Legalize / United Kingdom / Northern Ireland / Ni-Statutory-Rule

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

Type Ni-Statutory-Rule

Publication 2006-10-12

Last updated 2026-03-15

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(17F) Where a person is temporarily absent from Northern Ireland, except where the circumstances in paragraph (17A) apply, the total period of absence where the person is treated as occupying the main dwelling as his home will not exceed 26 weeks.

(18) In this regulation—

“continental shelf worker” means a person who is employed, whether under a contract of service or not, in a designated area or a prescribed area in connection with any activity mentioned in section 11(2) of the Petroleum Act 1998;

“designated area” means any area which may from time to time be designated by Order in Council under the Continental Shelf Act 1964 as an area within which the rights of the United Kingdom with respect to the seabed and subsoil and their natural resources may be exercised;

“main dwelling” means the dwelling that a person normally occupies as his home;

“mariner” means a person who is employed under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel, where—the employment in that capacity is for the purposes of that ship or vessel or its crew or any passengers or cargo or mails carried by the ship or vessel; andthe contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on its voyage;

“medically approved” means certified by a medical practitioner;

“member of Her Majesty’s forces posted overseas” means a person who is a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006), who is absent from the main dwelling because the person has been posted outside of Northern Ireland to perform the duties of a member of her Majesty’s regular forces or reserve forces;

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

“prescribed area” means any area over which Norway or any member State... exercises sovereign rights for the purposes of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or such member State, or any other area which is from time to time specified under section 10(8) of the Petroleum Act 1998;

“residential accommodation” means accommodation which is provided in—a residential care home;a nursing home;an independent hospital;an Abbeyfield Home; oran establishment managed or provided by a body incorporated by Royal Charter or constituted by a statutory provision;

“training course” means a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, a government department.

Circumstances in which a person is to be treated as liable to make payments in respect of a dwelling

8

(1) Subject to regulation 9, the following persons shall be treated as if they were liable to make payments in respect of a dwelling—

(a) the person who is liable to make those payments;

(b) a person who is a partner of the person to whom sub-paragraph (a) applies;

(c) a person who has to make the payments if he is to continue to live in the home because the person liable to make them is not doing so and either—

(i) he was formerly a partner of the person who is so liable, or

(ii) he is some other person whom it is reasonable to treat as liable to make the payments;

(d) a person whose liability to make such payments is waived by his landlord as reasonable compensation in return for works actually carried out by the tenant in carrying out reasonable repairs or redecoration which the landlord would otherwise have carried out or be required to carry out but this sub-paragraph shall apply only for a maximum of 8 benefit weeks in respect of any one waiver of liability;

(e) a person who is a partner of a student to whom regulation 53(1) of the Housing Benefit Regulations applies.

(2) A person shall be treated as liable to make a payment in respect of a dwelling for the whole of the period in, or in respect of, which the payment is to be made notwithstanding that the liability is discharged in whole or in part either before or during that period and, where the amount which a person is liable to pay in respect of a period is varied either during or after that period, he shall, subject to regulations 57 to 60, be treated as liable to pay the amount as so varied during the whole of that period.

Circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling

9

(1) A person who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable where—

(a) the tenancy or other agreement pursuant to which he occupies the dwelling is not on a commercial basis;

(b) his liability under the agreement is to a person who also resides in the dwelling and who is a close relative of his or of his partner;

(i) to his former partner and is in respect of a dwelling which he and his former partner occupied before they ceased to be partners, or

(ii) to his partner’s former partner and is in respect of a dwelling which his partner and his partner’s former partner occupied before they ceased to be partners;

(d) he is responsible, or his partner is responsible, for a child of the person to whom he is liable under the agreement;

(e) subject to paragraph (3), his liability under the agreement is to a company or a trustee of a trust of which—

(i) he or his partner;

(ii) his or his partner’s close relative who resides with him, or

(iii) his or his partner’s former partner,

is, in the case of a company, a director or an employee, or, in the case of a trust, a trustee or a beneficiary;

(f) his liability under the agreement is to a trustee of a trust of which his or his partner’s child is a beneficiary;

(g) subject to paragraph (3), before the liability was created, he was a non-dependant of someone who resided, and continues to reside, in the dwelling;

(h) he previously owned, or his partner previously owned, the dwelling in respect of which the liability in respect of rent arises and less than 5 years have elapsed since he or, as the case may be, his partner, ceased to own the property, save that this sub-paragraph shall not apply where he satisfies the appropriate authority that he or his partner could not have continued to occupy that dwelling without relinquishing ownership;

(i) his occupation, or his partner’s occupation, of the dwelling is a condition of his or his partner’s employment by the landlord;

(j) he is a member of, and is wholly maintained (disregarding any liability he may have to make payments in respect of the dwelling he occupies as his home) by, a religious order;

(k) he is in residential accommodation;

(l) in a case to which the preceding sub-paragraphs do not apply, the appropriate authority is satisfied that the liability was created to take advantage of the housing benefit scheme established under Part VII of the Act.

(2) In determining whether a tenancy or other agreement pursuant to which a person occupies a dwelling is not on a commercial basis regard shall be had inter alia to whether the terms upon which the person occupies the dwelling include terms which are not enforceable at law.

(3) Paragraph (1)(e) and (g) shall not apply in a case where the person satisfies the appropriate authority that the liability was not intended to be a means of taking advantage of the housing benefit scheme.

