) Order 1981[^f00160].

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

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

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

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

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

6

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

SCHEDULE 4 — Applicable amounts

PART I — Personal allowances

1

The amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 20(1)(a) and 21(1)(a) and (b)—

Column (1)	Column (1)	Column (2)	Column (2)	Column (2)
Person or Couple	Person or Couple	Amount	Amount	Amount
(1) Single claimant who—	(1) Single claimant who—	(1)	(1)	(1)
(a)	is entitled to main phase employment and support allowance;	(a)	(a)	£92.05;
(b)	is aged not less than 25;	(b)	(b)	£92.05;
(c)	is aged less than 25.	(b)	(b)	£72.90.
(2) Lone parent who—	(2) Lone parent who—	(2)	(2)	(2)
(a)	is entitled to main phase employment and support allowance;	(a)	(a)	£92.05;
(b)	is aged not less than 18;	(b)	(b)	£92.05;
(c)	is aged less than 18.	(c)	(c)	£72.90.
(3) Couple where—	(3) Couple where—	(3)	(3)	(3)
(a)	the claimant is entitled to main phase employment and support allowance;	(a)	£144.65;	£144.65;
(b)	at least one member is aged not less than 18;	(b)	£144.65;	£144.65;
(c)	both members are aged less than 18.	(c)	(c)	£110.15.

2

• (1) The amount specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulations 20(1)(b) and 21(1)(c)

Column (1)	Column (1)	Column (1)	Column (2)	Column (2)	Column (2)
Child or young person	Child or young person	Child or young person	Amount	Amount	Amount
Person in respect of the period—	Person in respect of the period—	Person in respect of the period—
	(a)	beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;		(a)	£84.66;
	(b)	beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.		(b)	£84.66

• (2) In column (1) of the Table in paragraph (1), “the first Monday in September” means the Monday which first occurs in the month of September in any year.

PART II — Family premium

3

• (1) ... The amount for the purposes of regulations 20(c) and 21(d) in respect of a family of which at least one member is a child or young person shall be—

• (a) where the claimant is a lone parent to whom sub-paragraph (3) applies, £22.20;

• (b) in any other case, £19.48.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The amount in sub-paragraph (1)(a) shall be applicable to a lone parent—

• (a) who was entitled to housing benefit on 5th April 1998 and whose applicable amount on that date included the amount applicable under sub-paragraph (1)(a) as in operation on that date; or

• (b) who was not entitled to housing benefit on 5th April 1998 because that date fell during a rent-free period as defined in regulation 79(1) and his applicable amount on that date would have included the amount applicable under sub-paragraph (1)(a) as in operation on that date,

and in respect of whom all of the conditions specified in sub-paragraph (4) have continued to apply.

• (4) The conditions specified for the purposes of sub-paragraph (3) are that, in respect of the period commencing on 6th April 1998—

• (a) the claimant has not ceased to be entitled, or has not ceased to be treated as entitled, to housing benefit;

• (b) the claimant has not ceased to be a lone parent;

• (c) where the claimant was entitled to income support or to an income-based jobseeker’s allowance on 5th April 1998, he has continuously, since that date, been entitled to income support, an income-based jobseeker’s allowance or an income-related employment and support allowance or a combination of those benefits;

• (d) where the claimant was not entitled to income support or to an income-based jobseeker’s allowance on 5th April 1998, he has not become entitled to income support, an income-based jobseeker’s allowance or an income-related employment and support allowance; and

• (e) a premium under paragraph ... 12 or a component under paragraph 23 or 24 has not become applicable to the claimant.

• (5) For the purposes of sub-paragraph (4)(a), a claimant shall be treated as entitled to housing benefit during any rent-free period as defined for the purposes of regulation 79(1).

PART III — Premiums

4

Except as provided in paragraph 5, the premiums specified in Part IV shall, for the purposes of regulations 20(1)(d) and 21(1)(e), be applicable to a claimant who satisfies the condition specified in paragraphs 9 to 17 in respect of that premium.

5

Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.

6

The following premiums, namely—

• (a) a severe disability premium to which paragraph 14 applies;

• (b) an enhanced disability premium to which paragraph 15 applies;

• (c) a disabled child premium to which paragraph 16 applies; and

• (d) a carer premium to which paragraph 17 applies,

may be applicable in addition to any other premium which may apply under this Schedule.

7

• (1) Subject to sub-paragraph (2), for the purposes of this Part, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit for—

• (a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979[^f00161] applies, any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; ...

• (b) any period spent by a person in undertaking a course of training or instruction provided or arranged by the Department for Employment and Learning under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945[^f00162], or section 1 (1) of the 1950 Act[^f00163] or for any period during which he is in receipt of a training allowance; and

• (c) in the case of carer support payment, any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.

• (2) For the purposes of the carer premium under paragraph 17, a person shall be treated as being in receipt of carer’s allowance by virtue of sub-paragraph (1)(a) or carer support payment by virtue of sub-paragraph (1)(c) only if and for so long as the person in respect of whose care the allowance or payment has been claimed remains in receipt of armed forces independence payment, attendance allowance , pension age disability payment, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act , the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 , the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations , the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order , or the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022.

