The Housing Benefit Regulations (Northern Ireland) 2006

Any sum—

• (a) paid to the claimant in consequence of damage to, or loss of the home or any personal possession and intended for its repair or replacement; or

• (b) acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvement to the home,

which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to effect the repairs, replacement or improvement.

11

Any sum—

• (a) deposited with a housing association as a condition of occupying the home;

• (b) which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as may be reasonable in the circumstances to enable the claimant to complete the purchase.

12

Any personal possessions except those which have been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to housing benefit or to increase the amount of that benefit.

13

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

14

Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant or the claimant’s partner, the value of the trust fund and the value of the right to receive any payment under that trust.

15

• (1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.

• (2) But sub-paragraph (1)—

• (a) applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;

• (b) does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);

• (c) ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

• (d) does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

• (3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

• (4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).

16

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

17

The value of the right to receive any income which is disregarded under paragraph 13 of Schedule 5 or paragraph 25 of Schedule 6.

18

The surrender value of any policy of life insurance.

19

Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.

20

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 (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).

21

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

22

Any refund of tax which falls to be deducted under section 369 of the Taxes Act[^f00216] (deduction of tax from certain loan interest) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements to the home.

23

Any capital which by virtue of regulation 38 or 61 is to be treated as income.

24

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

25

• (1) Any payment made 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 Independent Living Fund (2006), 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 , the Victims of Overseas Terrorism Compensation Scheme or the London Bombings Relief Charitable Fund.

• (1A) Any Grenfell Tower payment , child abuse payment, Windrush payment , a Post Office compensation payment , vaccine damage payment , LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment or any payment made under the Child Migrants Trust (registered charity number 1171479).

• (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.

• (5A) Any payment out of the estate of a person, which derives from a payment to meet the recommendation of the Infected Blood Inquiry in its interim report published on 29th July 2022 made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person, where the payment is made to the person’s son, daughter, step-son or step-daughter.

• (5B) Any payment out of the estate of a person, which derives from a payment made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person as a result of that person having been infected from contaminated blood products.

• (6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts 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 , the Victims of Overseas Terrorism Compensation Scheme or the London Bombings Relief Charitable Fund.

26

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

27

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

28

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

29

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

30

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

31

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

32

The value of the right to receive an occupational or personal pension.

33

The value of any funds held under a personal pension scheme ....

34

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

35

Any payment in kind which is a Grenfell Tower payment , child abuse payment or Windrush payment or is made by a charity or under or by the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund , 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 ... or the Independent Living Fund (2006).

36

Any payment made pursuant to section 1 of the 1950 Act[^f00217], but only for the period of 52 weeks beginning on the date of receipt of the payment.

37

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

38

Any payment in consequence of a reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (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), but only for a period of 52 weeks from the date of the receipt of the payment.

39

Any grant made in Great Britain to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988[^f00218] or section 66 of the Housing (Scotland) Act 1988[^f00219] (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used—

• (a) to purchase premises intended for occupation as his home; or

• (b) to carry out repairs or alterations which are required to render premises fit for occupation as his home,

for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as his home.

40

Any arrears of supplementary pension which is disregarded under paragraph 55 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 55 or 56 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.

41

• (1) Any payment or repayment made under regulation 5, 6 or 11 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004 (entitlement to full remission and payment, entitlement to partial remission and payment, or repayment), but only for a period of 52 weeks from the date of the receipt of the payment or repayment.

• (2) Any payment or repayment by the Department of Health, Social Services and Public Safety which is analogous to a payment or repayment mentioned in sub-paragraph (1), but only for a period of 52 weeks from the date of the receipt of the payment or repayment.

42

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

43

Any payment made under a scheme established by the Northern Ireland Office to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of the receipt of the payment.

44

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 to assist disabled persons to obtain or retain employment despite their disability.

45

• (1) Any sum of capital to which sub-paragraph (2) applies and—

• (a) which is administered on behalf of a person by the High Court under the provisions of Order 80 or 109 of the Rules of the Supreme Court (Northern Ireland) 1980[^f00220] or by a County Court under Order 44 of the County Court Rules (Northern Ireland) 1981[^f00221] or Article 21 of the County Courts (Northern Ireland) Order 1980[^f00222];

• (b) which can only be disposed of by order or direction of any such court; or

• (c) where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.

• (2) This sub-paragraph applies to a sum of capital which is derived from—

• (a) an award of damages for a personal injury to that person; or

• (b) compensation for the death of one or both parents where the person concerned is under the age of 18.