(4) In this regulation “residential accommodation” means accommodation which is provided in—

(a) a residential care home;

(b) a nursing home; or

Persons from abroad

10

(1) A person from abroad who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable but this paragraph shall not have effect in respect of a person to whom and for a period to which regulation 10A (entitlement of a refugee to housing benefit) and Schedule A1⁴² (treatment of claims for housing benefit by refugees) apply.

(2) In paragraph (1), “person from abroad” means, subject to the following provisions of this regulation, a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.

(3) No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (4) insert “or (4A) .

(4) A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following—

(a) regulation 13 of the Immigration (European Economic Area) Regulations 2016 ;

(b) regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is—

(i) a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or

(ii) a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker or ;

(bb) regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the person satisfies the criteria in paragraph (5) of that regulation;

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

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

(4A) A right to reside falls within this paragraph if it is one which exists by virtue of a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—

(a) Appendix EU to the immigration rules made under section 3(2) of that Act; ...

(b) being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act; or

(c) having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.

(4B) Paragraph (4A)(a) does not apply to a person who —

(a) has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and

(b) would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (4).

(5) A person is not a person from abroad if he is—

(zza) a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted by virtue of—

(i) the Afghan Relocations and Assistance Policy; or

(ii) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);

(zzb) a person in Northern Ireland not coming within sub-paragraph (zza) or (h) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;

(zzc) a person in Northern Ireland who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, ...

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;

(zzd) a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;

(zze) a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;

(zzf) a person who—

(i) was residing in a country or territory outside Northern Ireland immediately before His Majesty’s Government—

(aa) provided public information to advise British nationals to leave that country or territory, or

(bb) arranged the evacuation of British nationals from that country or territory;

(ii) has left that country or territory and is present in Northern Ireland; and

(iii) has—

(aa) a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,

(bb) no requirement of leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

(cc) leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or

(dd) leave on a discretionary basis outside of rules made under section 3(2) of that Act; or

(zzg) a person who, as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rules;

(za) a qualified person for the purposes of regulation 6 of the Immigration (European Economic Area) Regulations 2016 as a worker or a self-employed person;

(zb) a family member of a person referred to in sub-paragraph (za)...;

(zc) a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;

(zd) a family member of a relevant person of Northern Ireland with a right to reside which falls within paragraph (4A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national;

(ze) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

(zf) a family member of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;

(g) a refugee;

(h) a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 ...

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) granted under the Afghan Citizens Resettlement Scheme;

(i) a person who has humanitarian protection granted under those rules;

(j) a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999⁴³ and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; or

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(kk) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) on state pension credit.

(5A) Paragraph (5)(zzf) does not apply after the expiry of 6 months beginning on the day on which the public information is issued, or the evacuation is started.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this regulation—

“EEA national” has the same meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;

“family member” has the same meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016, except that regulation 7(4) of those Regulations does not apply for the purposes of paragraph (4B) and (5)(zd) of this regulation;

“refugee” means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees;

“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.

(8) References in this regulation to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.

PART III — Payments in respect of a dwelling

Eligible housing costs

11

(1) Subject to the following provisions of this regulation, housing benefit shall be payable in respect of the payments specified in regulation 12(1) and 13(1) and a claimant’s maximum housing benefit shall be calculated under Part VII by reference to—

(a) in the case of a rate rebate, the amount of his eligible rates determined in accordance with regulation 12(3); and

(b) in the case of a rent rebate or allowance, the amount of his eligible rent determined in accordance with—

(i) regulation 13A;

(ii) regulations 13B, 14, 14A and 14B;

(iii) regulations 13C, 14C and 14D, or

(iv) regulations 13 (rent) and 14 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations,

whichever is applicable in his case.

(2) Where any payment for which a person is liable in respect of a dwelling and which is specified in regulation 13(1), is increased on account of—

(a) outstanding arrears of any payment or charge; or

(b) any other unpaid payment or charge,

to which paragraphs (1) or (2) of that regulation or paragraph (2) of regulation 13A or Schedule 1 refer and which is or was formerly owed by him in respect of that or another dwelling, a rent rebate or, as the case may be, a rent allowance shall not be payable in respect of that increase.

Rates

12

(1) The payments in respect of which housing benefit is payable in the form of a rate rebate are the payments by way of rates in respect of the dwelling which a person occupies as his home.

(2) Where the person is liable to make payments only of such a kind as are specified in regulation 13(1) in respect of the dwelling which he occupies as his home and which comprises part only of a rateable unit, the proportion of those payments equal to the proportion of the rates payable in respect of the rateable unit as a whole which appears to the appropriate authority to be referable to his dwelling shall be treated as payments by way of rates for the purpose of paragraph(1).

(3) Subject to any apportionment in accordance with paragraphs (4) and (5) the amount of a person’s eligible rates shall be the amount of the payments by way of rates referred to in paragraph (1), or, as the case may be, (2).

(4) Where a rateable unit consists partly of residential accommodation and partly of other accommodation, only such proportion of the rates payable for that rateable unit as is referable to the residential accommodation shall count as eligible rates for the purpose of these Regulations.

(5) Subject to paragraph (6), where more than one person is liable to make payments by way of rates in respect of a dwelling, the rates payable in respect of that dwelling shall be apportioned for the purposes of calculating the eligible rates for each such person having regard to all the circumstances, in particular the number of such persons and the proportion of rates paid by each such person.

(6) Paragraph (5) shall not apply to any person so residing with the claimant who is a student to whom regulation 53(1) of the Housing Benefit Regulations applies.

