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

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

20

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

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

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

and the claimant makes payments by way of a contribution towards the student’s maintenance, other than a parental contribution falling within paragraph 19, an amount specified in sub-paragraph (2) in respect of each week during the student’s term.

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

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

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

whichever is less.

21

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

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

22

Except in a case which falls under paragraph 9 of Schedule 5, where the claimant is a person who satisfies any of the conditions of sub-paragraph (2) of that paragraph, any amount of working tax credit up to £37.10.

23

Except in the case of income from capital specified in Part II of Schedule 7, any actual income from capital.

24

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

25

Where the total value of any capital specified in Part II of Schedule 7 does not exceed £10,000, any income actually derived from such capital.

SCHEDULE 7 — Capital to be disregarded

PART I — Capital to be disregarded generally

1

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

2

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.

3

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.

4

Any premises occupied in whole or in part by—

• (a) a person who is a relative of the claimant or of his partner as his home where that person has attained the qualifying age for state pension credit or is incapacitated ;

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

5

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

6

Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner or the dissolution of a 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.

7

Any premises or land where the claimant is taking reasonable steps to dispose of the whole of his interest in 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.

8

All personal possessions.

9

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

10

The assets of any business owned in whole or in part by the claimant if—

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

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

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

11

The surrender value of any policy of life insurance.

12

The value of any funeral plan contract; and for this purpose, “funeral plan contract” means a contract under which—

• (a) the claimant makes one or more payments to another person (“the provider”);

• (b) the provider undertakes to provide, or secure the provision of, a funeral in the United Kingdom or in the Republic of Ireland for the claimant on his death; and

• (c) the sole purpose of the plan is to provide or secure the provision of a funeral for the claimant on his death.

13

Where an ex-gratia payment 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, an amount equal to that payment.

14

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

• (a) a diagnosed person;

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

• (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.

• (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.

• (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 claimant’s partner who is—

• (a) the diagnosed person;

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

• (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.

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

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

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

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

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

• (b) 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 or an independent hospital.

• (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.

15

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 civil partner or the claimant’s partner’s deceased spouse or 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.

16

• (1) Any payment made under or by —

• (a) the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, 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 (collectively referred to in this paragraph as “the Trusts”); or

• (b) the Independent Living Fund (2006) .

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

• (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 , 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 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.

• (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 , 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 the person who is suffering from haemophilia or who is a qualifying person.

• (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 , 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 who is or had been a member of that person’s household; 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 or a student who has not completed his full-time education and has no parent or step-parent, to any person standing in the place of his parent,

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 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 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 has formed a civil partnership that has not been dissolved, nor any child who was or had been a member of his household; 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 or a student who had not completed his full-time education and had no parent or step-parent, to any person standing in place of his parent,

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 .

17

• (1) An amount equal to the amount of any payment made in consequence of any personal injury to the claimant or, if the claimant has a partner, to the partner.

• (2) Where the whole or part of the payment is administered—

• (a) by the High Court under the provisions of Order 80 or 109 of the Rules of the Supreme Court (Northern Ireland) 1980[^f00181], the County Court under Order 44 of the County Court Rules (Northern Ireland) 1981[^f00182], or Article 21 of the County Courts (Northern Ireland) Order 1980[^f00183], or on behalf of a person where the payment can only be disposed of by order or direction of any such court; or

• (b) in accordance with the terms of a trust established for the benefit of the claimant or his partner,

the whole of the amount so administered.

18

Any amount specified in paragraph 19, 20 , 21 or 28A for a period of one year beginning with the date of receipt.

19

Amounts paid under a policy of insurance in connection with the loss of or damage to the property occupied by the claimant as his home and to his personal possessions.

20

So much of any amounts paid to the claimant or deposited in the claimant’s name for the sole purpose of—

• (a) purchasing premises which the claimant intends to occupy as his home; or

• (b) effecting essential repairs or alterations to the premises occupied or intended to be occupied by the claimant as his home.

21

• (1) Subject to paragraph 22, any amount paid—

• (a) by way of arrears of benefit;

• (b) by way of compensation for the late payment of benefit;

• (c) in lieu of the payment of benefit;

• (d) to rectify, or compensate for, an official error, as defined for the purposes of paragraph 22, being an amount to which that paragraph does not apply;

• (e) 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.