46

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

47

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

48

In the case of a person who is receiving, or who has received, assistance under the self-employment route, any sum of capital which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired.

49

• (1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment 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.

50

• (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[^f00225] 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).

51

Where an ex-gratia payment of £10,000 has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or internment of—

• (a) the claimant;

• (b) the claimant’s partner;

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

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

by the Japanese during the Second World War, £10,000.

52

• (1) Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a member of a claimant’s family who is—

• (a) a diagnosed person;

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

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

• (d) a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death.

• (2) Where a trust payment is made to—

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

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

• (c) a person referred to in sub-paragraph (1)(d), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending—

• (i) 2 years after that date, or

• (ii) on the day before the day on which that person—

• (aa) ceases receiving full-time education; or

• (bb) attains the age of 20,

whichever is the latest.

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

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

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

• (c) a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death,

but only to the extent that such payments do not exceed the total amount of any trust payments made to that person.

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

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

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

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

• (i) 2 years after that date, or

• (ii) on the day before the day on which that person—

• (aa) ceases receiving full-time education; or

• (bb) attains the age of 20,

whichever is the latest.

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

• (a) being the diagnosed person’s partner;

• (b) being a member of a diagnosed person’s family; or

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

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

• (6) In this paragraph—

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

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

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

53

The amount of any payment, other than a war pension ..., to compensate for the fact that the claimant, the claimant’s partner, the claimant’s deceased spouse or deceased civil partner or the claimant’s partner’s deceased spouse or deceased civil partner—

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

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

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

during the Second World War.

54

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.

55

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

56

Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002[^f00227].

57

Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989[^f00228] (special guardianship support services).

58

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

SCHEDULE 8 — Extended payments of housing benefit

PART I — Conditions for an extended payment

1

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

2

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

PART II — Calculation and payment of an extended payment

3

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

Movers

4

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

Movers and rent allowances

5

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

Movers and rent and rate rebates

6

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

Movers and extended payments

7

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

Maximum Housing Benefit

8

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

Movers and rates rebate

9

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

Movers with 2 homes

10

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

PART III — Adjustment of entitlement in respect of an extended payment

11

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

PART IV — Interpretation

12

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

SCHEDULE 9 — Extended payments (severe disablement allowance and incapacity benefit) of housing benefit

Condition for an extended payment (severe disablement allowance and incapacity benefit)

1

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

Calculation and payment of an extended payment (severe disablement allowance and incapacity benefit)

2

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

Movers

3

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

Movers and rent allowances

4

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

Movers and rent and rate rebates

5

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

Movers and extended payments (severe disablement allowance and incapacity benefit)

6

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

Maximum housing benefit

7

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

Movers and rate rebates

8

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

Movers with 2 homes

9

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

Adjustment of entitlement in respect of an extended payment (severe disablement allowance and incapacity benefit)

10

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

Interpretation

11

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

SCHEDULE 10 — Matters to be included in decision notice

PART I — General

1

The statement of matters to be included in any decision notice issued by a relevant authority to a person, and referred to in regulation 86 and in regulation 10 of the Decisions and Appeals Regulations are those matters set out in the following provisions of this Schedule.

2

Every decision notice shall include a statement as to the right of any person affected by that decision to request a written statement under regulation 86(2) and the manner and time in which to do so.

3

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

4

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

5

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

6

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

7

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

8

Where a decision notice is given following a revision of an earlier decision—

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

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

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

PART II — Awards where income support , an income-based jobseeker’s allowance, an income-related employment and support allowance , an extended payment or an extended payment (qualifying contributory benefits) is payable

9

Where a person on income support , an income-based jobseeker’s allowance or an income-related employment and support allowance is awarded housing benefit or a claimant is entitled to an extended payment in accordance with regulation 70 or an extended payment (qualifying contributory benefits) in accordance with regulation 71, the decision notice shall include a statement as to—

• (a) his weekly eligible rates, if any;

• (b) his weekly eligible rent, if any;

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

• (d) the amount of and the category of non-dependant deductions made under regulation 72, if any;

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

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

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

• (h) his duty to notify any change of circumstances which might affect his entitlement to, or the amount of, housing benefit and (without prejudice to the extent of the duty owed under regulation 84) the kind of change of circumstances which is to be notified, either upon the notice or by reference to some other document available to him on application and without charge.