Bereavement premium

8

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

Pensioner premium for persons under 75

9

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

Pensioner premium for persons 75 and over

10

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

Higher pensioner premium

11

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

Disability premium

12

The condition for the disability premium is that—

• (a) where the claimant is a single claimant or a lone parent, he has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 13 is satisfied; or

• (b) where the claimant has a partner, either—

• (i) the claimant has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 13(1)(a) or (b) is satisfied by him, or

• (ii) his partner has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 13(1)(a) is satisfied by his partner.

Additional condition for the higher pensioner and disability premiums

13

• (1) Subject to sub-paragraph (2) and paragraph 7, the additional condition referred to in paragraph 12 is that either—

• (a) the claimant or, as the case may be, his partner—

• (i) is in receipt of one or more of the following benefits: armed forces independence payment, attendance allowance , pension age disability payment, disability living allowance , Scottish adult disability living allowance , child disability payment, personal independence payment, adult disability payment the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit Regulations, mobility supplement, long-term incapacity benefit under Part II of the Act or severe disablement allowance under Part III of the Act but, in the case of long-term incapacity benefit or severe disablement allowance only where it is paid in respect of him;

• (ii) was in receipt of long-term incapacity benefit under Part II of the Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act or a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 and the claimant has since remained continuously entitled to housing benefit and, if the long-term incapacity benefit was payable to his partner, the partner is still a member of the family;

• (iii) was in receipt of attendance allowance or disability living allowance but payment of benefit has been suspended in accordance with regulations made under section 113(2) of the Act or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 25(11)(e);

• (iiia) was in receipt of personal independence payment that is no longer payable by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients);

• (iiib) was in receipt of adult disability payment that is no longer payable by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022;

• (iiic) was in receipt of pension age disability payment that is no longer payable by virtue of 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;

• (iiid) was in receipt of Scottish adult disability living allowance that is no longer payable by virtue of 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) is provided by the Department of Health, Social Services and Public Safety with an invalid carriage or other vehicle under Article 30(1) of the Health and Personal Social Services Order or receives payments by way of grant from that Department under Article 30(3) of that Order, or

• (v) is certified as severely sight impaired or blind by a consultant ophthalmologist; or

• (b) the claimant—

• (i) is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the Act, and

• (ii) has been incapable, or has been treated as incapable, of work for a continuous period of not less than—

• (aa) in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Act[^f00167], 196 days;

• (bb) in any other case, 364 days.

• (2) For the purposes of sub-paragraph (1)(a)(v), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.

• (3) For the purposes of sub-paragraph (1)(b), once ... the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be treated as incapable of work or to be incapable of work he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided or arranged under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or section 3 of the 1950 Act[^f00168] or for any period during which he is in receipt of a training allowance.

• (6) For the purposes of sub-paragraph (1)(b), where any 2 or more periods of incapacity are separated by a break of not more than 56 days, those periods shall be treated as one continuous period.

• (7) For the purposes of this paragraph, a reference to a person who is or was in receipt of long-term incapacity benefit includes a person who is or was in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.

• (8) In the case of a claimant who is a welfare to work beneficiary (a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 applies, and who again becomes incapable of work for the purposes of Part XIIA of the Act) —

• (a) in sub-paragraph (3) the reference to a period of 8 weeks; and

• (b) in sub-paragraph (6) the reference to a period of 56 days,

shall in each case be treated as a reference to a period of 104 weeks.

• (9) The claimant is not entitled to the disability premium if the claimant has, or is treated as having, limited capability for work.

Severe disability premium

14

• (1) The condition is that the claimant is a severely disabled person.

• (2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—

• (a) in the case of a single claimant, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3)—

• (i) he is in receipt of armed forces independence payment, attendance allowance, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act , the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 , the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations , the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;

• (ii) subject to sub-paragraph (4), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing, and

• (iii) no person is entitled to, and in receipt of, a carer’s allowance under section 70 of the Act[^f00169] , carer support payment or has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016 in respect of caring for him;

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

• (i) the claimant is in receipt of armed forces independence payment, attendance allowance , pension age disability payment, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act , the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 , the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations , the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order or the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;

• (ii) his partner is also in receipt of such an allowance or payment or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of such an allowance or payment, and

• (iii) subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing,

and either a person is entitled to and in receipt of a carer’s allowance , carer support payment or has an award of universal credit which includes the carer element in respect of caring for only one of a couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance or payment or has such an award of universal credit in respect of caring for either member of a couple or any partner of a polygamous marriage.

• (3) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 13(1)(a)(v) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.

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

• (a) a person receiving armed forces independence payment, attendance allowance , pension age disability payment, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act , the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 , the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations , the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order or the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;

• (b) a person who is severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 13(1)(a)(v) and (2).