• (ea) by way of local welfare provision including arrears and payments in lieu of local welfare provision;”.

• (f) to rectify, or to compensate for, an error made by an officer of the Department which was not caused or materially contributed to by any person outside the Department and which prevented or delayed an assessment of the claimant’s entitlement to contributory employment and support allowance, being an amount to which paragraph 22(1A) does not apply.

• (2) In sub-paragraph (1), “benefit” means—

• (za) armed forces independence payment;

• (a) attendance allowance under section 64 of the Act;

• (b) disability living allowance;

• (ba) personal independence payment;

• (c) income support;

• (d) income-based jobseeker’s allowance;

• (e) state pension credit;

• (f) housing benefit;

• (g) child tax credit;

• (h) an increase of a disablement pension under section 104 of the Act (increase where constant attendance needed), and any further increase of such a pension under section 105 of the Act (increase for exceptionally severe disablement);

• (i) any amount included on account of the claimant’s exceptionally severe disablement or need for constant attendance in a war pension ;

• (j) any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations (Northern Ireland) 2001[^f00184]; ...

• (k) working tax credit; ...

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

• (l) income-related employment and support allowance...

• (m) social fund payments, or

• (n) universal credit.

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

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

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

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

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

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

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

• (v) any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Contributions and Benefits Act;

• (w) any Scottish carer supplement or carer additional person payment given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

• (3) In sub-paragraph (1) “contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the 2015 Order (that remove references to an income-related allowance).

22

• (1) Subject to sub-paragraph (3), any payment of £5,000 or more which has been made to rectify, or to compensate for, an official error or an error on a point of law relating to a relevant benefit and has been received by the claimant in full on or after the day on which he became entitled to benefit under these Regulations or the Housing Benefit Regulations.

• (1A) Subject to sub-paragraph (3), any payment of £5,000 or more received by the claimant in full on or after the day on which the claimant became entitled to benefit under these Regulations or the Housing Benefit Regulations which has been made to rectify, or to compensate for, an error made by an officer of the Department which was not caused or materially contributed to by any person outside the Department and which prevented or delayed an assessment of the claimant’s entitlement to contributory employment and support allowance.

• (1B) In sub-paragraph (1) “contributory employment and support allowance” has the meaning in paragraph 21(3) of this Schedule.

• (2) Subject to sub-paragraph (3), the total amount of any payments disregarded under—

• (a) paragraph 7(2) of Schedule 10 to the Income Support Regulations[^f00185];

• (b) paragraph 12(2) of Schedule 7 to the Jobseeker’s Allowance Regulations[^f00186];

• (c) paragraph 9(2) or 9A of Schedule 7 to the Housing Benefit Regulations;

• (d) paragraph 20A of Schedule 5 to State Pension Credit Regulations (Northern Ireland) 2003[^f00187],

• (e) paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations,

• (f) paragraph 18 of Schedule 10 to the Universal Credit Regulations (Northern Ireland) 2016

• (g) regulations 8A to 8C of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016;

where the award in respect of which the payments last fell to be disregarded under those Regulations either terminated immediately before the relevant date or is still in existence at that date.

• (3) Any disregard which applies under sub-paragraph (1), (1A) or (2) shall have effect until the award comes to an end.

• (4) In this paragraph—

• “the award”, except in sub-paragraph (2), means—the award of benefit under these Regulations during which the relevant sum or, where it is paid in more than one instalment, the first instalment of that sum is received; andwhere that award is followed by one or more further awards which, or each of which, begins immediately after the previous award ends, such further awards until the end of the last such award, provided that, for such further awards, the claimant—is the person who received the relevant sum;is the partner of that person, orwas the partner of that person at the date of his death;

• “official error”—where the error relates to housing benefit, has the meaning given by regulation 1(2) of the Decisions and Appeals Regulations; andwhere the error relates to any other relevant benefit, has the meaning given by regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[^f00188];

• “the relevant date” means—in the case of an existing award of benefit under these Regulations or the Housing Benefit Regulations, 6th October 2003; andin any other case, the date on which the claim for benefit under these Regulations or the Housing Benefit Regulations was made;

• “relevant benefit” means any benefit specified in paragraph 21(2);

• “the relevant sum” means the payment referred to in sub-paragraph (1) or the total amount referred to in sub-paragraph (2).

