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The Employment and Support Allowance Regulations (Northern Ireland) 2008

Type Ni-Statutory-Rule

Publication 2008-07-01

Last updated 2026-02-01

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(2) For the purposes of the carer premium under paragraph 8, a claimant is to be treated as being in receipt of a carer’s allowance by virtue of sub-paragraph (1)(a) or carer support payment by virtue of sub-paragraph (1)(c) only if and for so long as the person in respect of whose care the allowance or payment has been claimed remains in receipt of—

(a) armed forces independence payment;

(b) attendance allowance;

(ba) pension age disability payment;

(bb) the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

(c) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act; ...

(ca) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or

(d) the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order.

Pensioner premium

5

The condition in respect of a pensioner premium is that the claimant or the claimant’s partner has attained the qualifying age for state pension credit.

Severe disability premium

6

(1) The condition in respect of a severe disability premium is that the claimant is a severely disabled person.

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

(a) in the case of a single claimant, a lone parent , a person who has no partner and who is responsible for and a member of the same household as a young person, or a claimant who is treated as having no partner in consequence of sub-paragraph (3)—

(i) the claimant is in receipt of armed forces independence payment, the care component , the daily living component , the daily living component of adult disability payment , the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 or attendance allowance , attendance allowance or pension age disability payment ,

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

(iii) no person is entitled to, and in receipt of, a carer’s allowance or carer support payment or has an award of universal credit which includes the carer element in respect of caring for the claimant;

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

(i) the claimant is in receipt of the care component , the daily living component , the daily living component of adult disability payment, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 or attendance allowance , attendance allowance or pension age disability payment ,

(ii) the claimant’s partner is also in receipt of armed forces independence payment, armed forces independence payment, the care component , the daily living component , the daily living component of adult disability payment , the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 , attendance allowance or pension age disability payment or, if the claimant is a member of a polygamous marriage, all the partners of that marriage are in receipt ofarmed forces independence payment, the care component, the daily living component , the daily living component of adult disability payment , attendance allowance or pension age disability payment, and

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

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

(3) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii) and that partner is blind or severely sight impaired or is treated as blind or severely sight impaired that partner is to be treated for the purposes of sub-paragraph (2) as if the partner were not a partner of the claimant.

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

(a) a person receiving armed forces independence payment, attendance allowance , pension age disability payment , the daily living component , the daily living component of adult disability payment , the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 or the care component;

(b) subject to sub-paragraph (7), a person who joins the claimant’s household for the first time in order to care for the claimant or the claimant’s partner and, immediately before so joining, the claimant or the claimant’s partner was treated as a severely disabled person; or

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

(a) as being in receipt of attendance allowance or the care component if the person would, but for the person being a patient for a period exceeding 28 days, be so in receipt;

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

(c) as being entitled to, and in receipt of, the daily living component if the person would, but for regulations under Article 91(1) of the 2015 Order (hospital in-patients), be so entitled and in receipt.

(d) as being entitled to, and in receipt of, the daily living component of adult disability payment if the person would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, be so in receipt

(e) as being in receipt of pension age disability payment if the person would, but for 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, be so in receipt.

(f) as being in receipt of Scottish adult disability living allowance if the person would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, be so in receipt.

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

(7) Sub-paragraph (4)(b) is to apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant’s household.

(8) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer’s allowance or as having an award of universal credit which includes the carer element are to include references to a person who would have been in receipt of that allowance or had such an award but for the application of a restriction under section 5B or 6 of the Social Security Fraud Act (Northern Ireland) 2001[^f00167] (loss of benefit for commission of benefit offences).

(9) In this paragraph—

“blind or severely sight impaired” means certified as blind or severely sight impaired by a consultant ophthalmologist and a person who has ceased to be certified as blind or severely sight impaired where that person’s eyesight has been regained is, nevertheless, to be treated as blind or severely sight impaired for a period of 28 weeks following the date on which the person ceased to be so certified;

“the care component” means the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act.

(10) For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.

Enhanced disability premium

7

(1) Subject to sub-paragraph (2), the condition in respect of an enhanced disability premium is that—

(a) the claimant’s applicable amount includes the support component; ...

(aa) armed forces independence payment in respect of—

(i) the claimant, or

(ii) the claimant’s partner (if any) who is aged less than the qualifying age for state pension credit; ...

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

(i) the claimant, or

(ii) the claimant’s partner (if any) who is aged less than the qualifying age for state pension credit; ...

(ba) the care component of Scottish adult disability living allowance is, or would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, be payable at the highest rate in accordance with regulation 6(4) of those Regulations in respect of—

(i) the claimant, or

(ii) the claimant’s partner (if any) who is aged less than the qualifying age for state pension credit;

(c) the daily living component is, or would, but for regulations made under Article 91(1) of the 2015 Order (hospital in-patients), be payable at the enhanced rate under Article 83(2) of that Order in respect of—

(i) the claimant, or

(ii) the claimant’s partner (if any) who is aged less than the qualifying age for state pension credit.

(ca) the daily living component of adult disability payment is, or would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, be payable at the enhanced rate under section 78(2) of those Regulations in respect of—

(i) the claimant; or

(ii) the claimant’s partner (if any) who is aged less than the qualifying age for state pension credit; or

(2) An enhanced disability premium is not applicable in respect of—

(a) a claimant who—

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

(ii) is a patient within the meaning of regulation 69(2) and has been for a period of more than 52 weeks; or

(b) a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 69(2) and has been for a period of more than 52 weeks.

Carer premium

8

(1) Subject to sub-paragraphs (2) and (4), the condition in respect of a carer premium is that the claimant or the claimant’s partner is, or both of them are, entitled to a carer’s allowance under section 70 of the Contributions and Benefits Act or carer support payment .

(2) Where a carer premium is awarded but—

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

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

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

(3) The relevant date for the purposes of sub-paragraph (2) is—

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

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

(4) Where a person who has been entitled to a carer’s allowance or carer support payment ceases to be entitled to that allowance or payment and makes a claim for an income-related allowance, the condition for the award of the carer premium is to be treated as satisfied for a period of 8 weeks from the date on which—

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

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

Persons in receipt of concessionary payments

9

For the purpose of determining whether a premium is applicable to a person under paragraphs 6 to 8, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs is to be treated as if it were a payment of that benefit.