• (5) For the purposes of sub-paragraph (2)(b) a person shall be treated—

• (a) as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act, if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

• (b) as being entitled to and in receipt of a carer’s allowance , carer support payment or having an award of universal credit which includes the carer element if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt or have such an award of universal credit.

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

• (d) as being in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022, if he would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt

• (e) as being in receipt of pension age disability payment if that person would, but for regulation 20 of the Disability Assistance for Older People (Scotland) Regulations 2024 (effect of admission to hospital on ongoing entitlement to pension age disability payment) be so in receipt.

• (f) as being in receipt of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, if that person would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of those Regulations, be so in receipt.

• (6) For the purposes of sub-paragraph (2)(a)(iii) and (b), no account shall be taken of an award of carer’s allowance , carer support payment or universal credit which includes the carer element to the extent that payment of such an award is backdated for a period before the date on which the award is first paid.

• (7) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer’s allowance or as having an award of universal credit which includes the carer element shall include references to a person who would have been in receipt of that allowance or had such an award of universal credit but for the application of a restriction under section 5B or 6 of the Fraud Act (loss of benefit provisions).

Enhanced disability premium

15

• (1) Subject to sub-paragraph (2), the condition is that—

• (a) the Department has decided that the claimant has, or is to be treated as having, limited capability for work-related activity; ...

• (aa) armed forces independence payment is payable in respect of—

• (i) the claimant, or

• (ii) a member of the claimant’s family,

who has not attained the qualifying age for state pension credit; or

• (b) the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations made under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation be payable at the highest rate prescribed under section 72(3) of the Act in respect of—

• (i) the claimant, or

• (ii) a member of the claimant’s family,

who has not attained the qualifying age for state pension credit; or

• (ba) the care component of child disability payment is payable at the highest rate in accordance with regulation 11(5) of the DACYP Regulations in respect of—

• (i) the claimant; or

• (ii) a member of the claimant’s family; or

• (bb) the highest rate of the care component of Scottish adult disability living allowance is payable, or has ceased to be payable by virtue of 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 in respect of—

• (i) the claimant, or

• (ii) a member of the claimant's family,

who has not attained the qualifying age for state pension credit, or

• (c) the enhanced rate of the daily living component of personal independence payment is payable, or has ceased to be payable by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients), in respect of—

• (i) the claimant, or

• (ii) a member of the claimant’s family,

who has not attained the qualifying age for state pension credit. ; or

• (d) the enhanced rate of the daily living component of adult disability payment is payable, or has ceased to be payable by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 in respect of—

• (i) the claimant; or

• (ii) a member of the claimant’s family,

who has not attained the qualifying age for state pension credit

• (1A) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant or the claimant’s partner is entitled to child benefit in respect of that person under section 141A of the Act (entitlement after death of child or qualifying young person).

• (2) The condition is not satisfied if the person to whom sub-paragraph (1) refers is —

• (a) a claimant who—

• (i) is not a member of a couple or a polygamous marriage, and

• (ii) is a patient within the meaning of regulation 25(11)(e) and has been for a period of more than 52 weeks; or

• (b) a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 25(11)(e) and has been for a period of more than 52 weeks.

Disabled child premium

16

The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household—

• (za) is a young person who is in receipt of armed forces independence payment;

• (a) is in receipt of disability living allowance or is no longer in receipt of such allowance because he is a patient, provided that the child or young person continues to be a member of the family;

• (aa) is in receipt of child disability payment; or

• (ab) is a young person who is in receipt of Scottish adult disability living allowance or who would, but for payment ceasing by virtue of 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 be so in receipt, provided that the young person continues to be a member of the family; or

• (b) is severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 13; ...

• (c) is a child or young person in respect of whom section 141A of the Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death; ...

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

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

Carer premium

17

• (1) The condition is that the claimant or his partner is, or both of them are, entitled to a carer’s allowance under section 70 of the Act or carer support payment.

• (2) Subject to sub-paragraph (5), where a carer premium is awarded but—

• (a) the person in respect of whose care the carer’s allowance or carer support payment has been awarded dies; or

• (b) in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled to a carer’s allowance or carer support payment,

the condition for the award of the premium shall be treated as satisfied for a period of 8 weeks from the relevant date specified in sub-paragraph (3).

• (3) The relevant date for the purposes of sub-paragraph (2) shall be—

• (a) where sub-paragraph (2)(a) applies, the Sunday following the death of the person in respect of whose care a carer’s allowance or carer support payment has been awarded or the date of death if the death occurred on a Sunday;

• (b) in any other case, the date on which the person who has been entitled to a carer’s allowance or carer support payment ceases to be entitled to that allowance or payment.

• (4) Subject to sub-paragraph (5), where a person who has been entitled to a carer’s allowance or carer support payment ceases to be entitled to that allowance or payment and makes a claim for housing benefit, the condition for the award of the carer premium shall be treated as satisfied for a period of 8 weeks from the date on which—

• (a) the person in respect of whose care the carer’s allowance or carer support payment has been awarded dies;

• (b) in any other case, the person who has been entitled to a carer’s allowance or carer support payment ceased to be entitled to that allowance or payment.