Rent

13

(1) Subject to the following provisions of this regulation, the payments in respect of which housing benefit is payable in the form of a rent rebate or allowance are the following periodical payments which a person is liable to make in respect of the dwelling which he occupies as his home—

(a) payments of, or by way of, rent;

(b) payments in respect of a licence or permission to occupy the dwelling;

(d) payments in respect of, or in consequence of, use and occupation of the dwelling;

(e) payments of, or by way of, service charges payment of which is a condition on which the right to occupy the dwelling depends;

(f) mooring charges payable for a houseboat;

(g) where the home is a caravan or a mobile home, payments in respect of the site on which it stands; and

(h) payments under a rental purchase agreement, that is to say an agreement for the purchase of a dwelling which is a building or part of one under which the whole or part of the purchase price is to be paid in more than one instalment and the completion of the purchase is deferred until the whole or a specified part of the purchase price has been paid.

(2) A rent rebate or, as the case may be, a rent allowance shall not be payable in respect of the following periodical payments—

(a) payments by an owner except under an equity-sharing lease in respect of payments specified in paragraph (1)(a) and (e) ;

(b) payments under a hire purchase, credit sale or conditional sale agreement except to the extent the conditional sale agreement is in respect of land; ...

(c) payments by a person who is eligible for a rent rebate or allowance under a scheme operated by the Ministry of Defence; and

(d) payments by a person in respect of a dwelling where his partner is an owner of that dwelling.

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

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

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

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this regulation , regulation 13A and Schedule 1—

“service charges” means periodical payments for services, whether or not under the same agreement as that under which the dwelling is occupied, or whether or not such a charge is specified as separate from or separately identified within other payments made by the occupier in respect of the dwelling;

“services” means services performed or facilities (including the use of furniture) provided for, or rights made available to, the occupier of a dwelling.

Maximum rent

14

(1) Where the Executive has made a decision in accordance with Schedule 2, the maximum rent shall be determined in accordance with paragraphs (2) to (6).

(2) In a case where a claim-related rent has been decided, but a local reference rent is not required, the maximum rent shall be that claim-related rent.

(3) Subject to the limit specified in paragraph (4), in a case where both a local reference rent and a claim-related rent has been decided, the maximum rent shall be the local reference rent.

(4) In a case to which paragraph 8 of Schedule 3 to the Consequential Provisions Regulations applies, where a local reference rent has been decided, the maximum rent shall not exceed twice that local reference rent.

(5) Where the maximum rent is derived from—

(a) a claim-related rent and an ineligible amount in respect of meals has been included in that claim-related rent; or

(b) a local reference rent and an ineligible amount in respect of meals has been included in that local reference rent,

in determining the maximum rent the Executive shall deduct an amount determined in accordance with paragraph 2 of Schedule 1 in respect of meals.

(6) This regulation is subject to regulations 14A and 14B.

(7) In this regulation—

“claim-related rent” means the rent decided by the Executive under paragraph 6 of Schedule 2;

“local reference rent” means the rent decided by the Executive under paragraph 4 of Schedule 2.

Decisions

15

(1) Subject to paragraph (3), in respect of a claim for rent allowance where a maximum rent (LHA) does not fall to be determined under regulation 14C the Executive shall—

(a) make the decision in accordance with Part I of Schedule 2; and

(b) comply with Part II of Schedule 2 when making the decision.

(2) The Executive, on the first working day of each month, shall—

(a) make a decision in accordance with Part III of Schedule 2; and

(b) comply with paragraph 8(2) of Schedule 2 when making the decision.

(3) No decision shall be made—

(a) under paragraph 3 or 4 of Schedule 2 if the tenancy is of residential accommodation, within the meaning of regulation 9(4), or in a hostel; or

(b) for a tenancy under Schedule 3; ...

(4) This regulation shall apply as specified in Part V of Schedule 2 in relation to—

(a) mooring charges payable for a houseboat;

(b) payments in respect of the site on which a caravan or a mobile home stands; or

Pre-tenancy decisions

16

(1) Except in the case where any liability to make payments in respect of a dwelling would be to the Executive, a decision shall be made by the Executive of the amount of rent which may be used in the calculation of housing benefit, where a request is received from a person (“the prospective occupier”), on a properly completed form approved for the purpose by the Executive, which includes the specified matters and any of the circumstances specified in regulation 14C(5)(a) to (d) apply.

(2) A decision by the Executive shall not be required under paragraph (1) where a request relates to—

(a) a dwelling in a hostel if, during the period of 12 months which ends on the day on which that request is received by the Executive—

(i) the Executive has already made a decision in accordance with Schedule 2 in respect of a dwelling in that hostel which is a similar dwelling to the dwelling to which the request relates, and

(ii) there has been no change relating to a rent allowance that has affected the dwelling in respect of which that decision was made; or

(b) an “excluded tenancy” within the meaning of Schedule 3.

(3) Where the Executive receives a request pursuant to paragraph (1) it shall make a decision within 7 days of receipt of that request except it is a case where, by reason of paragraph (2), a decision in accordance with Schedule 2 is not required, where the Executive shall—

(a) return it to the prospective occupier, indicating why no such application is required; and

(b) where it is not required by reason of either paragraph (2)(a) of this regulation or paragraph 2 of Schedule 3, also send him a copy of the previous decision within 4 days of the receipt of that request.

(4) For the purpose of calculating the period of days mentioned in paragraph (3)(b), no regard shall be had to a day in which the offices of the Executive are closed for the purposes of receiving or deciding claims.