Persons in receipt of benefit

10

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

PART 3 — WEEKLY AMOUNT OF PREMIUMS SPECIFIED IN PART 2

11

(1) Pensioner premium for a person to whom paragraph 5 applies who—

PART 4 — (THE COMPONENT)

12

The amount of the work-related activity component is £36.55.

13

The amount of the support component is £48.50

SCHEDULE 5 — Special Cases

PART 1 — AMOUNTS PRESCRIBED FOR THE PURPOSES OF SECTION4(2)OFTHEACT

Claimants without accommodation

1

A claimant who is without accommodation.

1

The amount applicable to the claimant under regulation 67(1)(a).

Members of religious orders

2

A claimant who is a member of, and fully maintained by, a religious order.

2

Nil.

Prisoners

3

A claimant—

3

Specified cases of temporarily separated couples

4

A claimant who is a member of a couple and who is temporarily separated from the claimant’s partner where—

(a) one member of the couple is—

(i) not a patient but is residing in a residential care home, a nursing home, an Abbeyfield Home or an independent hospital,

(ii) resident in premises used for the rehabilitation of alcoholics or drug addicts,

(iii) participating in arrangements for training or rehabilitation provided under sections 2 and 3 of the Disabled Persons (Employment) Act or arranged under section 1(1) of the Employment and Training Act where the person is required to live away from the dwelling occupied as the home, or

(iv) in a probation hostel or other establishment for use in connection with the supervision and assistance of offenders or a bail hostel, provided and maintained, or under arrangements entered into, by the Probation Board for Northern Ireland with the approval of the Secretary of State; and

(b) the other member of the couple is—

(i) living in the dwelling occupied as the home,

(ii) a patient, or

(iii) residing in a residential care home, a nursing home, an Abbeyfield Home or an independent hospital.

4

Either—

(a) the amount applicable to the claimant as a member of a couple under regulation 67(1); or

(b) the aggregate of the claimant’s applicable amount and that of the claimant’s partner assessed under the provisions of these Regulations as if each of them were a single claimant , a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person

whichever is the greater.

Polygamous marriage where one or more partners are temporarily separated

5

A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner, where one of them is living in the home where the other member is—

(a) not a patient but is residing in a residential care home, a nursing home, an Abbeyfield Home or an independent hospital;

(b) resident in premises used for the rehabilitation of alcoholics or drug addicts;

(c) attending a course of training or instruction provided or approved by the Department for Employment and Learning where the course requires the person to live away from home; or

(d) in a probation hostel or other establishment for use in connection with the supervision and assistance of offenders or a bail hostel, provided and maintained, or under arrangements entered into, by the Probation Board for Northern Ireland with the approval of the Secretary of State.

5

Either—

(a) the amount applicable to the members of the polygamous marriage under regulation 68; or

(b) the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 68 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant , a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person

whichever is the greater.

Couple where one member is abroad

6

Subject to paragraph 7, a claimant who is a member of a couple where one member of the couple is temporarily absent from the United Kingdom.

6

For the first 4 weeks of that absence, the amount applicable to them as a couple under regulation 67(1) or 69 as the case may be, and thereafter, the amount applicable to the claimant in Northern Ireland under regulation 67(1) or 69 as the case may be, as if the claimant were a single claimant , a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person .

Couple or member of couple taking child or young person abroad for treatment

7

(1) A claimant who is a member of a couple where either—

(a) the claimant or the claimant’s partner is; or

(b) both the claimant and the claimant’s partner are,

absent from the United Kingdom in the circumstances specified in sub-paragraph (2).

(2) For the purposes of sub-paragraph (1) the specified circumstances are—

(a) in respect of a claimant those in regulation 153(1)(a), (b), (c)(ii), (d) and (e);

(b) in respect of a claimant’s partner, as if regulation 153(1)(a), (b), (c)(ii), (d) and (e) applied to that partner.

7

For the first 26 weeks of that absence, the amount applicable to the claimant under regulation 67(1) or 69 as the case may be, and thereafter, if the claimant is in Northern Ireland, the amount applicable to the claimant under regulation 67(1) or 69 as the case may be, as if the claimant were a single claimant , a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person .

Polygamous marriage where any member is abroad

8

Subject to paragraph 9, a claimant who is a member of a polygamous marriage where one or more members of the marriage are temporarily absent from the United Kingdom.

8

For the first 4 weeks of that absence, the amount applicable to the claimant under regulation 68 or 69 as the case may be, and thereafter, if the claimant is in Northern Ireland, the amount applicable to the claimant under regulation 68 or 69, as the case may be, as if any members of the polygamous marriage not in the United Kingdom were not a member of the marriage.

Polygamous marriage: taking child or young person abroad for treatment

9

(1) A claimant who is a member of a polygamous marriage where one or more members of the marriage are absent from the United Kingdom in the circumstances specified in sub-paragraph (2).

(2) For the purposes of sub-paragraph (1) the specified circumstances are—

(a) in respect of a claimant, those in regulation 153(1)(a), (b), (c)(ii), (d) and (e);

(b) in respect of a claimant’s partner or partners, as the case may be, as if regulation 153(1)(a), (b), (c)(ii), (d) and (e) applied to that partner or those partners.

9

For the first 26 weeks of that absence, the amount applicable to the claimant under regulation 68 or 69 as the case may be, and thereafter, if the claimant is in Northern Ireland, the amount applicable to the claimant under regulation 68 or 69 as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.

Partner of a person subject to immigration control

10

A claimant—

10

Person from abroad

11

Person from abroad.

11

Nil.

PART 2 — AMOUNTS PRESCRIBED FOR THE PURPOSES OF SECTIONS2(1)AND4(2)OF THE ACT

Patients

12

A person serving a sentence of imprisonment detained in hospital.