• (5) For the purposes of sub-paragraphs (2)(a) and (4)(a), where the relevant premium has been awarded as a result of the claimant or the claimant’s partner being entitled to carer support payment, and the death occurred on or after 15th March 2026, the references to “8 weeks” are to be read as “12 weeks”.

Persons in receipt of concessionary payments

18

For the purpose of determining whether a premium is applicable to a person under paragraphs 13 to 17, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

Person in receipt of benefit

19

For the purposes of this Part, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.

PART IV — Amounts of premiums specified in Part III

20

—

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5 — 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 or, had the employment been in Northern Ireland, would have been so engaged—

• (a) where—

• (i) the employment has been terminated because of retirement, and

• (ii) on retirement he is entitled to a retirement pension under the Act, or is not so entitled solely because of his failure to satisfy the contribution conditions,

any earnings paid or due to be paid in respect of that employment, but only for a period commencing on the day immediately after the date on which the employment was terminated;

• (aa) where—

• (i) the employment has been terminated because of retirement; and

• (ii) on retirement he is entitled to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015, or is not so entitled solely because he does not have the minimum number of qualifying years,

any earnings paid or due to be paid in respect of that employment, but only for a period commencing on the day immediately after the date the employment was terminated;

• (b) where before the first day of entitlement to housing benefit the employment has been terminated otherwise than because of retirement, any earnings paid or due to be paid in respect of that employment except—

• (i) any payment of the nature described in—

• (aa) regulation 32(1)(e), or

• (bb) Article 60, 96 or 100 of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments, suspension from work on medical or maternity grounds); and

• (ii) any award, sum or payment of the nature described in—

• (aa) regulation 32(1)(g), (h), or (j) (in so far as it relates to regulation 32(1)(g) or (h)), or

• (bb) Article 66 or 102 of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments and suspension from work: complaints to industrial tribunals),

including any payment made following the settlement of a complaint to an industrial tribunal or of court proceedings;

• (c) where before the first day of entitlement to housing benefit—

• (i) the employment had not been terminated, but

• (ii) the claimant is not engaged in remunerative work,

any earnings paid or due to be paid in respect of that employment except any payment or remuneration of the nature described in paragraph 1(b)(i) or (ii)(bb) or regulation 32(1)(i) or (j) in so far as it relates to regulation 32(1)(i)) or (k).

2

In the case of a claimant who, before the first day of entitlement to housing benefit—

• (a) has been engaged in part-time employment as an employed earner or, where the employment has been outside Northern Ireland, would have been so engaged had the employment been in Northern Ireland; and

• (b) has ceased to be engaged in that employment, whether or not that employment has been terminated,

any earnings paid or due to be paid in respect of that employment except—

• (i) where that employment has been terminated, any payment of the nature described in paragraph 1(b)(i) or (ii)(bb) ;

• (ii) where that employment has not been terminated, any payment or remuneration of the nature described in paragraph 1(b)(i) or (ii)(bb) or regulation 32(1)(i) or (j) in so far as it relates to regulation 32(1)(i)) or (k).

3

• (1) In a case to which this paragraph applies and paragraph 4 does not apply, £20; but notwithstanding regulation 22 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 £20.

• (2) This paragraph applies where the claimant’s applicable amount includes an amount by way of the disability premium , severe disability premium... or support component under Schedule 4 or where the claimant or the claimant's partner is a member of the work-related activity group.

• (3) This paragraph applies where—

• (a) the claimant is a member of a couple and his applicable amount includes an amount by way of the disability premium under Schedule 4; and

• (b) he or his partner has not attained the qualifying age for state pension credit and at least one is engaged in employment.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In a case where the claimant is a lone parent, £25.

5

• (1) In a case to which neither paragraph 3 nor paragraph 4 applies to the claimant, and subject to sub-paragraph (2), where the claimant’s applicable amount includes an amount by way of the carer premium under Schedule 4, £20 of the earnings of the person who is, or at any time in the preceding 8 weeks was, in receipt of carer’s allowance or carer support payment or treated in accordance with paragraph 17(2) of that Schedule as being in receipt of carer’s allowance or carer support payment.

• (2) Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed £20 of the aggregated amount.

6

Where the carer premium is awarded in respect of a claimant who is a member of a couple and whose earnings are less than £20, but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment—

• (a) specified in paragraph 8(1), so much of the other member’s earnings as would not when aggregated with the amount disregarded under paragraph 5 exceed £20;

• (b) other than one specified in paragraph 8(1), so much of the other member’s earnings from such other employment up to £10 as would not when aggregated with the amount disregarded under paragraph 5 exceed £20.

7

In a case where paragraphs 3, 5, 6 and 8 do not apply to the claimant and he is one of a couple and a member of that couple is in employment, £10; but, notwithstanding regulation 22, 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 £10.