PART III — Awards where no income support , an income-based jobseeker’s allowance or an income-related employment and support allowance is payable

10

Where a person is not on income support , an income-based jobseeker’s allowance or on an income-related employment and support allowance but is awarded housing benefit, the decision notice shall include a statement as to—

• (a) the matters set out in paragraph 9;

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

• (c) his weekly earnings; and

• (d) his weekly income other than earnings.

PART IV — Awards where direct payments made to landlords

11

Where a decision has been made under regulation 92 or 93, the decision notice shall include a statement—

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

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

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

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

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

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

12

In this Schedule, “landlord” has the same meaning as in regulation 92.

PART V — Notice where income of non-dependant is treated as claimant’s

13

Where an authority makes a decision under regulation 23 the decision notice shall contain a statement as to—

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

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

PART VI — Notice where no award is made

14

Where a person is not awarded housing benefit—

• (a) either on grounds of income or because the amount of any housing benefit is less than the minimum housing benefit prescribed by regulation 73, the decision notice shall include a statement as to—

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

• (ii) the matters set out in paragraph 10(b) to (d) where the person is not on income support , an income-based jobseeker’s allowance or an income-related employment and support allowance, and

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

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

PART VII — Notice where recoverable overpayment

15

• (1) Where the appropriate authority makes a decision that there is a recoverable overpayment within the meaning of regulation 97, the decision notice shall include a statement as to—

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

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

• (c) the amount of the recoverable overpayment;

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

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

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

• (2) In a case where it is—

• (a) determined that there is a recoverable overpayment;

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

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

the decision notice sent to that landlord shall identify both—

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

• (ii) claimant A.

PART VIII — Notice following a decision on a work-focused interview

16

• (1) This Part applies in a case where a decision has been made in accordance with regulation 10 of the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003[^f00229] that a person has failed to take part in a work-focused interview.

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

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

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

• (b) the reason entitlement terminated.

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

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

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

• (c) the reason for the reduction.

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

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

• (b) the reason for the new decision.

Signed

SealedwiththeOfficialSealoftheDepartmentforSocialDevelopmenton12thOctober2006

John O’Neill — AseniorofficeroftheDepartmentforSocialDevelopment

TheDepartmentofFinanceandPersonnelherebyconsentstotheforegoingRegulations.

SealedwiththeOfficialSealoftheDepartmentofFinanceandPersonnelon12thOctober2006

Fiona Hamill — AseniorofficeroftheDepartmentofFinanceandPersonnel

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations consolidate existing provisions relating to housing benefit for claimants who have not attained the qualifying age for state pension credit and for those who have attained that age and are receiving, or whose partner is receiving, income support or income-based jobseeker’s allowance. In the case of a woman the qualifying age for state pension credit is pensionable age and in the case of a man it is the age which is pensionable age in the case of a woman born on the same day as the man (section 1(6) of the State Pension Credit Act (Northern Ireland) 2002). Provisions relating to those claimants who have attained the qualifying age for state pension credit other than those who are, or whose partner is, receiving income support or income-based jobseeker’s allowance are contained in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006.

Part I of the Regulations contains general provisions. These Regulations are to be read, where appropriate, with the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (“the Consequential Provisions Regulations”).

Part II makes provision in relation to the circumstances in which a person is or is not to be treated as occupying a dwelling as his home and is or is not to be treated as liable to make payments for a dwelling.

Part III specifies those payments by way of rent or rates which are to be eligible for the payment of housing benefit and for decisions by the Northern Ireland Housing Executive in rent allowance cases.

Part IV specifies the circumstances in which a person is or is not to be treated as responsible for another person and who is to be treated as a member of the same household as a claimant for housing benefit.

Part V and Schedule 4 provide for the calculation of the applicable amount in respect of a person’s entitlement to housing benefit, by reference to which the amount of his benefit is calculated. Provision is made with respect to polygamous marriages.

Part VI provides for the calculation of the income and capital of a claimant for housing benefit, the earnings of employed and self-employed earners, the treatment of income other than earnings including notional income, with the sums to be disregarded set out in Schedules 5 and 6. Calculation of capital is also dealt with, with capital to be disregarded set out in Schedule 7.

Part VII provides for the treatment of students, their entitlement to housing benefit and the calculation of their income.

Part VIII provides for the maximum amount of housing benefit payable and for the housing benefit taper, extended payments and non-dependant deductions.

Part IX contains provisions as to when housing benefit is to begin, together with provisions relating to change of circumstances and the date those changes take effect.

Part X provides for the making, amendment and withdrawal of claims, the evidence and information required in connection with claims and the duty to notify changes of circumstances.