12

The amount applicable under regulation 67(2) and the amount of nil under regulation 67(3).

13

Subject to paragraph 12, a single claimant who has been a patient for a continuous period of more than 52 weeks or, where the claimant is one of a couple, each member of the couple has been a patient for a continuous period of more than 52 weeks.

13

The amounts applicable under regulation 67(1)(a), (c) and (2) and the amount of nil under regulation 67(3).

Person in hardship

14

Where regulation 157 applies, a claimant who is a person in hardship.

14

The amount to which the claimant is entitled under regulation 67(1)(a) and (2) or 68(1)(a) is to be reduced by 20 per cent.

SCHEDULE 6 — Housing Costs

Housing costs

1

(1) Subject to the following provisions of this Schedule, the housing costs applicable to a claimant are those costs—

(a) which the claimant or, where the claimant has a partner, that partner is, in accordance with paragraph 4, liable to meet in respect of the dwelling occupied as the home which the claimant or that claimant’s partner is treated as occupying; and

(b) which qualify under paragraph 18 .

(2) In this Schedule—

“housing costs” means those costs to which sub-paragraph (1) refers;

(3) For the purposes of this Schedule a disabled person is a person—

(i) in respect of whom the main phase employment and support allowance is payable to the claimant or to a person living with the claimant; or

(ii) where they are the claimant or a person living with the claimant, in respect of whom there would be entitlement to an employment and support allowance..., but for the application of section 1A of the Act (duration of contributory allowance);

(b) who, had that person been entitled to income support, would have satisfied the requirements of paragraph 12 of Schedule 2 to the Income Support Regulations (additional condition for the disability premium);

(d) who is disabled or severely disabled for the purposes of section 9(6) of the Tax Credits Act (maximum rate) ; or

(e) who is entitled to an award of universal credit the calculation of which and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 40 and 41 of the Universal Credit Regulations (Northern Ireland) 2016 ;

(3A) For the purposes of this Schedule a claimant is a “work or training beneficiary” on any day in a linking term where the claimant—

(a) had limited capability for work—

(i) for more than 13 weeks in the most recent past period of limited capability for work, or

(ii) for 13 weeks or less in the most recent past period of limited capability for work where the claimant became entitled to an award of an employment and support allowance by virtue of a conversion decision which took effect from the commencement of the most recent past period of limited capability for work;

(b) ceased to be entitled to an allowance or advantage at the end of that most recent past period of limited capability for work; and

(3B) A claimant is not a work or training beneficiary if—

(a) the most recent past period of limited capability for work was ended by a determination that the claimant did not have limited capability for work; and

(b) that determination was on the basis of a limited capability for work assessment.

(3C) In sub-paragraphs (3A) and (3B)—

“allowance or advantage” means any allowance or advantage under the Act or the Contributions and Benefits Act for which entitlement is dependent on limited capability for work;

“conversion decision” has the meaning given in regulation 5(2)(a) of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010;

“linking term” means a period of 104 weeks from the first day immediately following the last day in a period of limited capability for work;

“most recent past period of limited capability for work” means the period of limited capability for work which most recently precedes the period in respect of which the current claim is made, including any period of which that previous period is treated as a continuation by virtue of regulation 145(1) (linking rules); and

“work” means work other than work under regulation 45 (exempt work), for which payment is made or which is done in expectation of payment.

(4) For the purposes of sub-paragraph (3), a person shall not cease to be a disabled person on account of that person being disqualified for receiving benefit or treated as not having limited capability for work by virtue of the operation of section 18(1) to (3) of the Act.

Remunerative work

2

(1) Subject to sub-paragraphs (2) to (8) of this paragraph, a non-dependant (referred to in this paragraph as “person”) is to be treated for the purposes of this Schedule as engaged in remunerative work if that person is engaged or, where the person’s hours of work fluctuate, is engaged on average, for not less than 16 hours a week, being work for which payment is made or which is done in expectation of payment.

(2) Subject to sub-paragraph (3), in determining the number of hours for which a person is engaged in work where that person’s hours of work fluctuate, regard is to be had to the average of hours worked over—

(a) if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does no work, those periods but disregarding any other absences);

(b) in any other case, the period of 5 weeks immediately prior to the date of claim, or such other length of time as may, in the particular case, enable the person’s weekly average hours of work to be determined more accurately.

(3) Where no recognisable cycle has been established in respect of a person’s work, regard is to be had to the number of hours or, where those hours fluctuate, the average of the hours, which that person is expected to work in a week.

(4) A person is to be treated as engaged in remunerative work during any period for which that person is absent from work referred to in sub-paragraph (1) if the absence is either without good cause or by reason of a recognised, customary or other holiday.

(5) A person is not to be treated as engaged in remunerative work on any day on which the person is on maternity leave, paternity leave , shared parental leave , parental bereavement leave or adoption leave or is absent from work because the person is ill.

(6) For the purposes of this paragraph, in determining the number of hours in which a person is engaged or treated as engaged in remunerative work, no account is to be taken of any hours in which the person is engaged in an employment or a scheme to which regulation 43(1) (circumstances under which partners of persons entitled to an income-related allowance are not to be treated as engaged in remunerative work) applies.

(7) For the purposes of sub-paragraphs (1) and (2), in determining the number of hours for which a person is engaged in work, that number is to include any time allowed to that person by that person’s employer for a meal or for refreshment, but only where that person is, or expects to be, paid earnings in respect of that time.

(8) A person is to be treated as not being engaged in remunerative work on any day in which that person falls within the circumstances prescribed in regulation 43(2) (circumstances under which partners of claimants entitled to an income-related allowance are not to be treated as engaged in remunerative work).

(9) Whether a claimant or the claimant’s partner is engaged in, or to be treated as being engaged in, remunerative work is to be determined in accordance with regulation 41 or, as the case may be, 42 (meaning of “remunerative work” for the purposes of paragraph 6(1)(e) and (f) of Schedule 1 to the Act).