8

• (1) In a case where paragraphs 3, 4, 5 and 6 do not apply to the claimant, £20 of earnings derived from one or more employments as—

• (a) a part-time fire and rescue officer employed by the Northern Ireland Fire and Rescue Service Board established under Article 3 of the Fire and Rescue Services (Northern Ireland) Order 2006[^f00171];

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

• (c) a person engaged part-time in the manning or launching of a lifeboat;

• (d) a member of any territorial or reserve force prescribed in Part I of Schedule 6 to the Social Security (Contributions) Regulations 2001[^f00172];

• (e) a person in the army whose service is restricted to part-time service in Northern Ireland pursuant to section 1 of the Army Act 1992[^f00173], regulations made under section 2 of the Armed Forces Act 1966[^f00174], or the terms of his commission;

• (f) a part-time member of the Police Service of Northern Ireland Reserve appointed under section 37 of the Police (Northern Ireland) Act 2000[^f00175] or a part-time police reserve trainee appointed under section 40 of that Act,

but, notwithstanding regulation 22, 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 £20;

• (b) other than one specified in sub-paragraph (1), so much of his earnings from that employment up to £10 as would not in aggregate with the claimant’s earnings disregarded under this paragraph exceed £20.

9

Where the claimant is engaged in one or more employments specified in paragraph 8(1), but his earnings derived from such employments are less than £20 in any week and he is also engaged in any other employment so much of his earnings from that other employment, up to £5 if he is a single claimant, or up to £10 if he has a partner, as would not in aggregate with the amount of his earnings disregarded under paragraph 8 exceed £20.

10

In a case to which none of the paragraphs 3 to 9 applies, £5.

11

Any amount or the balance of any amount which would fall to be disregarded under paragraph 20 or 21 of Schedule 6 had the claimant’s income which does not consist of earnings been sufficient to entitle him to the full disregard thereunder.

12

Where a claimant is on universal credit, income support , an income-based jobseeker’s allowance or an income-related employment and support allowance, his earnings.

13

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.

14

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.

15

Any earnings of a child or young person.

16

In this Schedule “part-time employment” means employment in which the person is engaged on average for less than 16 hours a week.

17

• (1) In a case where the claimant is a person who satisfies at least one of the conditions set out in sub-paragraph (2), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (3), the amount of his earnings that falls to be disregarded under paragraphs 3 to 10A of this Schedule shall be increased by £17∙10 £37.10.

• (2) The conditions of this sub-paragraph are that—

• (a) the claimant, or if he is a member of a couple, either the claimant or his partner, is a person to whom regulation 20(1)(c) of the Working Tax Credit Regulations applies;

• (b) the claimant—

• (i) is, or if he is a member of a couple, at least one member of that couple is, aged at least 25 and is engaged in remunerative work for on average not less than 30 hours per week;

• (ii) is a member of a couple and—

• (aa) at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week; and

• (bb) his family includes at least one child or young person;

• (iii) is a lone parent who is engaged in remunerative work for on average not less than 16 hours per week, or

• (iv) not being a member of a couple, is engaged in remunerative work for on average not less than 16 hours per week and—

• (aa) the claimant’s applicable amount includes a disability premium under paragraph 12 or the support component under paragraph 24 of Schedule 4, or

• (bb) the claimant is a member of the work-related activity group, or

• (v) is a member of a couple and at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week and that member of the couple—

• (aa) satisfies the qualifying conditions for the disability premium or the support component under paragraph 24 of Schedule 4, or

• (bb) is a member of the work-related activity group.

• (c) the claimant is, or if he has a partner, one of them is, a person to whom regulation 18(3) of the Working Tax Credit Regulations (eligibility for 50 plus element) applies, or would apply if an application for working tax credit were to be made in his case.

• (3) The following are the amounts referred to in sub-paragraph (1)—

• (a) the amount to be disregarded from the claimant’s earnings under paragraphs 3 to 10A of this Schedule;

• (b) the amount of child care charges calculated as deductible under regulation 24(1)(c); and

• (c) £17∙10 £37.10.

• (4) The provisions of regulation 6 shall apply in determining whether or not a person works for on average not less than 30 hours per week, but as if the reference to 16 hours in paragraph (1) of that regulation were a reference to 30 hours.

SCHEDULE 6 — Sums to be disregarded in the calculation of income other than earnings

1

Any amount paid by way of tax on income which is to be taken into account under regulation37.

2

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

• (a) engaged by a charitable or voluntary organisation; 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 39(9).

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

Where a claimant is on universal credit, income support , an income-based jobseeker’s allowance or an income-related employment and support allowance, the whole of his income.

5

Where the claimant is a member of a joint-claim couple for the purposes of the Jobseekers Order and his partner is on an income-based jobseeker’s allowance, the whole of the claimant’s income.

6

In the case of housing benefit which was in the form of a rate rebate only, where the claimant, or the person who was the partner of the claimant on 31st March 2003, was entitled on that date to income support or an income-based jobseeker’s allowance but ceased to be so entitled on or before 5th April 2003 by virtue only of regulation 12 of the Housing Benefit (General) (Amendment No. 3) Regulations (Northern Ireland) 1999[^f00176] as in operation at that date, the whole of his income.