Part XI provides for the determination of questions arising on claims and the notification of decisions by authorities.

Part XII provides for the payment of housing benefit, including to whom payments are to be made and the withholding of benefit.

Part XIII provides for the recovery of overpaid housing benefit, what constitutes a recoverable overpayment and the method of recovery.

Part XIV provides that the Northern Ireland Housing Executive may require certain landlords and their agents to supply relevant information .

These Regulations are to be read, where appropriate, with the Consequential Provisions Regulations, which revoke the Regulations consolidated by these Regulations. The Regulations are made for the purpose only of consolidating other regulations revoked by them and accordingly, by virtue of section 149(3) of, and paragraph 9 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.

Footnotes

[^f00001]: 1992 c. 7; section 129(2) was amended by Article 8(2) of the Housing Support Services (Northern Ireland) Order 2002 (S.I. 2002/3154 (N.I. 8)); in section 133(1) the definition of “family” was amended by paragraph 99(2) of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c.21)

[^f00002]: 1992 c. 8; section 1(1C) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)); in section 5 subsection (1) was amended by Article 3(1) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)) and Article 70 of, and Schedule 7 to, the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and subsection (5) was inserted by Article 3(1) of the Housing Benefit (Payment to Third Parties) (Northern Ireland) Order 1996 (S.I. 1996/2597 (N.I. 20)); section 73 was amended by Article 15 of, and paragraph 2 of Schedule 1 and Schedule 2 to, the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and section 62 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)); section 107 was substituted by Article 56 of the Social Security (Northern Ireland) Order 1998 and amended by paragraph 5 of Schedule 4 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and paragraph 7 of Schedule 6 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; section 119A was inserted by Article 10 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and in section 165 subsection (1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 and subsection (6) was amended by Schedule 7 to the Social Security (Northern Ireland) Order 1998

[^f00003]: S.I. 1998/1506 (N.I. 10); Article 34 was amended by Schedule 9 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and paragraph 30 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and Article 74(1) was amended by paragraph 17(2) of Schedule 4 to the Tax Credits Act 2002

[^f00004]: SeeArticle 8(b) of S.R. 1999 No. 481

[^f00005]: See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993; see also Article 6(b) of S.R. 1999 No. 481

[^f00006]: S.R. 2006 No. 406

[^f00007]: 1950 c. 29 (N.I.)

[^f00008]: S.I. 1995/755 (N.I. 2)

[^f00009]: S.I. 1996/1919 (N.I. 16)

[^f00010]: 2001 c. 17 (N.I.)

[^f00011]: S.I. 1972/1265 (N.I. 14)

[^f00012]: 1999 c. 33

[^f00013]: S.I. 1995/2705 (N.I. 15)

[^f00014]: S.I. 2003/431 (N.I. 9)

[^f00015]: 2002 c. 21

[^f00016]: 1988 c. 1

[^f00017]: Articles 107A and 107B were inserted by Article 3 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I.2))

[^f00019]: S.I. 1983/686; relevant amending Instruments are S.I. 1984/1675 and S.I. 2001/420

[^f00021]: S.R. 2006 No. 407

[^f00022]: S.R. 2001 No. 213

[^f00023]: Section 71 was amended by Article 64(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

[^f00024]: S.R. 1987 No. 461

[^f00025]: S.I. 2005/439

[^f00026]: S.I. 1991/194 (N.I. 1)

[^f00027]: S.I. 1994/429 (N.I. 2)

[^f00028]: S.I. 1992 /1725 (N.I. 15)

[^f00029]: The definition of “an income-based jobseeker’s allowance” was amended by paragraph 3(4)(a) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00030]: S.R. 1987 No. 459

[^f00031]: S.R. 1996 No. 198

[^f00032]: The definition of “a joint-claim jobseeker’s allowance” was inserted by paragraph 3(4)(b) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00034]: Part IX was substituted by Part I of Schedule 4 to the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) and amended by Article 14 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))

[^f00038]: 2002 c. 14 (N.I.)

[^f00039]: 1993 c. 39

[^f00040]: SeeArticle 4(b) of S.R. 1999 No. 481 and section 1 of the Department for Employment and Learning Act (Northern Ireland) 2001 (c. 15 (N.I.))

[^f00041]: 1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

[^f00048]: S.I. 2002/2005

[^f00049]: Section 6 was amended by Schedule 6 to the Tax Credits Act 2002 and paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 and section 8 was amended by paragraph 34 of that Schedule

[^f00050]: 1954 c. 33 (N.I.)