3

(1) Where the claimant or the claimant’s partner was in receipt of, or was treated as being in receipt of, an income-based jobseeker’s allowance or income support not more than 12 weeks before one of them becomes entitled to an income-related allowance or, where the claimant or the claimant’s partner is a person to whom paragraph 15(2) or (13) (linking rules) refers, not more than 26 weeks before becoming so entitled and—

(a) the applicable amount for that income-based jobseeker’s allowance or income support included an amount in respect of housing costs under paragraph 16 of Schedule 2 of Schedule 2 to the Jobseeker’s Allowance Regulations[^f00170] or, as the case may be, paragraph 17 of Schedule 3 to the Income Support Regulations[^f00171]; and

(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for an income-related allowance is to be the applicable amount in respect of those costs current when entitlement to an income-based jobseeker’s allowance or income support was last determined.

(2) Where the claimant or the claimant’s partner was in receipt of state pension credit not more than 12 weeks before one of them becomes entitled to an income-related allowance or, where the claimant or the claimant’s partner is a person to whom paragraph 15(2) or (13) (linking rules) refers, not more than 26 weeks before becoming so entitled and—

(a) the appropriate minimum guarantee included an amount in respect of housing costs under paragraph 13 of Schedule 2 to the State Pension Credit Regulations (Northern Ireland) 2003[^f00172]; and

(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for an income-related allowance is to be the applicable amount in respect of those costs current when entitlement to state pension credit was last determined.

(3) Where, in the period since housing costs were last calculated for an income-based jobseeker’s allowance, income support or, as the case may be, state pension credit, there has been a change of circumstances, other than a reduction in the amount of an outstanding loan, which increases or reduces those costs, the amount to be met under this Schedule must, for the purposes of the claim for an income-related allowance, be recalculated so as to take account of that change.

Circumstances in which a person is liable to meet housing costs

4

A person is liable to meet housing costs where—

(a) the liability falls upon that person or that person’s partner but not where the liability is to a member of the same household as the person on whom the liability falls;

(b) because the person liable to meet the housing costs is not meeting them, the claimant has to meet those costs in order to continue to live in the dwelling occupied as the home and it is reasonable in all the circumstances to treat the claimant as liable to meet those costs;

(c) in practice the claimant shares the housing costs with other members of the household none of whom are close relatives either of the claimant or the claimant’s partner and—

(i) one or more of those members is liable to meet those costs, and

(ii) it is reasonable in the circumstances to treat the claimant as sharing responsibility.

Circumstances in which a person is to be treated as occupying a dwelling as the home

5

(1) Subject to the following provisions of this paragraph, a person is to be treated as occupying as the home the dwelling normally occupied as the home by that person or, if that person is a member of a family, by that person and that person’s family and that person is not to be treated as occupying any other dwelling as the home.

(2) In determining whether a dwelling is the dwelling normally occupied as the claimant’s home for the purposes of sub-paragraph (1) regard must be had to any other dwelling occupied by the claimant or by the claimant and that claimant’s family whether or not that other dwelling is in Northern Ireland.

(3) Subject to sub-paragraph (4), where a claimant who has no partner is a full-time student or is on a training course and is liable to make payments (including payments of mortgage interest or analogous payments) in respect of either (but not both) the dwelling which that claimant occupies for the purpose of attending the course of study or the training course or, as the case may be, the dwelling which that claimant occupies when not attending that course, that claimant is to be treated as occupying as the home the dwelling in respect of which that claimant is liable to make payments.

(4) A full-time student is not to be treated as occupying a dwelling as that student’s home for any week of absence from it, other than an absence occasioned by the need to enter hospital for treatment, outside the period of study, if the main purposes of that student’s occupation during the period of study would be to facilitate attendance on that student’s course.

(5) Where the claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as the home and that claimant is liable to make payments (including payments of mortgage interest or analogous payments) in respect of either (but not both) the dwelling normally occupied or the temporary accommodation, that claimant must be treated as occupying as the home the dwelling in respect of which that claimant is liable to make those payments.

(6) Where the claimant is liable to make payments in respect of 2 (but not more than 2) dwellings, that claimant must be treated as occupying both dwellings as the home only—

(a) where that claimant has left and remains absent from the former dwelling occupied as the home through fear of violence in that dwelling or of violence by a former member of the claimant’s family and it is reasonable that housing costs should be met in respect of both that claimant’s former dwelling and that claimant’s present dwelling occupied as the home;

(b) in the case of a couple or a member of a polygamous marriage where a partner is a full-time student or is on a training course and it is unavoidable that that student or they should occupy 2 separate dwellings and it is reasonable that housing costs should be met in respect of both dwellings; or

(c) in the case where a claimant has moved into a new dwelling occupied as the home, except where sub-paragraph (5) applies, for a period not exceeding 4 benefit weeks from the first day of the benefit week in which the move occurs if that claimant’s liability to make payments in respect of 2 dwellings is unavoidable.

(7) Where—

(a) the claimant has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in;

(b) that claimant had claimed an income-related allowance before moving in and either that claim has not yet been determined or it has been determined but an amount has not been included under this Schedule and if the claim has been refused a further claim has been made within 4 weeks of the date on which the claimant moved into the new dwelling occupied as the home; and

(c) the delay in moving into the dwelling in respect of which there was liability to make payments before moving in was reasonable and—

(i) that delay was necessary in order to adapt the dwelling to meet the disablement needs of the claimant or any member of the claimant’s family,

(ii) the move was delayed pending the outcome of an application for a social fund payment under Part 8 of the Contributions and Benefits Act to meet a need arising out of the move or in connection with setting up the home in the dwelling, and—

(aa) a member of the claimant’s family is aged 5 or under,

(bb) the claimant is a person in respect of whom the main phase employment and support allowance is payable,

(cc) the claimant’s applicable amount includes a pensioner premium,

(dd) the claimant’s applicable amount includes a severe disability premium, or

(ee) a child tax credit is payable for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) of the Tax Credits Act, or

(iii) the claimant became liable to make payments in respect of the dwelling while that claimant was a patient or was in residential accommodation,

that claimant is to be treated as occupying the dwelling as the home for any period not exceeding 4 weeks immediately prior to the date on which that claimant moved into the dwelling and in respect of which that claimant was liable to make payments.