7

Any armed forces independence payment , disability living allowance or personal independence payment.

8

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

• (a) any payment specified in paragraph 7 or 10;

• (b) income support;

• (c) an income-based jobseeker’s allowance.

• (d) an income-related employment and support allowance.

• (e) universal credit.

9

Any mobility supplement under article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006[^f00177] (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983[^f00178] or any payment intended to compensate for the non-payment of such a supplement.

10

Any attendance allowance.

11

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

12

• (1) Any payment by way of an education maintenance allowance made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986[^f00179] or a payment corresponding to such an education maintenance allowance made pursuant to section 3 of the Employment and Training Act (Northern Ireland) 1950.

• (2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986, in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).

13

• (1) Any payment made pursuant to section 1 or 3 of the 1950 Act except—

• (a) a payment made as a substitute for income support, a jobseeker’s allowance, incapacity benefit , severe disablement allowance or employment and support allowance;

• (b) a payment of an allowance referred to in section 1(1B) of the 1950 Act;

• (c) a payment intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects; or

• (d) for the purpose only of assessing entitlement to housing benefit in respect of a dwelling other than the one which the claimant normally occupies as his home, a payment made to a person to whom regulation 7(6)(b) applies to the extent that the payment is made in respect of the cost of living away from home.

• (2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent or rates of the claimant or, where the claimant is a member of a family, any other member of his family , or is used for any water charges for which that claimant or member is liable.

• (3) For the purposes of this paragraph “rent or rates” means eligible rent or rates less any deductions in respect of non-dependants which fall to be made under regulation 72.

14

• (1) Subject to sub-paragraph (2), any of the following payments—

• (a) a charitable payment;

• (b) a voluntary payment;

• (c) a payment (not falling within head (a) or (b)) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant;

• (d) a payment under an annuity purchased—

• (i) pursuant to any agreement or court order to make payments to the claimant, or

• (ii) from funds derived from a payment made,

in consequence of any personal injury to the claimant; or

• (e) a payment (not falling within head (a) to (d)) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant.

• (2) Sub-paragraph (1) shall not apply to a maintenance payment which is made or due to be made by—

• (a) a former partner of the claimant, or a former partner of any member of the claimant’s family; or

• (b) the parent of a child or young person where that child or young person is a member of the claimant’s family.

15

Any of the following, namely—

• (a) a war disablement pension;

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

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

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

• (ii) the Army Pensions Warrant 1977;

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

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

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

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

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

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

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

• (ii) the Army Pensions Warrant 1977;

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

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

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

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

• (c) a pension payable to a person as a widow, widower or surviving civil partner under ... any power of Her Majesty otherwise than under any statutory provision, to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

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

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

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

16

subject to paragraph 35, £10 of a pension paid by a government to victims of National Socialist persecution.

17

Subject to paragraph 35, £15 of any—

• (a) widowed mother’s allowance paid pursuant to section 37 of the Act;

• (b) widowed parent’s allowance paid pursuant to section 39A of the Act[^f00183].

18

• (1) Any income derived from capital to which the claimant is or is treated under regulation 48 as beneficially entitled but, subject to sub-paragraphs (2) and (3), not income derived from capital disregarded under paragraphs 1, 2, 4, 8, 14 or 26 to 29 of Schedule 7.

• (2) Income derived from capital disregarded under paragraphs 2, 4 or 26 to 29 of Schedule 7 but only to the extent of—

• (a) any mortgage repayments made in respect of the premises or land in the period during which that income accrued; or

• (b) any rates or water charges which the claimant is liable to pay in respect of the premises or land and which are paid in the period during which that income accrued.

• (3) Where income is derived from conacre or agistment letting any expenses reasonably incurred thereon including the repayment of interest and capital on any loan used for the purchase of land under the Northern Ireland Land Act 1925[^f00184].

• (4) The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.

19

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

20

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

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

• (b) the student’s student loan,

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

21

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

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

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

and the claimant makes payments by way of a contribution towards the student’s maintenance, other than a parental contribution falling within paragraph 20, an amount specified in sub-paragraph (2) in respect of each week during the student’s term.

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

• (a) the weekly amount of the payments; or

• (b) the amount by way of a personal allowance for a single claimant under 25 less the weekly amount of any award referred to in sub-paragraph (1)(b),

whichever is less.

22

Any payment made to the claimant by a child or young person or a non-dependant.

23

Where the claimant occupies a dwelling as his home and the dwelling is also occupied by a person other than one to whom paragraph 22 or 44 refers and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family—

• (a) where the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family, is less than £20, the whole of that amount; or

• (b) where the aggregate of any such payments is £20 or more per week, £20.

24

• (1) Any income in kind, except where regulation 37(8)(b) applies.

• (2) The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.

25

Any income which is 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 that income.