23

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

24

The value of the right to receive income from an occupational pension scheme or a personal pension scheme.

25

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

26

The dwelling occupied as the home; but only one dwelling shall be disregarded under this paragraph.

27

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.

28

Where a person elects to be entitled to a lump sum under Schedule 5 or 5A to the Act or under Schedule 1 to the Graduated Retirement Benefit Regulations, or is treated as having made such an election, and a payment has been made pursuant to that election, an amount equal to—

• (a) except where sub-paragraph (b) applies, the amount of any payment or payments made on account of that lump sum;

• (b) the amount of that lump sum,

but only for so long as that person does not change that election in favour of an increase of pension or benefit.

PART II — Capital disregarded only for the purposes of determining deemed income

29

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

30

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.

31

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

32

Where property is held under a trust, other than—

• (a) a charitable trust within the meaning of the Charities Act (Northern Ireland) 1964[^f00189]; or

• (b) a trust set up with any payment to which paragraph 16 of this Schedule applies,

and under the terms of the trust, payments fall to be made, or the trustees have a discretion to make payments, to or for the benefit of the claimant or the claimant’s partner, or both, that property.

SCHEDULE 8 — Extended payments (severe disablement allowance and incapacity benefit) of housing benefit

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

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

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

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

Movers

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

Movers and rent allowances

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

Movers and rent and rate rebates

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

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

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

Maximum housing benefit

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

Movers and rate rebates

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

Movers with 2 homes

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

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

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

Interpretation

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

SCHEDULE 9 — 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 67 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 67(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 state pension credit or an extended payment (qualifying contributory benefits) is payable

9

• (1) Where a person on state pension credit is awarded housing benefit, 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 53, 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 65 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.

• (2) In a case where a person on state pension credit has entitlement only to the savings credit, the following additional matters shall also be set out—

• (a) the applicable amount and the basis of calculation;

• (b) the amount of the savings credit taken into account;

• (c) the amount of the person’s income and capital as notified to the relevant authority by the Department and taken into account for the purposes of the housing benefit assessment;

• (d) any modification of the claimant’s income or capital made in accordance with regulation 25; and

• (e) the amount of the claimant’s capital if regulation 25(7) applies in his case.

• (3) Where a claimant is entitled to an extended payment (qualifying contributory benefits) in accordance with regulation 51, the decision notice shall include a statement as to the matters set out in paragraph 9(1).

PART III — Awards where no state pension credit is payable

10

Where a person is not on state pension credit 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 73 or 74, 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;

• (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; and

• (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 73.

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

13

Where an authority makes a decision under regulation 22 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 54, the decision notice shall include a statement as to—

• (i) the matters set out in paragraph 9(1)(a) to (d), and in a case where the amount of entitlement is less than the minimum amount of housing benefit prescribed, paragraph 9(1)(e) also;

• (ii) the matters set out in paragraph 10(b) to (d) where the person is not on state pension credit , 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 78, 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[^f00190] 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 attained the qualifying age for state pension credit. In the case of a woman that age 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). These Regulations do not however apply if either the claimant or the claimant’s partner is in receipt of income support or an income-based jobseeker’s allowance, notwithstanding that the claimant has attained the qualifying age for state pension credit. Provisions relating to those claimants and others who have not attained the qualifying age for state pension credit are contained in the Housing Benefit 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.

Part VI contains provisions enabling the income and capital of a person to whom these Regulations apply to be determined. They provide in particular—

• that a person entitled to a guarantee credit in state pension credit is to be treated as having neither income nor capital;

• that a person whose entitlement to state pension credit is restricted to the savings credit will have his income calculated by reference to the assessment made by the Department for the purpose of determining the award of state pension credit. This figure is subject to certain adjustments the determining authority is required to make under regulation 25;

• that persons to whom the Regulations apply but who have no entitlement to state pension credit are to have their income and capital determined in accordance with regulations 27 to 47.