[^f00051]: Subsection (1A) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997

[^f00052]: S.I. 1986/595 (N.I. 4)

[^f00053]: 1953 c. 18 (N.I.)

[^f00054]: See, for regulation 10A and Schedule A1, paragraph 2(1) and (2) of Schedule 4 to S.R. 2006 No. 407

[^f00062]: The definition of “family” was amended by paragraph 99(2) of Schedule 24 to the Civil Partnership Act 2004 (c. 33)

[^f00063]: Section 138 was substituted by section 2(2) of the Child Benefit Act 2005 (c. 6); see also regulation 2 of S.I. 2006/223

[^f00064]: 2002 c. 11 (N.I.)

[^f00065]: Section 141A was inserted by section 55 of the Tax Credits Act 2002 (c. 21) and amended by paragraph 101 of Schedule 24 to the Civil Partnership Act 2004 and paragraph 38 of Schedule 1 to the Child Benefit Act 2005

[^f00066]: S.R. 1989 No. 253

[^f00067]: 1955 c. 18

[^f00068]: 1955 c. 19

[^f00069]: 1957 c. 53

[^f00070]: 1968 c. 34 (N.I.)

[^f00071]: S.I. 1977/1250 (N.I. 17)

[^f00072]: S.I. 1978/1045 (N.I. 15)

[^f00073]: S.I. 1980/563 (N.I. 5)

[^f00074]: S.I. 1987/2203 (N.I. 22)

[^f00075]: See, for Schedule A1, paragraph 2(2) of Schedule 4 to S.R. 2006 No. 407

[^f00076]: Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and amended by Article 61 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and paragraph 68 of Schedule 24 to the Civil Partnership Act 2004; section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and amended by paragraphs 14(b) and 18(3) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)), paragraph 21 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999, Schedule 6 to the Tax Credits Act 2002 and paragraph 69 of Schedule 24 to the Civil Partnership Act 2004; section 30C was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and amended by paragraph 37 of Schedule 3 to the Tax Credits Act 2002; section 30D was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994; section 30DD was inserted by Article 60 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and section 30E was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

[^f00077]: Regulation 4ZA was inserted by regulation 4 of S.R. 1996 No. 199 and amended by regulation 5(2) of S.R. 1997 No. 412, regulation 5(3) of S.R. 2000 No. 71 and the Schedule to S.R. 2000 No. 241 and Schedule 1B was inserted by Schedule 1 to S.R. 1996 No. 199 and paragraph 14 was amended by regulation 2 of S.R. 2002 No. 332

[^f00078]: S.R. 1975 No. 113; regulation 8B was inserted by regulation 2(6) of S.R. 1996 No. 430 and amended by regulation 3 of S.R. 2000 No. 404 and regulation 2(2) of S.R. 2003 No. 151

[^f00079]: S.I. 1999/3110

[^f00080]: S.I. 1986/594 (N.I. 3)

[^f00081]: Part XIIA, which includes section 167E, was inserted by Articles 7 and 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994; section 167E was amended by paragraph 57 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

[^f00082]: In Schedule 4 paragraph 2 was substituted by Article 4(2) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

[^f00083]: Section 64 was amended by Article 63(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00084]: Section 68 was amended by Article 11 of, and paragraph 18 of Schedule 1 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and regulation 2(2) of S.R. 1994 No. 370 and repealed by Schedule 10 to the Welfare Reform and Pensions (Northern Ireland) Order 1999, subject to savings in Article 4 of S.R. 2000 No. 332 (C. 14)

[^f00085]: S.R. 2005 No. 580

[^f00086]: See Article 3(6) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1))

[^f00087]: 1977 c. 49

[^f00088]: 1978 c. 29

[^f00090]: Section 167ZL was inserted by Article 6 of the Employment (Northern Ireland) Order 2002

[^f00091]: Schedule 1B was inserted by Schedule 1 to S.R. 1996 No. 199; paragraph 14B was inserted by regulation 2(5) of S.R. 2002 No. 363 and amended by paragraph 19 of Schedule 1 to S.R. 2003 No. 195 and regulation 2(3) of S.R. 2003 No. 338

[^f00092]: Article 146(4) was amended by paragraph 10 of Schedule 1 to the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8)), Schedule 9 to the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) and paragraph 2(6) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15)) and Article 151(3) was amended by paragraph 11 of Schedule 1 to the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998, Article 32(2) of, and Schedule 9 to, the Employment Relations (Northern Ireland) Order 1999 and paragraph 2(6) of Schedule 5 to the Employment (Northern Ireland) Order 2003