(5) In this regulation—

“change relating to a rent allowance” means a change or increase to which paragraph 2(3)(a), (b), (c), (d) or (f) of Schedule 3 applies;

“prospective occupier” shall include a person currently in receipt of housing benefit in respect of a dwelling which he occupies as his home and who is contemplating entering into a new agreement to occupy that dwelling, but not in a case where his current agreement commenced less than 11 months before such a request;

...⁴⁴

“specified matters” means—the signature of the prospective occupier;the signature of the person to whom the prospective occupier would incur liability to make such payments;a statement that the person in paragraph (b) agrees to the application being made for that decision; andan indication that the prospective occupier is contemplating occupying the dwelling as his home and that if he does so, he is likely to claim housing benefit.

PART IV — Membership of a family

Persons of prescribed description

17

(1) Subject to paragraph (2), a person of a prescribed description for the purposes of section 133(1) of the Act as it applies to housing benefit (definition of family⁴⁵) is a person who falls within the definition of qualifying young person in section 138 of the Act⁴⁶ (child and qualifying young person), and in these Regulations such a person is referred to as a “young person”.

(2) Paragraph (1) shall not apply to a person who is—

(a) on income support , an income-based jobseeker’s allowance or an income-related employment and support allowance ; ...

(b) a person to whom section 6 of the Children (Leaving Care) Act (Northern Ireland) 2002⁴⁷ (exclusion from benefits) applies, or

(3) A person of a prescribed description for the purposes of section 133(1) of the Act as it applies to housing benefit (definition of family) includes a child or young person in respect of whom section 141A of that Act⁴⁸ applies for the purposes of entitlement to child benefit but only for the period prescribed under section 141A(1) of that Act.

Circumstances in which a person is to be treated as responsible or not responsible for another

18

(1) Subject to the following provisions of this regulation, a person shall be treated as responsible for a child or young person who is normally living with him and this includes a child or young person to whom regulation 17(3) applies.

(2) Where a child or young person spends equal amounts of time in different households, or where there is a question as to which household he is living in, the child or young person shall be treated for the purposes of paragraph (1) as normally living with—

(a) the person who is receiving child benefit in respect of him; or

(b) if there is no such person—

(i) where only one claim for child benefit has been made in respect of him, the person who made that claim, or

(ii) in any other case the person who has the primary responsibility for him.

(3) For the purposes of these Regulations a child or young person shall be the responsibility of only one person in any benefit week and any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.

Circumstances in which a person is to be treated as being or not being a member of the household

19

(1) Subject to paragraphs (2) to (4), the claimant and any partner and, where the claimant or his partner is treated as responsible by virtue of regulation 18 for a child or young person, that child or young person and any child of that child or young person, shall be treated as members of the same household notwithstanding that any of them is temporarily living away from the other members of his family.

(2) Paragraph (1) shall not apply to a person who is living away from the other members of his family where—

(a) that person does not intend to resume living with the other members of his family; or

(b) his absence from the other members of his family is likely to exceed 52 weeks, unless there are exceptional circumstances (for example where the person is in hospital or otherwise has no control over the length of his absence) and the absence is unlikely to be substantially more than 52 weeks.

(3) A child or young person shall not be treated as a member of the claimant’s household , nor as occupying the claimant’s dwelling, where he is—

(a) placed with the claimant or his partner by an authority, as defined in Article 2 of the Children Order, 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 organisation);

(b) placed with the claimant or his partner prior to adoption; or

(c) placed for adoption with the claimant or his partner pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 1989⁴⁹.

(4) Subject to paragraph (5), paragraph (1) shall not apply to a child or young person who is not living with the claimant and he—

(a) is being looked after by an authority, as defined in Article 2 of the Children Order, under a relevant enactment;

(b) has been placed with a person other than the claimant prior to adoption; or

(5) An authority shall treat a child or young person to whom paragraph (4)(a) applies, as being a member of the claimant’s household in any benefit week where—

(a) that child or young person lives with the claimant for part or all of that benefit week; and

(b) the authority considers that it is reasonable to do so taking into account the nature and frequency of that child’s or young person’s visits.

(6) In this regulation “relevant enactment” means the Army Act 1955⁵⁰, the Air Force Act 1955⁵¹, the Naval Discipline Act 1957⁵²,the Children and Young Persons Act (Northern Ireland) 1968⁵³, the Health and Personal Social Services Order, the Family Law Reform (Northern Ireland) Order 1977⁵⁴, the Matrimonial Causes (Northern Ireland) Order 1978⁵⁵, the Domestic Proceedings (Northern Ireland) Order 1980⁵⁶, the Adoption (Northern Ireland) Order 1987⁵⁷ and the Children Order.

PART V — Applicable amounts

Applicable amounts

20

(1) Subject to regulations 59 and 60 and Schedule A1⁵⁸ (treatment of claims for housing benefit by refugees), the applicable amount of a claimant shall be the aggregate of such of the following amounts as apply in his case—

(a) an amount in respect of his personal allowance, determined in accordance with paragraph 1 of Schedule 4;

(b) an amount determined in accordance with paragraph 2 of that Schedule in respect of... children or young persons ...who are members of his family;

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

(e) the amount of any premiums which may be applicable to him determined in accordance with Parts III and IV of that Schedule.

(2) In Schedule 4—

“additional spouse” means a spouse of either party to the marriage who is additional to the other party to the marriage;

“patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a young offenders centre or a juvenile justice centre) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005⁵⁹.