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

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

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

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

Part XIII 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)); section 132A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)); 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]: See Article 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]: 1950 c. 29 (N.I.)

[^f00007]: S.I. 1995/755 (N.I. 2)

[^f00008]: S.I. 1996/1919 (N.I. 16)

[^f00009]: S.I. 1972/1265 (N.I. 14)

[^f00010]: S.I. 1995/2705(N.I. 15)

[^f00011]: S.I. 2003/431 (N.I. 9)

[^f00012]: 2002 c.14 (N.I.)

[^f00013]: 2002 c.21

[^f00014]: 1988 c.1

[^f00015]: Articles 107A and 107B were inserted by Article 3 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))

[^f00016]: 1992 c. 4

[^f00017]: S.I. 1983/686; relevant amending Instruments are S.I. 1984/1675 and S.I. 2001/420

[^f00018]: S.R. 2006 No. 407

[^f00019]: S.R. 2001 No. 213

[^f00020]: S.R. 2005 No. 121, amended by S.R. 2005 No. 541 and S.R. 2006 No. 104

[^f00021]: S.I. 2005/439

[^f00022]: S.I. 1991/194 (N.I. 1)

[^f00023]: S.I. 1994/429 (N.I. 2)

[^f00024]: S.I. 1992/1725 (N.I. 15)

[^f00025]: S.R. 2006 No. 405

[^f00026]: 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 (S.I. 1999/3147 (N.I. 11))

[^f00027]: S.R. 1987 No. 459

[^f00028]: S.R. 1996 No. 198

[^f00029]: 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

[^f00030]: The definition of “lower rate” was inserted by section 9(9) of the Finance Act 1992 (c. 20)

[^f00031]: 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

[^f00037]: 1993 c. 39

[^f00038]: See Article 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.))

[^f00039]: 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))

[^f00046]: S.I. 2002/2005

[^f00047]: 2001 c. 17; 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

[^f00048]: S.R. 2003 No. 28

[^f00049]: 1954 c. 33 (N.I.)

[^f00050]: Subsection (1A) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997

[^f00051]: S.I. 1986/595 (N.I. 4)

[^f00052]: 1953 c. 18 (N.I.)

[^f00053]: See, for regulation 10A and Schedule A1, paragraph 2(1) to (3) of Schedule 4 to S.R. 2006 No. 407

[^f00058]: 1999 c. 33

[^f00061]: S.I. 1992/1725 (N.I. 15)

[^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) and (3) of Schedule 4 to S.R. 2006 No. 407

[^f00076]: S.R. 2005 No. 580

[^f00077]: S.I. 2005/439

[^f00078]: Section 64 was amended by Article 63(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

[^f00079]: Section 77 was amended by Schedule 6 to the Tax Credits Act 2002, paragraph 88 of Schedule 24 to the Civil Partnership Act 2004 and paragraph 30 of Schedule 1 to the Child Benefit Act 2005

[^f00082]: Part XIIZB was inserted by Article 6 of the Employment (Northern Ireland) Order 2002

[^f00084]: S.I. 1979/925 (N.I. 9); amended by Article 22 of the Social Security (Northern Ireland) Order 1985 (S.I. 1985/1209 (N.I. 16))

[^f00086]: 1837 c. 2

[^f00087]: 1937 c. 32

[^f00088]: 1952 c. 37

[^f00089]: 1972 c. 7

[^f00090]: 1975 c. 82

[^f00091]: Section 17(1) was amended by paragraph 3(3) of the Schedule to S.R. 2006 No. 37

[^f00092]: S.R. 1979 No. 242

[^f00093]: 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 (S.I. 1994/1898 (N.I. 12))

[^f00094]: Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and amended by Article 61 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 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 and section 30D was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

[^f00095]: 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

[^f00096]: 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

[^f00097]: S.I. 1999/3110

[^f00098]: S.I. 1986/594 (N.I. 3)

[^f00099]: 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))

[^f00100]: Paragraph 2 was substituted by Article 4(2) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

[^f00101]: 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)

[^f00102]: See Article 3(6) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1))

[^f00103]: 1977 c. 49

[^f00104]: 1978 c. 29

[^f00106]: Section 167ZL was inserted by Article 6 of the Employment (Northern Ireland) Order 2002

[^f00107]: 2000 c. 4 (N.I.)