[^f00093]: Section 112 was amended by Schedule 1 to the Employment Rights (Northern Ireland) Order 1996 and paragraph 21 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

[^f00094]: S.I. 2001/1004

[^f00098]: S R. 1975 No. 108

[^f00099]: 1925 c. 34

[^f00101]: 1994 c. 21

[^f00102]: Regulation 75 was substituted by regulation 8 of S.R. 1997 No. 541 and paragraph (1) was amended by regulation 8 of S.R. 1998 No. 198, regulation 2(4) of S.R. 2000 No. 197, paragraph 32(a) and (b) of Schedule 2 to S.R. 2000 No. 350, regulation 5(a) of S.R. 2001 No. 151 and regulation 2(4) of S.R. 2002 No. 275

[^f00103]: Regulation 17A was inserted by regulation 4 of S.R. 1998 No. 198

[^f00104]: 1980 c. 46

[^f00106]: Regulation 51(1) was amended by regulation 3 of S.R. 1990 No. 346

[^f00107]: Regulation 113 was amended by S.R. 1997 No. 412, S.R. 1998 No. 326, S.R. 1999 No. 391, S.R. 2000 No. 350, S.R. 2001 No. 151, S.R. 2002 Nos. 128 and 132, S.R. 2003 No. 195, S.R. 2004 No. 389 and S.R. 2005 Nos. 98 and 424

[^f00108]: The definition of “benefit week” was amended by regulation 2(a) of S.R. 1988 No. 318

[^f00109]: The definition of “benefit week” was amended by regulation 2(2) of S.R. 1996 No. 358 and regulation 2(2)(a) of S.R. 1996 No. 503

[^f00110]: S.R. 2005 No. 458

[^f00111]: S.I. 1993/2810 (N.I. 12)

[^f00112]: S.I. 1997/1772 (N.I. 15)

[^f00113]: 1992 c. 13

[^f00114]: 1980 c. 44; the functions of the Secretary of State were transferred to Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46)

[^f00115]: 2000 c. 21

[^f00117]: S.I. 1986/594 (N.I. 3)

[^f00118]: 1996 c. 56

[^f00119]: 1973 c. 65

[^f00120]: 1965 c. 4

[^f00124]: S.R. 2003 No. 459

[^f00125]: The relevant leaflets are SAS2 and SAS4

[^f00126]: S.I. 1998/1760 (N.I. 14)

[^f00127]: 1998 c. 30

[^f00129]: Section 167E was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and amended by paragraph 57 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

[^f00130]: Part XIIA was inserted by Articles 7 and 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

[^f00131]: S.I. 1998/1504 (N.I. 9)

[^f00134]: 1962 c. 12

[^f00137]: S.I. 1986/595 (N.I. 4)

[^f00138]: Section 132 was amended by paragraph 41 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49)

[^f00139]: 1971 c. 33 (N.I.)

[^f00140]: S.I. 1987/1627 (N.I. 16)

[^f00141]: See, for Schedule A1, paragraph 2(2) of Schedule 4 to S.R. 2006 No. 407

[^f00142]: 2000 c. 4 (N.I.)

[^f00143]: 1955 c. 24 (N.I.)

[^f00144]: Section 73(3) was substituted by section 62 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))

[^f00145]: Section 105A was inserted by Article 12 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)) and amended by paragraph 5 of Schedule 6 and Part V of Schedule 9 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and section 15(1) of the Social Security Fraud Act (Northern Ireland) 2001 (c. 17 (N.I.))

[^f00146]: Section 106(1) was amended by paragraph 3(2) of Schedule 1 to the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and paragraph 6 of Schedule 6 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

[^f00147]: Section 109A was inserted by Article 14 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and amended by section 13 of the Social Security Fraud Act (Northern Ireland) 2001

[^f00148]: S.I. 1989/1341 (N.I. 12)

[^f00149]: O.J. No. L149, 5.7.71, p.2; Regulation No. 1408/71 was restated in amended form in Regulation No. 118/97 (O.J. No. L28, 30.1.97, p.1)

[^f00150]: Cm 4904

[^f00151]: Subsections (5) and (7) were added by Article 15 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997

[^f00152]: Section 119A was inserted by Article 10 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997

[^f00153]: 1964 c. 33 (N.I.)