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

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

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

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VI — Assessment of income and capital

SECTION 1 — General

Calculation of income and capital of members of claimant’s family and of a polygamous marriage

21

(1) The income and capital of a claimant’s partner which by virtue of section 132(1) of the Act is to be treated as income and capital of the claimant, shall be calculated or estimated in accordance with the following provisions of this Part in like manner as for the claimant; and any reference to the “claimant” shall be construed for the purposes of this Part as if it were a reference to his partner.

(2) Where a claimant or the partner of a claimant is married polygamously to 2 or more members of his household—

(a) the claimant shall be treated as possessing capital and income belonging to each such member; and

(b) the income and capital of that member shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant.

(3) The income and capital of a child or young person shall not be treated as the income and capital of the claimant.

Circumstances in which income of non-dependant is to be treated as claimant’s

22

(1) Where it appears to the relevant authority that a non-dependant and the claimant have entered into arrangements in order to take advantage of the housing benefit scheme and the non-dependant has more capital and income than the claimant, that authority shall, except where the claimant is on income support or an a guarantee credit , treat the claimant as possessing capital and income belonging to that non-dependant and, in such a case, shall disregard any capital and income which the claimant does possess.

(2) Where a claimant is treated as possessing capital and income belonging to a non-dependant under paragraph (1) the capital and income of that non-dependant shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant and any reference to the “claimant” shall be construed for the purposes of this Part as if it were a reference to that non-dependant.

SECTION 2 — Income

Calculation of income and capital

23

The income and capital of—

(a) the claimant; and

(b) any partner of the claimant,

shall be calculated in accordance with the rules set out in this Part and any reference in this Part to the claimant shall apply equally to any partner of the claimant.

Claimant in receipt of guarantee credit

24

In the case of a claimant who is in receipt, or whose partner is in receipt, of a guarantee credit, the whole of his capital and income shall be disregarded.

Calculation of claimant’s income and capital in savings credit only cases

25

(1) In determining the income and capital of a claimant who has, or whose partner has, an award of state pension credit comprising only the savings credit, the relevant authority shall, subject to the following provisions of this regulation, use the calculation or estimate of the claimant’s or, as the case may be, the claimant’s partner’s income and capital made by the Department for the purpose of determining that award.

(2) The Department shall provide the relevant authority with details of the calculation or estimate—

(a) if the claimant is on housing benefit or has claimed housing benefit, within the 2 working days following the day the calculation or estimate was determined, or as soon as reasonably practicable thereafter; or

(b) if sub-paragraph (a) does not apply, within the 2 working days following the day he receives information from the relevant authority that the claimant or his partner has claimed housing benefit, or as soon as reasonably practicable thereafter.

(3) The details provided by the Department shall include the amount taken into account in that determination in respect of the net income of the person claiming state pension credit.

(4) The relevant authority shall modify the amount of the net income provided by the Department only in so far as necessary to take into account—

(a) the amount of the savings credit payable;

(b) in respect of any dependent children of the claimant, childcare charges taken into account under regulation 28(1)(c);

(i) lone parent’s earnings;

(ii) payments of maintenance, whether under a court order or not, which is made or due to be made by—

(aa) the claimant’s former partner, or the claimant’s partner’s former partner; or

(bb) the parent of a child or young person where that child or young person is a member of the claimant’s family except where that parent is the claimant or the claimant’s partner;

(d) any amount to be disregarded by virtue of paragraph 5A or 9(1) of Schedule 5;

(e) the income and capital of any partner of the claimant who is treated as a member of the claimant’s household under regulation 19 to the extent that it is not taken into account in determining the net income of the person claiming state pension credit;

(f) regulation 22, if the relevant authority determines that this provision applies in the claimant’s case;

(g) any income, in excess of £10, which falls to be disregarded under the provisions of paragraph 1 of Schedule 6.

(5) Regulations 27 to 47 shall not apply to the amount of the net income to be taken into account by the relevant authority under paragraph (1), but shall apply (so far as relevant) for the purpose of determining any modifications which fall to be made to that amount under paragraph (4).

(6) The relevant authority shall for the purpose of determining the claimant’s entitlement of housing benefit use, except where paragraphs (7) and (8) apply, the calculation of the claimant’s capital made by the Department, and shall in particular apply the provisions of regulation 41 if the claimant’s capital is calculated as being in excess of £16,000.

(7) If paragraph (8) applies, the relevant authority shall calculate the claimant’s capital in accordance with regulations 41 to 47.

(8) This paragraph applies if—

(a) the Department notifies the relevant authority that the claimant’s capital has been determined as being £16,000 or less;

(b) subsequent to that determination the claimant’s capital rises to more than £16,000; and

(c) the increase occurs whilst there is in force an assessed income period within the meaning of sections 6 and 9 of the State Pension Credit Act.

Calculation of income and capital where state pension credit is not payable

26

The income and capital of a person to whom neither regulation 24 nor 25 applies shall be calculated or estimated by the relevant authority in accordance with regulations 27 to 47.