(8) This sub-paragraph applies to a claimant who enters residential accommodation—

(a) for the purpose of ascertaining whether the accommodation suits that claimant’s needs; and

(b) with the intention of returning to the dwelling which that claimant normally occupies as the home should, in the event, the residential accommodation prove not to suit that claimant’s needs,

and while in the accommodation, the part of the dwelling which that claimant normally occupies as the home is not let or sub-let to another person.

(9) A claimant to whom sub-paragraph (8) applies is to be treated as occupying the dwelling that the claimant normally occupies as the home during any period (commencing on the day that claimant enters the accommodation) not exceeding 13 weeks in which the claimant is resident in the accommodation, but only in so far as the total absence from the dwelling does not exceed 52 weeks.

(10) A claimant, other than a claimant to whom sub-paragraph (11) applies, is to be treated as occupying a dwelling as the home throughout any period of absence not exceeding 13 weeks, if, and only if—

(a) that claimant intends to return to occupy the dwelling as the home;

(b) the part of the dwelling normally occupied by that claimant has not been let or sub-let to another person; and

(11) This sub-paragraph applies to a claimant whose absence from the dwelling that that claimant normally occupies as the home is temporary and—

(a) that claimant intends to return to occupy the dwelling as the home;

(b) the part of the dwelling normally occupied by that claimant has not been let or sub-let; and

(i) detained in custody on remand pending trial or, as a condition of bail, required to reside in a dwelling other than the dwelling that claimant occupies as the home, or detained pending sentence upon conviction,

(ii) resident in a hospital or similar institution as a patient,

(iii) undergoing or, as the case may be, that claimant’s partner or dependent child is undergoing, in the United Kingdom or elsewhere, medical treatment or medically approved convalescence, in accommodation other than residential accommodation,

(iv) following, in the United Kingdom or elsewhere, a training course,

(v) undertaking medically approved care of a person residing in the United Kingdom or elsewhere,

(vi) undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment,

(vii) receiving, whether in the United Kingdom or elsewhere, medically approved care provided in accommodation other than residential accommodation;

(viii) a full-time student to whom sub-paragraph (3) or (6)(b) does not apply,

(ix) receiving care provided in residential accommodation, other than where sub-paragraph (8) applies, or

(x) a claimant to whom sub-paragraph (6)(a) does not apply and who has left the dwelling which that claimant occupies as the home through fear of violence in that dwelling, or by a person who was formerly a member of that claimant’s family; and

(d) the period of that claimant’s absence is unlikely to exceed a period of 52 weeks, or in exceptional circumstances, is unlikely substantially to exceed that period.

(12) A claimant to whom sub-paragraph (11) applies is to be treated as occupying the dwelling which that claimant normally occupies as the home during any period of absence not exceeding 52 weeks beginning with the first day of that absence.

(13) In this paragraph—

“medically approved” means certified by a medical practitioner;

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

“period of study” has the meaning given in regulation 131 (interpretation);

“residential accommodation” means accommodation which is a residential care home, a nursing home, an Abbeyfield Home or an independent hospital;

“training course” means such 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.

Housing costs not met

6

(1) No amount may be met under the provisions of this Schedule—

(a) in respect of housing benefit expenditure; or

(b) where the claimant is living in a residential care home, a nursing home, an Abbeyfield Home or an independent hospital except where the claimant is living in such a home or hospital during a temporary absence from the dwelling which the claimant occupies as the home and in so far as they relate to temporary absences, the provisions of paragraph 5(8) to (12) apply to that claimant during that absence.

(2) Subject to the following provisions of this paragraph, loans which, apart from this paragraph, qualify under paragraph 16 must not so qualify where the loan was incurred during the relevant period and was incurred—

(a) after 27th October 2008;

(b) after 2nd May 1994 and the housing costs applicable to that loan were not met by virtue of the former paragraph 5A of Schedule 3 to the Income Support Regulations[^f00173], or paragraph 4(2)(a) of that Schedule, paragraph 4(2)(a) of Schedule 2 to the Jobseeker’s Allowance Regulations or paragraph 5(2)(a) of Schedule 2 to the State Pension Credit Regulations (Northern Ireland) 2003; or

(i) who was not at that time entitled to income support, income-based jobseeker’s allowance or state pension credit, and

(ii) who becomes, or whose partner becomes, entitled to an income-related allowance after 27th October 2008 and that entitlement is within 26 weeks of an earlier entitlement to income support, an income-based jobseeker’s allowance or state pension credit of the claimant or the claimant’s partner.

(3) Sub-paragraph (2)(c) shall not apply in respect of a loan where the claimant has interest payments on that loan met without restrictions under an award of income support in respect of a period commencing before 27th October 2008.

(4) The “relevant period” for the purposes of this paragraph is any period during which the person to whom the loan was made—

(a) is entitled to an income-related allowance, an income-based jobseeker’s allowance, income support or state pension credit; or

(b) has a partner and the partner is entitled to an income-related allowance, an income-based jobseeker’s allowance, income support or state pension credit,

together with any linked period, that is to say a period falling between 2 periods separated by not more than 26 weeks in which either head (a) or (b) is satisfied.

(5) For the purposes of sub-paragraph (4), a person is to be treated as entitled to an income-related allowance during any period when that person or that person’s partner was not so entitled because—

(a) that person or that person’s partner was participating in an employment programme specified in regulation 75(1)(a) of the Jobseeker’s Allowance Regulations[^f00174]; and

(b) in consequence of such participation that person or that person’s partner was engaged in remunerative work or had an income equal to or in excess of the claimant’s applicable amount as prescribed in Part 9.

(6) A person treated by virtue of paragraph 15 as being in receipt of an income-related allowance for the purposes of this Schedule is not to be treated as entitled to an income-related allowance for the purposes of sub-paragraph (4).