[^f00154]: S.I. 1986/1032 (N.I. 6)

[^f00158]: S.I. 1983/1118 (N.I. 15)

[^f00160]: S.I. 1981/156 (N.I. 3)

[^f00161]: S.R. 1979 No. 242

[^f00162]: 1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

[^f00163]: Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

[^f00167]: Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

[^f00168]: Section 3 was amended by Part I of Schedule 4 to the Social Security (Northern Ireland) Order 1980 (S.I. 1980/870 (N.I. 8)) and paragraph 1 of Schedule 3 to the Industrial Training (Northern Ireland) Order 1984 (S.I. 1984/1159 (N.I. 9))

[^f00169]: Section 70 was amended by regulation 2(3) of S.R. 1994 No. 370 and Article 3 of S.R. 2002 No. 321

[^f00171]: S.I. 2006/1254 (N.I. 9)

[^f00172]: S.I. 2001/1004

[^f00173]: 1992 c. 39

[^f00174]: 1966 c. 45; section 2 was amended by section 2 of the Army Act 1992

[^f00175]: 2000 c. 32

[^f00176]: S.R. 1999 No. 416

[^f00177]: S.I. 2006/606

[^f00178]: S.I. 1983/686; article 25A was inserted by S.I. 1983/1164 and amended by S.I. 1983/1540, S.I. 1986/628, S.I. 1990/1300, S.I. 1991/708, S.I. 1992/702, S.I. 1995/445 and S.I. 2001/420

[^f00179]: S.I. 1986/594 (N.I. 3); Article 50 was amended by the Schedule to the Education (Student Support) (Northern Ireland) Order 1998 (S.I. 1998/1760 (N.I. 14)) and Article 51 was substituted by Part II of Schedule 5 to the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))

[^f00183]: Section 39A was inserted by Article 52(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

[^f00184]: 1925 c. 34

[^f00186]: S.I. 1987/2203 (N.I. 22); Article 59A was inserted by paragraph 164 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

[^f00187]: 2002 c.38

[^f00188]: 1978 c. 28

[^f00191]: Section 14F was inserted by section 115 of the Adoption and Children Act 2002 (c. 38)

[^f00192]: S.I. 1998/1504 (N.I. 9)

[^f00193]: Article 36 was substituted by Article 25 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1))

[^f00194]: Articles 34C and 34D were inserted by section 2(3) of the Children (Leaving Care) Act (Northern Ireland) 2002 (c. 11 (N.I.)) and Article 35A was substituted by section 4 of that Act

[^f00195]: 1974 c. 39

[^f00196]: 1966 c. 42 (N.I.); Part VI was substituted by paragraph 49 of Schedule 4 to the Consumer Credit Act 1974

[^f00199]: 1992 c. 14

[^f00204]: S.R. 2004 No. 91

[^f00206]: 1945 c. 6 (N.I.)

[^f00208]: S.I. 1983/686; Article 27(3) and paragraph 1(c) of Schedule 4 were added by, respectively, articles 2 and 3 of S.I. 1994/2021 and Schedule 4 was substituted by Schedule 3 to S.I. 2006/765

[^f00209]: Copies of the Dispensing Instruments are available from the Department for Social Development, Social Security Policy and Legislation Division, Level 1, James House, 2-4 Cromac Avenue, Gasworks Business Park, Ormeau Road, Belfast BT7 2JA

[^f00210]: 2002 c. 6 (N.I.)

[^f00211]: S.R. 2001 No. 216

[^f00216]: Section 369 was amended by section 58 of the Finance Act 1993 (c. 34), section 81 of the Finance Act 1994 (c. 9) and paragraph 6 of Schedule 18 to the Finance Act 1996 (c. 8)

[^f00217]: Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

[^f00218]: 1988 c. 50

[^f00219]: 1988 c. 43

[^f00220]: S.R. 1980 No. 346; Order 109 was added by S.R. 1986 No. 184

[^f00221]: S.R. 1981 No. 225

[^f00222]: S.I. 1980/397 (N.I. 3)

[^f00225]: S.I. 1986/594 (N.I. 3); Article 50 was amended by the Schedule to the Education (Student Support) (Northern Ireland) Order 1998 (S.I. 1998/1760 (N.I. 14)) and Article 51 was substituted by Part II of Schedule 5 to the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))

[^f00227]: 2002 c. 38

[^f00228]: 1989 c. 41; section 14F was inserted by section 115 of the Adoption and Children Act 2002 (c. 38)