Meaning of “income”

27

(1) For the purposes of these Regulations, “income” means income of any of the following descriptions—

(a) earnings;

(b) working tax credit;

(d) income from annuity contracts (other than retirement pension income);

(e) a guaranteed income payment;

(f) a payment made under article 21(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005⁶⁰ in any case where Article 23(2)(c) applies ;

(g) income from capital, other than capital disregarded under Part I of Schedule 7;

(h) social security benefits, other than retirement pension income or any of the following benefits—

(zi) universal credit;

(i) disability living allowance;

(ia) armed forces independence payment;

(ib) personal independence payment;

(iba) adult disability payment;

(ii) attendance allowance payable under section 64 of the Act⁶¹;

(iii) an increase of disablement pension under section 104 or 105 of the Act;

(iv) a payment under regulations made in exercise of the power conferred by paragraph 4(2)(b) of Schedule 8 to the Act;

(v) child benefit;

(vi) any guardian’s allowance payable under section 77 of the Act⁶²;

(vii) any increase for a dependant, other than the claimant’s partner, payable in accordance with Part IV of the Act;

(viii) any social fund payment made under Part VIII of the Act;

(ix) Christmas bonus payable under Part X of the Act;

(x) housing benefit;

(xi) bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;

(xii) statutory sick pay;

(xiii) statutory maternity pay;

(xiv) ...statutory paternity pay payable under Part XIIZA of the Act;

(xiva) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xv) statutory adoption pay payable under Part XIIZB of the Act⁶³;

(xva) statutory shared parental pay payable under Part 12ZC of the Act;

(xvaa) statutory parental bereavement pay payable under Part 12ZD of the Act;

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

(xvc) carer’s allowance supplement payable under section 81 of the Social Security (Scotland) Act 2018;

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

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

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

(xvf) any assistance given in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019;

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

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

(xvi) any benefit similar to those mentioned in the preceding provisions of this paragraph payable under legislation having effect in Great Britain;

(i) all foreign social security benefits which are similar to the social security benefits prescribed above;

(j) a payment made—

(i) under Article 30 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, in any case where Article 30(1)(b) applies, or

(ii) under Article 12 of that Order, in any case where Article 12(8)(b) applies;

(k) a pension paid by a government to victims of National Socialist persecution;

(l) payments under a scheme made under the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979⁶⁴;

(m) payments made towards the maintenance of the claimant by his spouse, civil partner, former spouse or former civil partner or towards the maintenance of the claimant’s partner by his spouse, civil partner, former spouse or former civil partner, including payments made—

(i) under a court order;

(ii) under an agreement for maintenance, or

(iii) voluntarily;

(n) payments due from any person in respect of board and lodging accommodation provided by the claimant;

(o) royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;

(p) any payment in respect of any—

(i) book registered under the Public Lending Right Scheme 1982, or

(ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;

(q) any payment, other than a payment ordered by a court or made in settlement of a claim, made by or on behalf of a former employer of a person on account of the early retirement of that person on grounds of ill-health or disability;

(r) any sum payable by way of pension out of money provided under the Civil List Act 1837⁶⁵, the Civil List Act 1937⁶⁶, the Civil List Act 1952⁶⁷, the Civil List Act 1972⁶⁸ or the Civil List Act 1975⁶⁹;

(s) any income in lieu of that specified in sub-paragraphs (a) to (p);

(t) any payment of rent or, as the case may be, rates made to a claimant who—

(i) owns the freehold or leasehold interest in any property or is a tenant of any property;

(ii) occupies part of the property, and

(iii) has an agreement with another person allowing that person to occupy that property on payment of rent or, as the case may be, rates;

(u) any payment made at regular intervals under an equity release scheme; and

(v) PPF periodic payments within the meaning of section 17(1) of the State Pension Credit Act⁷⁰.

(2) For the purposes of these Regulations and subject to regulation 42(2), a claimant’s capital shall be treated as if it were a weekly income of—

(a) £1 for each £500 in excess of £10,000; and

(b) £1 for any excess which is not a complete £500.

(3) Where the payment of any social security benefit prescribed under paragraph (1) , or retirement pension income to which section 16(1)(za) to (e) of the State Pension Credit Act applies, is subject to any deduction (other than an adjustment specified in paragraph (4)) the amount to be taken into account under paragraph (1) shall be the amount before the deduction is made.

(4) The adjustments specified in this paragraph are those made in accordance with—

(a) the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979⁷¹;

(b) the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005;

(c) section 30DD or section 30E of the Act⁷² (reductions in incapacity benefit in respect of pensions and councillor’s allowances).

(d) section 3 of the Welfare Reform Act (deductions from contributory employment and support allowance in respect of pensions and councillor’s allowances).

(e) section 14 of the Pensions Act (Northern Ireland) 2015 (pension sharing: reduction in the sharer’s section 4 pension);

(f) section 45B (reduction of additional pension in Category A retirement pension: pension sharing) or section 55B (reduction of shared additional pension: pension sharing) of the Act.

(g) regulation 16(2) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

(5) Where an award of any working tax credit or child tax credit under the Tax Credits Act is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under paragraph (1) shall be the amount of working tax credit or child tax credit awarded less the amount of that deduction.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In paragraph (1)(u), “equity release scheme” means a loan—

(a) made between a person (“the lender”) and the claimant;

(b) by means of which a sum of money is advanced by the lender to the claimant by way of payments at regular intervals; and

Calculation of income on a weekly basis

28

(1) Subject to regulation 32, 59 and 60, for the purposes of section 129(1) of the Act (conditions of entitlement to housing benefit) the income of a claimant who has reached the qualifying age for state pension credit shall be calculated on a weekly basis—

(a) by calculating or estimating the amount which is likely to be his average weekly income in accordance with this Part;

(b) by adding to that amount the weekly income calculated under regulation 27(2);

(c) by then deducting any relevant child care charges to which regulation 29 applies from any earnings which form part of the average weekly income or, in a case where the conditions in paragraph (2) are met, from those earnings plus whichever credit specified in sub-paragraph (b) of that paragraph is appropriate, up to a maximum deduction in respect of the claimant’s family of whichever of the sums specified in paragraph (3) applies in his case.