26

• (1) Any payment made to the claimant in respect of a person who is a member of his family—

• (a) in accordance with regulations made under Article 59A of the Adoption (Northern Ireland) Order 1987[^f00186] (permitted allowances);

• (b) which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);

• (c) pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002[^f00187] or in accordance with a scheme approved by the Scottish Ministers under section 51A of the Adoption (Scotland) Act 1978[^f00188] (schemes for payments of allowances to adopters) or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes);

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (da) “which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order) or in Scotland section 50 of the Children Act 1975 (payments towards maintenance of children);

• (e) in accordance with regulations made pursuant to section 14F of the Children Act 1989[^f00191] (special guardianship support services),

....

• (2) Any payment, other than a payment to which sub-paragraph (1)(c) applies, made pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

Any payment made by—

• (a) an authority, as defined in Article 2 of the Children Order, to a person who is caring for a child by virtue of arrangements made under Article 27(2)(a) of that Order (provision of accommodation and maintenance by an authority for children whom it is looking after) or by a voluntary organisation under Article 75(1)(a) of that Order (provision of accommodation by voluntary organisations); or

• (b) a juvenile justice centre, within the meaning of Article 51(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998[^f00192], under Article 43(2) of that Order to a person who is caring for a child and with whom that child is in the charge of under paragraph 4 of Schedule 2 to that Order.

28

Any payment made to the claimant or his partner for a person (“the person concerned”), who is not normally a member of the claimant’s household but is temporarily in his care, by—

• (a) a Health and Social Services Board or HSS trust;

• (b) a voluntary organisation;

• (c) the person concerned pursuant to Article 36(7) of the Health and Personal Social Services Order[^f00193]; or

• (d) a juvenile justice centre within the meaning of Article 51(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998.

29

Any payment made by an authority, as defined in Article 2 of the Children Order, in accordance with Article 18, 34C, 34D or 35A of that Order[^f00194] (general duty of an authority to promote the welfare of children and powers to grant financial assistance to persons looked after or in, or formerly in, its care).

30

• (1) Subject to sub-paragraph (2), any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments—

• (a) on a loan which is secured on the dwelling which the claimant occupies as his home; or

• (b) under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974[^f00195] or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part VI of the Hire-Purchase Act (Northern Ireland) 1966[^f00196].

• (2) A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to—

• (a) maintain the repayments referred to in sub-paragraph (1)(a) or, as the case may be, (b); and

• (b) meet any amount due by way of premiums on—

• (i) that policy, or

• (ii) in a case to which sub-paragraph (1)(a) applies, an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home and which is required as a condition of the loan referred to in sub-paragraph (1)(a).

31

Any payment of income which by virtue of regulation 43 is to be treated as capital.

32

Any social fund payment made pursuant to Part VIII of the Act.

33

Any payment under Part X of the Act (Christmas bonus for pensioners).

34

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.

35

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 22(2) to be disregarded under regulations 57(2)(b), 58(1)(d), 61(2) and 63(3) and paragraphs 16 and 17 shall in no case exceed £20 per week.

36

Any payment made under the legislation of, or under a scheme operating in, the Republic of Ireland which is analogous to any income to which this Schedule relates.

37

• (1) Any payment made under or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts”), the Fund, the Eileen Trust , MFET Limited , the Skipton Fund, the Caxton Foundation , the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust or the Independent Living Fund (2006).

• (1A) Any—

• (a) Grenfell Tower payment;

• (b) child abuse payment;

• (c) Windrush payment;

• (d) Post Office compensation payment;

• (e) LGBT Financial Recognition Scheme payment ;

• (f) miscarriage of justice compensation payment.

• (2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment,, and which is made to or for the benefit of—

• (a) that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person’s death;

• (b) any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or

• (c) any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, and which is made to or for the benefit of—

• (a) the person who is suffering from haemophilia or who is a qualifying person;

• (b) any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or

• (c) any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment,, where—

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

• (b) the payment is made either—

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

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

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

• (5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment,, where—

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

• (b) the payment is made either—

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

• (ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,

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

• (6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any income which derives from any payment of income or capital made under or deriving from any of the Trusts or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment.

• (7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund, the Eileen Trust , MFET Limited, the Skipton Fund , the Caxton Foundation , the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust and the London Bombings Relief Charitable Fund.

38

Any payment made under arrangements made by the Department to compensate for the loss (in whole or in part) of entitlement to housing benefit.

39

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

40

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

41

Any payment to a juror or witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.

42

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

43

Any payment in consequence of a reduction of council tax under section 13 or ... section 80 of the Local Government Finance Act 1992[^f00199] (reduction of liability for council tax) or reduction of liability for rates under Article 30A of the Rates (Northern Ireland) Order 1977 (rate relief in respect of dwellings).

44

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

• (a) where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100 per cent. of such payments; or

• (b) where the aggregate of any such payments exceeds £20.00, £20.00 and 50 per cent. of the excess over £20.00.

• (2) In this paragraph “board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises.