[^f00229]: S.R. 2003 No. 274

Editorial notes

[^key-ef1f8359b17b51b7c7e39c8ddd87fcda]: Reg. 2 in operation at 20.11.2006, see reg. 1(1)

[^key-91bc5acef399c522e110e252f22a1490]: Reg. 4 in operation at 20.11.2006, see reg. 1(1)

[^key-3311074dfc21828d51b713ab49b54c77]: Sch. 6 para. 26 in operation at 20.11.2006, see reg. 1(1)

[^key-22d49d184c9580f854e49c990a2d5d8f]: Sch. 4 para. 14 in operation at 20.11.2006, see reg. 1(1)

[^key-8171745cd0738c6083e09e9616f93b9c]: Reg. 1 in operation at 20.11.2006, see reg. 1(1)

[^key-fe29b17f25300138ce43d56c7f5ff691]: Reg. 3 in operation at 20.11.2006, see reg. 1(1)

[^key-291da1ea8dcc3bda39f519f20079258e]: Reg. 5 in operation at 20.11.2006, see reg. 1(1)

[^key-1a54e0f809ad33626ef2d633a22af059]: Reg. 6 in operation at 20.11.2006, see reg. 1(1)

[^key-edaec8e56b82b3d97c12df58f7c3e854]: Reg. 7 in operation at 20.11.2006, see reg. 1(1)

[^key-f01652ab2a4e58cfc4a2132eea049c31]: Reg. 8 in operation at 20.11.2006, see reg. 1(1)

[^key-f761dd2cb034617b5199bdd65de544da]: Reg. 9 in operation at 20.11.2006, see reg. 1(1)

[^key-78dd3aa9bc4d0c7b0de62021b1224f8c]: Reg. 10 in operation at 20.11.2006, see reg. 1(1)

[^key-8d2f9c3555f6207c1fb3f48fc2ab165e]: Reg. 11 in operation at 20.11.2006, see reg. 1(1)

[^key-3f060129c1d18f8f47a8bb4edcc39022]: Reg. 12 in operation at 20.11.2006, see reg. 1(1)

[^key-7a9af23cb689b55af12764136d03305b]: Reg. 13 in operation at 20.11.2006, see reg. 1(1)

[^key-8962013fd4d2a5b510fa280d497418e0]: Reg. 15 in operation at 20.11.2006, see reg. 1(1)

[^key-c133d57fa096a9a70c2d333f4df9b792]: Reg. 16 in operation at 20.11.2006, see reg. 1(1)

[^key-732f3797c2eef1ae1a077163cfbf025a]: Reg. 17 in operation at 20.11.2006, see reg. 1(1)

[^key-0913812340ea2dd4c58d26c91c25743c]: Reg. 18 in operation at 20.11.2006, see reg. 1(1)

[^key-3eed2d8d2dec1a54a807c72fac46d1c6]: Reg. 19 in operation at 20.11.2006, see reg. 1(1)

[^key-a0985f095f5a16b7fd99ebb2fd6de5fe]: Reg. 20 in operation at 20.11.2006, see reg. 1(1)

[^key-486666c825c3f76491dcd840a129d18d]: Reg. 21 in operation at 20.11.2006, see reg. 1(1)

[^key-f43d097fe1139368c949eec2afdf5f83]: Reg. 22 in operation at 20.11.2006, see reg. 1(1)

[^key-b27ac137b86112b4878d86de16883d91]: Reg. 23 in operation at 20.11.2006, see reg. 1(1)

[^key-3f13cd81b53f953f25a119bae802c993]: Reg. 24 in operation at 20.11.2006, see reg. 1(1)

[^key-0bea0d5f6bcf70e2a81d064ced6242c4]: Reg. 25 in operation at 20.11.2006, see reg. 1(1)

[^key-4a5eeae09b4790514729b02fc294d2c1]: Reg. 26 in operation at 20.11.2006, see reg. 1(1)

[^key-ee7b33499aca60c994196b8f7e07d239]: Reg. 27 in operation at 20.11.2006, see reg. 1(1)

[^key-c1fa5679a87157c3b999c8f974130a00]: Reg. 28 in operation at 20.11.2006, see reg. 1(1)

[^key-c5bc80a023ec94c53fd461e33ccd618c]: Reg. 29 in operation at 20.11.2006, see reg. 1(1)

[^key-ed97b4c04d938d1fa0c0694f6566d6ba]: Reg. 30 in operation at 20.11.2006, see reg. 1(1)