(2) The conditions of this paragraph are that—

(a) the claimant’s earnings which form part of his average weekly income are less than the lower of either his relevant child care charges or whichever of the deductions specified in paragraph (3) otherwise applies in his case; and

(b) that claimant or, if he is a member of a couple either the claimant or his partner, is in receipt of working tax credit or child tax credit.

(3) The maximum deduction to which paragraph (1)(c) refers shall be—

(a) where the claimant’s family includes only one child in respect of whom relevant child care charges are paid, £175.00 per week;

(b) where the claimant’s family includes more than one child in respect of whom relevant child care charges are paid, £300 per week.

Treatment of child care charges

29

(1) This regulation applies where a claimant is incurring relevant child care charges and—

(a) is a lone parent and is engaged in remunerative work;

(b) is a member of a couple both of whom are engaged in remunerative work; or

(i) is incapacitated;

(ii) is an in-patient in hospital, or

(iii) is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).

(2) For the purposes of paragraph (1) and subject to paragraph (4), a person to whom paragraph (3) applies shall be treated as engaged in remunerative work for a period not exceeding 28 weeks during which he—

(a) is paid statutory sick pay;

(b) is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the Act⁷³;

(ba) is paid an employment and support allowance;

(c) is paid income support on the grounds of incapacity for work under regulation 4ZA of, and paragraph 7 or 14 of Schedule 1B to, the Income Support Regulations⁷⁴; or

(d) is credited with earnings on the grounds of or limited capability for work under regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975⁷⁵.

(3) This paragraph applies to a person who was engaged in remunerative work immediately before—

(a) the first day of the period in respect of which he was first paid statutory sick pay, short-term incapacity benefit , an employment and support allowance or income support on the grounds of incapacity for work; or

(b) the first day of the period in respect of which earnings are credited,

as the case may be.

(4) In a case to which paragraph (2)(c) or (d) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.

(5) Relevant child care charges are those charges for care to which paragraphs (6) and (7) apply, and shall be estimated on a weekly basis in accordance with paragraph (10).

(6) The charges are paid by the claimant for care which is provided—

(a) in the case of any child of the claimant’s family who is not disabled, in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September following that child’s fifteenth birthday; or

(b) in the case of any child of the claimant’s family who is disabled, in respect of the period 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.

(7) The charges are paid for care which is provided by one or more of the care providers listed in paragraph (8) and are not paid—

(a) in respect of the child’s compulsory education;

(b) by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with regulation 18; or

(8) The care to which paragraph (7) refers may be provided—

(a) out of school hours, by a school on school premises or by an education and library board or an HSS trust—

(i) for children who are not disabled in respect of the period beginning on their twelfth birthday and ending on the day preceding the first Monday in September following their fifteenth birthday, or

(ii) for children who are disabled in respect of the period beginning on their twelfth birthday and ending on the day preceding the first Monday in September following their sixteenth birthday;

(b) by a child care provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999⁷⁶; ...

(d) by a foster parent under the Foster Placement (Children) Regulations (Northern Ireland) 1996 in relation to a child other than one whom the foster parent is fostering;

(e) by a domiciliary care worker under the Domiciliary Care Agencies Regulations (Northern Ireland) 2007; or

(f) by a person who is not a relative of the child wholly or mainly in the child’s home.

(9) In—

(a) paragraphs (6) and (8)(a), “the first Monday in September” means the Monday which first occurs in the month of September in any year; and

(b) paragraph (8)(a) “education and library board” means an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986⁷⁷.

(10) Relevant child care charges shall be estimated over such period, not exceeding a year, as is appropriate in order that the average weekly charge may be estimated accurately having regard to information as to the amount of that charge provided by the child minder or person providing the care.

(11) For the purposes of paragraph (1)(c) the other member of a couple is to be treated as incapacitated where—

(a) he is aged not less than 80;

(b) he is aged less than 80 and—

(i) the additional conditions specified in paragraph 13 of Schedule 4 to the Housing Benefit Regulations (additional condition for the higher pensioner and disability premiums) are treated as applying in his case, and

(ii) he satisfies those conditions or would satisfy them but for his being treated as capable of work by virtue of a determination made in accordance with regulations made under section 167E of the Act⁷⁸;

(ba) the claimant’s other member of the couple would be a member of the support group or a member of the work-related activity group by virtue of a determination made in accordance with the Employment and Support Allowance Regulations or the Employment and Support Allowance Regulations (Northern Ireland) 2016 ;

(c) the claimant is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part XIIA of the Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any 2 or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;

(ca) the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations or the Employment and Support Allowance Regulations (Northern Ireland) 2016 for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;

(d) there is payable in respect of him one or more of the following—

(i) long-term incapacity benefit or short-term incapacity benefit at the higher rate specified in paragraph 2 of Part I of Schedule 4 to the Act⁷⁹;

(ia) armed forces independence payment;

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

(iia) pension age disability payment;

(iii) severe disablement allowance under section 68 of the Act⁸⁰;

(iv) disability living allowance;

(iva) Scottish adult disability living allowance;

(v) increase of disablement pension under section 104 of the Act;

(vi) a pension increase paid as part of a war disablement pension or under or an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under head (ii), (iv) or (v);

(vii) main phase employment and support allowance;

(viii) personal independence payment;

(ix) adult disability payment;

(e) a pension , allowance or payment to which head (ii), (iv), (v), (vi) or (viii) of sub-paragraph (d) refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient within the meaning of regulation 20(2);

(ea) a pension age disability payment was payable on account of his incapacity but has ceased to be payable in accordance with 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;

(eb) a Scottish adult disability living allowance was payable on account of his incapacity but has ceased to be payable in accordance with 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;

(f) sub-paragraph (d) or (e) would apply to him if the legislative provisions referred to in those sub-paragraphs were provisions under any corresponding enactment having effect in Great Britain; or

(g) he has an invalid carriage or other vehicle provided to him by the Department of Health, Social Services and Public Safety⁸¹ under Article 30(1) of the Health and Personal Social Services Order or provided by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977⁸² or under section 46 of the National Health Service (Scotland) Act 1978⁸³.