[^f00108]: S.I. 2001/1004

[^f00110]: 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))

[^f00111]: 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))

[^f00112]: 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))

[^f00113]: 1925 c. 34

[^f00114]: Section 55A was inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147(N.I. 11)) and amended by section 37(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

[^f00115]: 1966 c. 6 (N.I.); sections 35 and 36 continue in force by virtue of Schedules 1 and 2 to S.R. 1978 No. 105, relevant amending Rules are S.R. 1989 No. 373, S.R. 1995 No. 483, S.R. 1996 No. 289, S.R. 1999 No. 371 (C. 28), S.R. 2005 Nos. 121 and 541 and S.R. 2006 No. 109

[^f00116]: Section 55 was substituted by Article 273(1) of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1))

[^f00117]: Section 55C was substituted by Article 273(2) of the Pensions (Northern Ireland) Order 2005

[^f00119]: 1993 c. 49; see section 176(1)

[^f00120]: Schedule 5 was amended by paragraph 36 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993, paragraph 40 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), paragraphs 6(2) to (4) and 18(15) and (18) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)), section 35(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)), paragraphs 2 to 13 of Schedule 9 to the Pensions (Northern Ireland) Order 2005 and paragraph 6 of the Schedule to S.R. 2005 No. 434 and Schedule 5A was inserted by paragraph 14 of Schedule 9 to the Pensions (Northern Ireland) Order 2005

[^f00121]: 2004 c. 12

[^f00122]: 1980 c. 46

[^f00123]: S.R. 2003 No. 28

[^f00124]: 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

[^f00125]: 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

[^f00127]: S.I. 1986/595 (N.I. 4)

[^f00128]: Section 132 was amended by paragraph 41 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49)

[^f00129]: 1971 c. 33 (N.I.)

[^f00130]: S.I. 1987/1627 (N.I. 16)

[^f00131]: See, for Schedule A1, paragraph 2(2) and (3) of Schedule 4 to S.R. 2006 No. 407

[^f00132]: 2000 c. 4 (N.I.)

[^f00133]: 1955 c. 24 (N.I.)

[^f00134]: Section 73(3) was substituted by section 62 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))

[^f00135]: 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.))

[^f00136]: 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

[^f00137]: 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

[^f00138]: S.I. 1989/1341 (N.I. 12)

[^f00139]: 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)

[^f00140]: Cm 4904

[^f00141]: Subsections (5) and (7) were added by Article 15 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997

[^f00142]: Section 119A was inserted by Article 10 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997

[^f00143]: 1964 c. 33 (N.I.)

[^f00144]: S.I. 1986/1032 (N.I. 6)

[^f00148]: S.I. 1983/1118 (N.I. 15)

[^f00150]: S.I. 1981/156 (N.I. 3)

[^f00151]: S.R. 1979 No. 242

[^f00152]: 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))

[^f00153]: 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))

[^f00155]: 2001 c.17 (N.I.)

[^f00157]: S.I. 2006/1254 (N.I. 9)

[^f00158]: S.I. 2001/1004

[^f00159]: 1992 c. 39

[^f00160]: 1966 c. 45; section 2 was amended by section 2 of the Army Act 1992

[^f00161]: 2000 c.32

[^f00162]: 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

[^f00163]: 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)

[^f00164]: Sections 71 to 73 were amended by Article 64 of the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00165]: S.I. 2006/606

[^f00166]: 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

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

[^f00168]: 1865 c. 73

[^f00169]: 1884 c. 55

[^f00170]: 1977 c. 5

[^f00171]: 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

[^f00172]: 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

[^f00173]: Section 39A was inserted by Article 52(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00175]: S.R. 2003 No. 28

[^f00176]: 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))

[^f00181]: S.R. 1980 No. 346; Order 109 was added by S.R. 1986 No. 184

[^f00182]: S.R. 1981 No. 225

[^f00183]: S.I. 1980/397 (N.I. 3)

[^f00184]: S.R. 2001 No. 216

[^f00185]: Paragraph 7(2) of Schedule 10 was added by regulation 2(b) of S.R. 2002 No. 295

[^f00186]: Paragraph 12(2) of Schedule 7 was added by regulation 4 of S.R. 2002 No. 295

[^f00187]: S.R. 2003 No. 28; paragraph 20A of Schedule 5 was substituted by regulation 2(11)(f) of S.R. 2003 No. 421

[^f00188]: S.R. 1999 No. 162

[^f00189]: 1964 c. 33 (N.I.)