45

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

46

• (1) Any payment or repayment made under regulation 5, 6 or 11 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004[^f00204] (entitlement to full remission and payment, entitlement to partial remission and payment, or repayment).

• (2) Any payment or repayment made by the Department of Health, Social Services and Public Safety which is analogous to a payment or repayment mentioned in sub-paragraph (1).

47

Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to Article 13 of the Social Security (Northern Ireland) Order 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins).

48

Any payment made under a scheme established by the Northern Ireland Office to assist relatives and other persons to visit persons in custody.

49

• (1) Where a claimant’s family includes at least one child or young person, £15 of any payment of maintenance, other than child maintenance, whether under a court order or not, which is made or due to be made by the claimant’s former partner, or the claimant’s partner’s former partner.

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

• (3) A payment made by the Department in lieu of maintenance shall, for the purposes of sub-paragraph (1), be treated as a payment of maintenance made by a person specified in sub-paragraph (1).

50

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

51

Any payment (other than a training allowance) made, whether by the Department for Employment and Learning or any other person, under the Disabled Persons (Employment) Act (Northern Ireland) 1945[^f00206] to assist disabled persons to obtain or retain employment despite their disability.

52

Any guardian’s allowance.

53

Any council tax benefit.

54

• (1) If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Act, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of that Act, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

• (2) If the claimant is in receipt of any pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

55

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

56

In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983[^f00208] (pensions to widows, widowers or surviving civil partners), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.

57

• (1) Any payment which is—

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

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

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

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

• (2) In this paragraph “the Dispensing Instruments”[^f00209] means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances).

58

Except in a case which falls under sub-paragraph (1) of paragraph 17 of Schedule 5, where the claimant is a person who satisfies any of the conditions of sub-paragraph (2) of that paragraph, any amount of working tax credit up to £17∙10 £37.10.

59

Any payment made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002[^f00210].

60

• (1) Subject to sub-paragraph (2), in respect of a person who is receiving, or who has received, assistance under the self-employment route, any payment to that person—

• (a) to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;

• (b) which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,

in respect of which such assistance is or was received.

• (2) Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account ....

61

• (1) Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

• (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent or rates of the claimant or where the claimant is a member of a family, any other member of his family , or any water charges for which that claimant or member is liable.

• (3) For the purposes of sub-paragraph (2)—

• “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;

• “rent or rates” means eligible rent or rates less any deductions in respect of non-dependants which fall to be made under regulation 72.

62

Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations (Northern Ireland) 2001[^f00211].

63

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

SCHEDULE 7 — Capital to be disregarded

1

The dwelling occupied as the home but, notwithstanding regulation 22, only one dwelling shall be disregarded under this paragraph.

2

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

3

Any sum directly attributable to the proceeds of sale of—

• (a) any premises formerly occupied by the claimant as his home; or

• (b) any premises which the claimant continues to occupy as his home and which were occupied by him as his home immediately before the compulsory acquisition of those premises from him under any statutory provision,

which is to be used for the purchase of other premises or land intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.

4

Any premises occupied in whole or in part as his home by—

• (a) a partner or relative of a single claimant or any member of the family where that person has attained the qualifying age for state pension credit or is incapacitated;

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

5

Where a claimant is on universal credit, income support , an income-based jobseeker’s allowance or an income-related employment and support allowance, the whole of his capital.

6

Where the claimant is a member of a joint-claim couple for the purposes of the Jobseekers Order and his partner is on income-based jobseeker’s allowance, the whole of the claimant’s capital.

7

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

8

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

• (2) The assets of any business owned in whole or in part by the claimant where—

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

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

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

• (3) In the case of a person who is receiving assistance under the self-employment route, the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.

• (4) In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

9

• (1) Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—

• (a) any payment specified in paragraphs 7, 9, 10, 69 , 70, 72 or 73 of Schedule 6;

• (b) an income-related benefit under Part VII of the Act;

• (c) an income-based jobseeker’s allowance;

• (d) any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations (Northern Ireland) 2001;

• (e) working tax credit and child tax credit,

• (f) an income-related employment and support allowance,

• (g) universal credit.

• (h) bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015,

• (i) maternity allowance under section 35 of the Act (state maternity allowance for employed or self-employed earner),

• (j) carer support payment, but only that amount 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 Contributions and Benefits Act,

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

• (2) In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as “the relevant sum”) and is—

• (a) paid in order to rectify, or to compensate for—

• (i) an official error as defined in regulation 1(2) of the Decisions and Appeals Regulations, or

• (ii) an error on a point of law; and

• (b) received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum 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 (2), “the award of housing benefit” means—

• (a) the award in which the relevant sum is first received (or the first part thereof where it is paid in more than one instalment); and

• (b) where that award is followed by one or more further awards which, or each of which, begins immediately after the end of the previous award, such further award provided that for that further award the claimant—

• (i) is the person who received the relevant sum, or

• (ii) is the partner of the person who received the relevant sum, or was that person’s partner at the date of his death.

10