(12) For the purposes of paragraph (11), once paragraph (11)(c) applies to the claimant, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.

(12A) For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work.

(13) For the purposes of paragraphs (6) and (8)(a), a person is disabled if he is a person—

(za) in respect of whom armed forces independence payment is payable;

(a) in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient;

(aa) in respect of whom child disability payment is payable;

(b) who is certified as severely sight impaired or blind by a consultant ophthalmologist;

(c) who ceased to be certified as severely sight impaired or blind within the period beginning 28 weeks before the first Monday in September following that person’s fifteenth birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday; ...

(d) in respect of whom personal independence payment is payable, or has ceased to be payable solely by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients) or

(e) in respect of whom adult disability payment is payable, or has ceased to be payable solely 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

(14) For the purposes of paragraph (1) a person on maternity leave, paternity leave , adoption leave , shared parent leave or parental bereavement leave shall be treated as if he is engaged in remunerative work for the period specified in paragraph (15) (“the relevant period”) provided that—

(a) in the week before the period of maternity leave, paternity leave , adoption leave , shared parental leave or parental bereavement leave began he was in remunerative work;

(b) the claimant is incurring relevant child care charges within the meaning of paragraph (5); and

(c) he is entitled to statutory maternity pay under section 160 of the Act, ... statutory paternity pay by virtue of section 167ZA or 167ZB of the Act... , statutory adoption pay by virtue of section 167ZL of the Act⁸⁴ , statutory shared parental pay by virtue of section 167ZU or 167ZW of the Act , , statutory parental bereavement pay by virtue of section 167ZZ9 of the Act or maternity allowance under section 35 of the Act.

(15) The relevant period shall begin on the day on which the person’s maternity leave, paternity leave , parental bereavement leave or adoption leave commences and shall end on—

(a) the date that leave ends;

(b) if no child care element of working tax credit is in payment on the date that entitlement to maternity allowance, statutory maternity pay, ...statutory paternity pay , statutory adoption pay , statutory shared parental pay or statutory parental bereavement pay ends, the date that entitlement ends; or

(c) if a child care element of working tax credit is in payment on the date that entitlement to maternity allowance, statutory maternity pay, ...statutory paternity pay , statutory adoption pay , statutory shared parental pay or statutory parental bereavement pay ends, the date that entitlement to that award of the child care element of working tax credit ends,

whichever shall occur first.

(16) In paragraph (15), “child care element” of working tax credit means the element of working tax credit prescribed under section 12 of the Tax Credits Act (child care element).

Calculation of average weekly income from tax credits

30

(1) This regulation applies where a claimant receives a tax credit.

(2) Where this regulation applies, the period over which a tax credit is to be taken into account shall be the period set out in paragraph (3).

(3) Where the instalment in respect of which payment of a tax credit is made is—

(a) a daily instalment, the period is one day, being the day in respect of which the instalment is paid;

(b) a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;

(c) a 2 weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;

(d) a 4 weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.

(4) For the purpose of this regulation “tax credit” means working tax credit.

Calculation of weekly income

31

(1) Except where paragraphs (2) , (2A), (3A) and (4) apply, for the purposes of calculating the weekly income of the claimant, where the period in respect of which a payment is made—

(a) does not exceed a week, the whole of that payment shall be included in the claimant’s weekly income;

(b) exceeds a week, the amount to be included in the claimant’s weekly income shall be determined—

(i) in a case where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;

(ii) in a case where that period is 3 months, by multiplying the amount of the payment by 4 and dividing the product by 52;

(iii) in a case where that period is a year, by dividing the amount of the payment by 52;

(iv) in any other case, by multiplying the amount of the payment by 7 and dividing the product by the number of days in the period in respect of which it is made.

(2) Where—

(a) the claimant’s regular pattern of work is such that he does not work the same hours every week; or

(b) the amount of the claimant’s income fluctuates and has changed more than once,

the weekly amount of that claimant’s income shall be determined—

(i) if, in a case to which sub-paragraph (a) applies, there is a recognised cycle of work, by reference to his average weekly income over the period of the complete cycle (including, where the cycle involves periods in which the claimant does no work, those periods but disregarding any other absences), or

(ii) in any other case, on the basis of—

(aa) the last 2 payments if those payments are one month or more apart;

(bb) the last 4 payments if the last 2 payments are less than one month apart; or

(cc) calculating or estimating such other payments as may, in the particular circumstances of the case, enable the claimant’s average weekly income to be determined more accurately.

(3) For the purposes of paragraph (2)(b) the last payments are the last payments before the date the claim was made or treated as made or, if there is a subsequent supersession under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000⁸⁵, the last payments before the date of the supersession.

(4) If a claimant is entitled to receive a payment to which paragraph (5) applies, the amount of that payment shall be treated as if made in respect of a period of a year.

(5) This paragraph applies to—

(a) royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;

(b) any payment in respect of any—

(i) book registered under the Public Lending Right Scheme 1982; or

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