(7) For the purposes of sub-paragraph (4)—

(a) any week in the period of 26 weeks ending on 1st October 1995 in which there arose an entitlement to income support such as is mentioned in that sub-paragraph must be taken into account in determining when the relevant period commences; and

(b) two or more periods of entitlement and any intervening linked periods must together form a single relevant period.

(8) Where the loan to which sub-paragraph (2) refers has been applied—

(a) for paying off an earlier loan, and that earlier loan qualified under paragraph 16 during the relevant period; or

(b) to finance the purchase of a property where an earlier loan, which qualified under paragraph 16 or 17 during the relevant period in respect of another property, is paid off (in whole or in part) with monies received from the sale of that property,

then the amount of the loan to which sub-paragraph (2) applies is the amount (if any) by which the new loan exceeds the earlier loan.

(9) Notwithstanding the preceding provisions of this paragraph, housing costs must be met in any case where a claimant satisfies any of the conditions specified in sub-paragraphs (10) to (13), but—

(a) those costs must be subject to any additional limitations imposed by the sub-paragraph; and

(b) where the claimant satisfies the conditions in more than one of these sub-paragraphs, only one of them shall apply in that claimant’s case and the one that applies shall be the one most favourable to the claimant.

(10) The conditions specified in this sub-paragraph are that—

(a) during the relevant period the claimant or a member of the claimant’s family acquires an interest (“the relevant interest”) in a dwelling which that claimant then occupies or continues to occupy, as the home; and

(b) in the week preceding the week in which the relevant interest was acquired, housing benefit was payable to the claimant or a member of the claimant’s family,

so however that the amount to be met by way of housing costs shall initially not exceed the aggregate of—

(i) the housing benefit payable in the first week mentioned at head (b), and

(ii) any amount included in the applicable amount of the claimant or a member of the claimant’s family in accordance with regulation 67(1)(c) or 68(1)(d) in that week,

and is to be increased subsequently only to the extent that it is necessary to take account of any increase, arising after the date of the acquisition, in the standard rate or in any housing costs which qualify under paragraph 18 (other housing costs).

(11) The condition specified in this sub-paragraph is that the loan was taken out, or an existing loan increased, to acquire alternative accommodation more suited to the special needs of a disabled person than the accommodation which was occupied before the acquisition by the claimant.

(12) The conditions specified in this sub-paragraph are that—

(a) the loan commitment increased in consequence of the disposal of the dwelling occupied as the home and the acquisition of an alternative such dwelling; and

(b) the change of dwelling was made solely by reason of the need to provide separate sleeping accommodation for persons of different sexes aged 10 or over but under the age of 20 who belong to the same family as the claimant.

(13) The conditions specified in this sub-paragraph are that—

(a) during the relevant period the claimant or a member of the claimant’s family acquires an interest (“the relevant interest”) in a dwelling which that claimant then occupies as the home; and

(b) in the week preceding the week in which the relevant interest was acquired, the applicable amount of the claimant or a member of the claimant’s family included an amount determined by reference to paragraph 18 and did not include any amount specified in paragraph 16 or 17,

so however that the amount to be met by way of housing costs shall initially not exceed the amount so determined, and shall be increased subsequently only to the extent that it is necessary to take account of any increase, arising after the date of acquisition, in the standard rate or in any housing costs which qualify under paragraph 18.

(14) The following provisions of this Schedule shall have effect subject to the provisions of this paragraph.

Apportionment of housing costs

7

(1) Where, for the purposes of Article 4 of, and Schedule 5 to, the Rates (Northern Ireland) Order 1977[^f00175], it appears to the Department of Finance and Personnel, or it is deemed in pursuance of paragraphs 2 to 4 of that Schedule that the hereditament includes the home and that only a proportion of the rateable value of the hereditament is attributable to use for the purpose of a private dwelling, the amounts applicable under this Schedule are to be such proportion of the amounts applicable in respect of the hereditament or premises as a whole as is equal to the proportion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private tenancy.

(2) Where responsibility for expenditure which relates to housing costs met under this Schedule is shared, the amounts applicable are to be calculated by reference to the appropriate proportion of that expenditure for which the claimant is responsible.

Existing housing costs

8

(1) Subject to the provisions of this Schedule, the existing housing costs to be met in any particular case are—

(a) where the claimant has been entitled to an employment and support allowance for a continuous period of 26 weeks or more, the aggregate of—

(i) an amount determined in the manner set out in paragraph 11 by applying the standard rate to the eligible capital for the time being owing in connection with a loan which qualifies under paragraph 16 or 17, and

(ii) an amount equal to any payments which qualify under paragraph 18(1)(a) to (c);

(b) where the claimant has been entitled to an employment and support allowance for a continuous period of not less than 8 weeks but less than 26 weeks, an amount which is half the amount which would fall to be met by applying the provisions of head(a);

(2) For the purposes of sub-paragraph (1) and subject to sub-paragraph (3), the eligible capital for the time being owing is to be determined on the date the existing housing costs are first met and thereafter on each anniversary of that date.

(3) Where a claimant or that claimant’s partner ceases to be in receipt of or treated as being in receipt of income support, income-based jobseeker’s allowance or state pension credit and one of them becomes entitled to an income-related allowance in a case to which paragraph 3 applies, the eligible capital for the time being owing is to be recalculated on each anniversary of the date on which the housing costs were first met for whichever of the benefits concerned the claimant or the claimant’s partner was first entitled.

New housing costs

9

(1) Subject to the provisions of this Schedule, the ...housing costs to be met in any particular case are—

(a) where the claimant has been entitled to an employment and support allowance for a continuous period of 39 weeks or more, an amount—

(i) determined in the manner set out in paragraph 11 by applying the standard rate to the eligible capital for the time being owing in connection with a loan which qualifies under paragraph 16 or 17, and

(ii) equal to any payments which qualify under paragraph 18(1)(a) to (c);

(b) in any other case, nil.

(2) For the purposes of sub-paragraph (1) and subject to sub-paragraph (3), the eligible capital for the time being owing is to be determined on the date the ...housing costs are first met and thereafter on each anniversary of that date.