[^f00190]: S.R. 2003 No. 274

Editorial notes

[^key-0007dcfb716db7707480765e4489ba44]: Sch. 4 para. 7(2) added (4.4.2011 for specified purposes) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 (S.R. 2011/135), regs. 1(2), 13(a)(iii)

[^key-00650a4efa853d5556c8c946f54368d2]: Sch. 7 para. 28D inserted (6.4.2017) by The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2017 (S.R. 2017/66), art. 22(4), reg. 1(2)(c) (with arts. 2, 3)

[^key-007d5857e02d5bfbe8ec7cdb601e6696]: Reg. 53(2)(d): sum confirmed (1.4.2010 in so far as not already in operation, 5.4.2010 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), arts. 1(1)(j), 20(3)(b)(iv)

[^key-009e28ccc1ad4bc0a1d98f864afa017c]: Sch. 1 para. 3 in operation at 20.11.2006, see reg. 1(1)

[^key-0136f6211ef911e83c27e70835816200]: Sch. 7 para. 22(2)(e) added (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(13)(b)

[^key-0197fa792513c8a619ce26918c8f2fe7]: Words in Sch. 2 para. 6(1) substituted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(13)(a)(i)

[^key-0248b6bde8e55f17248d6521556e1509]: Sch. 7 para. 24 in operation at 20.11.2006, see reg. 1(1)

[^key-0276ef6037d591cfb2f0d4d9ed9269c0]: Words in Sch. 6 para. 1(d) substituted (2.11.2009) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009 (S.R. 2009/338), regs. 1(3), 7(5)(a)

[^key-02d21f190ae1da6ed801a6c39387c049]: Words in reg. 31(2A) inserted (18.2.2015) by The Housing Benefit (Income from earnings) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/19), regs. 1(1), 3(3)

[^key-02e77ea7d22596266d9d379356c18eb5]: Words in reg. 62(2) substituted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs., 3(2)(a)

[^key-031209813a8e2c77a443d239fd68149f]: Reg. 27(4)(d) added (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(5)

[^key-0323a55cc903059a845c4dbee83a45d1]: Sch. 6 para. 17 in operation at 20.11.2006, see reg. 1(1)

[^key-0346195b8f7309cd6464f06d33e584e7]: Words in reg. 34(2)(d) substituted (2.4.2012) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/121), regs. 1(2), 7(6)

[^key-039768056059ecc75f21d7bf02bd645b]: Words in reg. 62(1) inserted (1.5.2011) by The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 (S.R. 2011/136), regs. 1(1), 5(3)(a)

[^key-03a331185c9bd81192b2eb5297b2a7d8]: Words in reg. 37(8)(a)(ii) substituted (20.6.2016) by The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/230), regs. 1(1), 4(2)(b)(iii)

[^key-03a43e9a62b1651e17693fd56fc013a1]: Reg. 23 in operation at 20.11.2006, see reg. 1(1)

[^key-03e97420dadfc25bec106f1885a972b2]: Sch. 1 para. 6(2): sum confirmed (25.9.2017) by The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2017 (S.R. 2017/187), arts. 1, 22(4)(b), 28

[^key-048bec803e2f662ee2f593a52e48a74b]: Reg. 39 in operation at 20.11.2006, see reg. 1(1)

[^key-04d9532984d5bdd163ae8254997d30f1]: Words in reg. 3(4) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(3)

[^key-0541636ab55bab814a9e4e4cd218daa5]: Words in Sch. 7 para. 21(2)(i) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 6(7)(a)

[^key-05d885ebeca73eb62750348466e20b28]: Reg. 40 in operation at 20.11.2006, see reg. 1(1)

[^key-061a287efb84af8b7f36edfb4c4e2ab8]: Reg. 63 in operation at 20.11.2006, see reg. 1(1)