(3) Where a claimant or that claimant’s partner ceases to be in receipt of or treated as being in receipt of income support, income-based jobseeker’s allowance or state pension credit and one of them becomes entitled to an income-related allowance in a case to which paragraph 3 applies, the eligible capital for the time being owing is to be recalculated on each anniversary of the date on which the housing costs were first met for whichever of the benefits concerned the claimant or that claimant’s partner was first entitled.

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

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

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

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

General exclusions from paragraphs 8 and 9

10

(1) Paragraph 9 shall not apply where—

(a) the claimant or the claimant’s partner has attained the qualifying age for state pension credit;

(b) the housing costs are payments, where the dwelling occupied as the home is a tent, in respect of the tent and the site on which it stands.

(2) In a case falling within sub-paragraph (1), the housing costs to be met are—

(a) where head (a) of that sub-paragraph applies, an amount—

(i) determined in the manner set out in paragraph 11 by applying the standard rate to the eligible capital for the time being owing in connection with a loan which qualifies under paragraph 16 or 17, and

(ii) equal to the payments which qualify under paragraph 18;

(b) where head (b) of that sub-paragraph applies, an amount equal to the payments which qualify under paragraph 18(1)(d).

The calculation for loans

11

The weekly amount of housing costs is the amount calculated by applying the formula—

$A x B52$

General provisions applying to new and existing housing costs

12

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

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

(3) Where for the time being a loan exceeds, or in a case where more than one loan is to be taken into account, the aggregate of those loans exceeds the appropriate amount specified in sub-paragraph (4), then the amount of the loan or, as the case may be, the aggregate amount of those loans, shall for the purposes of this Schedule, be the appropriate amount.

(4) £100,000.

(5) Where a claimant is treated under paragraph 5(6) as occupying 2 dwellings as the home, then the restrictions imposed by sub-paragraph (3) are to be applied separately to the loans for each dwelling.

(6) In a case to which paragraph 7 applies, the appropriate amount for the purposes of sub-paragraph (3) is to be the lower of—

(b) the sum for the time being specified in sub-paragraph (4).

(7) In a case to which paragraph 16(3) or 17(3) applies, the appropriate amount for the purposes of sub-paragraph (3) is to be the lower of—

(a) a sum representing for the time being the part of the loan applied for the purposes specified in paragraph 16(1) or, as the case may be, paragraph 17(1); or

(b) the sum for the time being specified in sub-paragraph (4).

(8) In the case of any loan to which paragraph 17(2)(k) applies the whole of the loan, to the extent that it remains unpaid, is to be disregarded in determining whether the amount for the time being specified in sub-paragraph (4) is exceeded.

(9) Where in any case the amount for the time being specified for the purposes of sub-paragraph (4) is exceeded and there are 2 or more loans to be taken into account under either or both paragraphs 16 and 17, then the amount of eligible interest in respect of each of those loans to the extent that the loans remain outstanding is to be determined as if each loan had been reduced to a sum equal to the qualifying portion of that loan.

(10) The qualifying portion of a loan shall be determined by applying the formula—

$R x ST$

(11) Sub-paragraph (12) applies to a person who, had the person been entitled to income support and not an employment and support allowance, would have been a person to whom any of the following transitional or savings provisions would have applied—

(a) regulation 4 of the Income Support (General) (Amendment No. 4) Regulations (Northern Ireland) 1993 (“the 1993 Regulations”);

(b) regulation 3 of the Income-Related Benefits (Miscellaneous Amendments) Regulations (Northern Ireland) 1995 (“the 1995 Regulations”).

(12) Where this sub-paragraph applies, the amount of housing costs applicable in the particular case is to be determined as if—

(a) in a case to which regulation 4(1) of the 1993 Regulations would have applied, sub-paragraphs (4) to (9) do not apply;

(b) in a case to which regulation 4(4) of the 1993 Regulations would have applied, the appropriate amount is £150,000; and

The standard rate

13

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

Excessive housing costs

14

(1) Housing costs which, apart from this paragraph, fall to be met under this Schedule are to be met only to the extent specified in sub-paragraph (3) where—

(a) the dwelling occupied as the home, excluding any part which is let, is larger than is required by the claimant, that claimant’s partner (if the claimant has a partner), any person under the age of 20 and any other non-dependants having regard, in particular, to suitable alternative accommodation occupied by a household of the same size;

(b) the immediate area in which the dwelling occupied as the home is located is more expensive than other areas in which suitable alternative accommodation exists; or

(c) the outgoings of the dwelling occupied as the home which are met under paragraphs 16 to 18 are higher than the outgoings of suitable alternative accommodation in the area.

(2) For the purposes of sub-paragraph (1), no regard is to be had to the capital value of the dwelling occupied as the home.

(3) Subject to the following provisions of this paragraph, the amount of the loan which falls to be met is to be restricted and the excess over the amounts which the claimant would need to obtain suitable alternative accommodation shall not be allowed.

(4) Where, having regard to the relevant factors, it is not reasonable to expect the claimant and the claimant’s partner to seek alternative cheaper accommodation, no restriction is to be made under sub-paragraph (3).

(5) In sub-paragraph (4) “the relevant factors” are—

(a) the availability of suitable accommodation and the level of housing costs in the area; and

(b) the circumstances of the claimant and those who live with the claimant, including, in particular, the age and state of health of any of those persons, the employment prospects of the claimant and, where a change in accommodation is likely to result in a change of school, the effect on the education of any person under the age of 20 who lives with the claimant.

(6) Where sub-paragraph (4) does not apply and the claimant or the claimant’s partner was able to meet the financial commitments for the dwelling occupied as the home when these were entered into, no restriction is to be made under this paragraph during the 26 weeks immediately following the date on which—

(a) the claimant became entitled to an income-related allowance where the claimant’s housing costs fell within one of the cases in sub-paragraph (1) on that date; or

(b) a decision took effect which was made under Article 11 of the 1998 Order[^f00178] on the ground that the claimant’s housing costs fell within one of the cases in sub-paragraph (1),

nor during the next 26 weeks if and so long as the best endeavours of the claimant are used to obtain cheaper accommodation.

(7) For the purposes of calculating any period of 26 weeks referred to in sub-paragraph (6), and for those purposes only, a person is to be treated as entitled to an income-related allowance for any period of 12 weeks or less in respect of which that person was not in receipt of an income-related allowance and which fell immediately between periods in respect of which that person was in receipt of that allowance.

(8) Any period in respect of which—

(a) an income-related allowance was paid to a claimant; and

(b) it was subsequently determined that such a claimant was not entitled to an income-related allowance for that period,

shall be treated for the purposes of sub-paragraph (7) as a period in respect of which that claimant was not in receipt of an income-related allowance.

(9) Paragraph 15(1)(c) to (f) shall apply to sub-paragraph (7) as it applies to paragraph 9 but with the modification as if “Subject to sub-paragraph (2),” was omitted and references to “claimant” were references to the person mentioned in sub-paragraph (7).

(10) References to an income-related allowance in sub-paragraphs (6) and (7) must be treated as including references to income support, income-based jobseeker’s allowance and state pension credit in respect of any period which falls immediately before the appointed day.

Linking rules

15

(1) ...For the purposes of this Schedule—

(a) a claimant is to be treated as being in receipt of an income-related allowance during the following periods—

(i) any period in respect of which it was subsequently determined that that claimant was entitled to an income-related allowance, and

(ii) any period of 12 weeks or less or, as the case may be, 52 weeks or less in respect of which that claimant was not in receipt of an income-related allowance and which fell immediately between periods in respect of which—

(aa) that claimant was, or was treated as being, in receipt of an income-related allowance,

(bb) that claimant was treated as entitled to an income-related allowance for the purpose of sub-paragraph (9) or (10), or

(cc) sub-head (i) applies;

(b) a claimant is to be treated as not being in receipt of an income-related allowance during any period other than a period to which head (a)(ii) applies in respect of which it is subsequently determined that that claimant was not so entitled;

(i) the claimant was a member of a couple or a polygamous marriage,

(ii) the claimant’s partner was, in respect of a past period, in receipt of an income-related allowance for that claimant’s partner and the claimant,

(iii) the claimant is no longer a member of that couple or polygamous marriage, and

(iv) the claimant made a claim for an income-related allowance within 12 weeks or, as the case may be, 52 weeks of ceasing to be a member of that couple or polygamous marriage,

the claimant must be treated as having been in receipt of an income-related allowance for the same period as the claimant’s former partner had been or had been treated, for the purposes of this Schedule, as having been;

(d) where the claimant’s partner’s applicable amount was determined in accordance with paragraph 1(1) or (2) of Part 1 of Schedule 4 in respect of a past period, provided that the claim was made within 12 weeks or, as the case may be, 52 weeks of the claimant and that claimant’s partner becoming one of a couple or polygamous marriage, the claimant is to be treated as having been in receipt of an income-related allowance for the same period as the claimant’s partner had been or had been treated, for the purposes of this Schedule, as having been;

(e) where the claimant is a member of a couple or a polygamous marriage and the claimant’s partner was, in respect of a past period, in receipt of an income-related allowance for that claimant’s partner and the claimant, and the claimant has begun to receive an income-related allowance as a result of an election by the members of the couple or polygamous marriage, that claimant is to be treated as having been in receipt of an income-related allowance for the same period as that claimant’s partner had been or had been treated, for the purposes of this Schedule, as having been;

(f) where the claimant—

(i) is a member of a couple or a polygamous marriage and the claimant’s partner was, immediately before the participation by any member of that couple or polygamous marriage in an employment programme specified in regulation 75(1)(a) of the Jobseeker’s Allowance Regulations, in receipt of an income-related allowance and the claimant’s applicable amount included an amount for the couple or for the partners of the polygamous marriage, and

(ii) has, immediately after that participation in that programme, begun to receive an income-related allowance as a result of an election under regulation 4(3) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00179] by the members of the couple or polygamous marriage,

the claimant is to be treated as having been in receipt of an income-related allowance for the same period as that claimant’s partner had been or had been treated, for the purposes of this Schedule, as having been;

(g) where—

(i) the claimant was a member of a family of a person (not being a former partner) entitled to an income-related allowance and at least one other member of that family was a child or young person,

(ii) the claimant becomes a member of another family which includes that child or young person, and

(iii) the claimant made a claim for an income-related allowance within 12 weeks or, as the case may be, 52 weeks of the date on which the person entitled to an income-related allowance mentioned in sub-head (i) ceased to be so entitled,

the claimant is to be treated as being in receipt of an income-related allowance for the same period as that person had been or had been treated, for the purposes of this Schedule, as having been.

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

(3) For the purposes of this Schedule, where the claimant has ceased to be entitled to an income-related allowance because that claimant or that claimant’s partner is participating in arrangements for training made under sections 2 and 3 of the Disabled Persons (Employment) Act[^f00180] or section 1(1) of the Employment and Training Act[^f00181], the claimant is to be treated as if the claimant had been in receipt of an income-related allowance for the period during which that claimant or that claimant’s partner was participating in such arrangements or attending such a course.

(4) For the purposes of this Schedule, a claimant who has ceased to be entitled to an income-related allowance because—

(a) that claimant or that claimant’s partner was participating in an employment programme specified in regulation 75(1)(a) of the Jobseeker’s Allowance Regulations; and

(b) in consequence of such participation the claimant or the claimant’s partner was engaged in remunerative work or had an income equal to or in excess of the claimant’s applicable amount as prescribed in Part 9,

shall be treated as if the claimant had been in receipt of an income-related allowance for the period during which that claimant or that claimant’s partner was participating in that programme.

(5) Where, for the purposes of sub-paragraphs (1), (3) and (4), a claimant is treated as being in receipt of an income-related allowance, for a certain period, that claimant shall, subject to sub-paragraph (6), be treated as being entitled to an income-related allowance for the same period.

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