The Income Support (General) Regulations (Northern Ireland) 1987

• (a) except where sub-paragraph (b) applies, the earnings derived from the employment less any expenses deducted under regulation 38(3)(a) or, as the case may be, 38(4);

• (b) in the case of employment as a child minder, one third of the earnings of that employment.

CHAPTER V — OTHER INCOME

Calculation of income other than earnings

40

• (1) For the purposes of regulation 29 (calculation of income other than earnings), the income of a claimant which does not consist of earnings to be taken into account shall, subject to paragraphs (2) and (3), be his gross income and any capital treated as income under regulations 24(3), 41 and 44 (treatment of charitable and voluntary payments, capital treated as income and modifications in respect of children and young persons).

• (2) There shall be disregarded from the calculation of a claimant's gross income under paragraph (1) any sum, where applicable, specified in Schedule 9 (income to be disregarded).

• (3) Where the payment of any benefit under the benefit Acts is subject to any deduction by way of recovery the amount to be taken into account under paragraph (1) shall be the gross amount payable.

• (4) For the avoidance of doubt there shall be included as income to be taken into account under paragraph (1) any payment to which regulation 35(2) or 37(2) (payments not earnings) applies.

Capital treated as income

41

• (1) Any capital payable by instalments which are outstanding on the first day in respect of which income support is payable or the date of the determination of the claim, whichever is earlier, or, in the case of a review, the date of any subsequent review shall, if the aggregate of the instalments outstanding and the amount of the claimant's capital otherwise calculated in accordance with Chapter VI of this Part exceeds £6,000, be treated as income.

• (2) Any payment received under an annuity shall be treated as income.

• (3) In the case of a person to whom Article 24 of the Order (trade disputes) applies and for so long as it applies, any payment under section 164 of the Children and Young Persons Act (Northern Ireland) 1968[^f00059] (general function for promoting the welfare of persons under the age of 18) shall be treated as income.

Notional income

42

• (1) A claimant shall be treated as possessing income of which he has deprived himself for the purpose of securing entitlement to income support or increasing the amount of that benefit.

• (2) Except in the case of—

• (a) a discretionary trust;

• (b) a trust derived from a payment made in consequence of a personal injury;

• (c) unemployment benefit under the principal Act which may be payable to a claimant who is not required to be available for employment; or

• (d) an increase of child benefit payable to a claimant under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976[^f00060] (rates of child benefit),

income which would become available to the claimant upon application being made but which has not been acquired by him shall be treated as possessed by him but only from the date on which it would be so acquired.

• (3) Except in the case of a discretionary trust, or a trust derived from a payment made in consequence of a personal injury, any income which is due to be paid to the claimant but—

• (a) has not been paid to him;

• (b) is not a payment prescribed in regulation 9 or 10 of the Social Security (Payments on account, Overpayment and Recovery) Regulations (Northern Ireland) 1987[^f00061] (duplication and prescribed payments or maintenance payments) and not made on or before the date prescribed in relation to it,

shall be treated as possessed by the claimant.

• (4) Any payment of income made—

• (a) to a third party in respect of a member of the family (but not a member of the third party's family) shall be treated—

• (i) in a case where that payment is derived from a payment of any benefit under the benefit Acts, a war disablement pension or war widow's pension, as possessed by that member if it is paid to any member of that family,

• (ii) in any other case, as possessed by that member to the extent that it is used for the food, clothing, footwear, fuel, rent or rates for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 17(e) or 18(f) (housing costs), of any member of that family;

• (b) to a member of the family in respect of a third party (but not in respect of another member of that family) shall be treated as possessed by that member to the extent that it is kept by him or used by or on behalf of any member of the family,

but, except where sub-paragraph (a)(i) applies and in the case of a person to whom Article 24 of the Order (trade disputes) applies, this paragraph shall not apply to any payment in kind.

• (5) Where a claimant's earnings are not ascertainable at the time of the determination of the claim or of any subsequent review the adjudication officer shall treat the claimant as possessing such earnings as is reasonable in the circumstances of the case having regard to the number of hours worked and the earnings paid for comparable employment in the area.

• (6) Where—

• (a) a claimant performs a service for another person; and

• (b) that person makes no payment of earnings or pays less than that paid for a comparable employment in the area,

the adjudication officer shall treat the claimant as possessing such earnings (if any) as is reasonable for that employment unless the claimant satisfies him that the means of that person are insufficient for him to pay or to pay more for the service; but this paragraph shall not apply to a claimant who is engaged by a charitable or voluntary body or is a volunteer if the adjudication officer is satisfied that it is reasonable for him to provide his services free of charge.

• (7) Where a claimant is treated as possessing any income under any of paragraphs (1) to (4) the foregoing provisions of this Part shall apply for the purposes of calculating the amount of that income as if a payment had actually been made and as if it were actual income which he does possess.

• (8) Where a claimant is treated as possessing any earnings under paragraph (5) or (6) the foregoing provisions of this Part shall apply for the purposes of calculating the amount of those earnings as if a payment had actually been made and is if they were actual earnings which he does possess except that regulation 36(3) (calculation of net earnings of employed earners) shall not apply and his net earnings shall be calculated by taking into account the earnings which he is treated as possessing, less—

• (a) an amount in respect of income tax equivalent to an amount calculated by applying to those earnings the basic rate of tax in the year of assessment less only the personal relief to which the claimant is entitled under sections 8(1) and (2) and 14(1)(a) and (2) of the Income and Corporation Taxes Act 1970 (personal relief) as is appropriate to his circumstances; but, if the period over which those earnings are to be taken into account is less than a year, the amount of the personal relief deductible under this sub-paragraph shall be calculated on a pro rata basis;

• (b) an amount in respect of primary Class 1 contributions in respect of those earnings; and

• (c) one half of any sum payable by the claimant by way of a contribution towards an occupational or personal pension scheme.

• (9) Where the claimant is an employed earner in the Republic of Ireland the amounts to be deducted for income tax and primary Class 1 contributions under this regulation shall be such amounts as, in the opinion of the adjudication officer, would have been deducted had the claimant been employed in Northern Ireland.

Notional earnings of seasonal workers

43

• (1) Where the claimant is a seasonal worker or, if he is one of a couple, he or his partner is a seasonal worker (but not both), and—

• (a) a claim for income support is made in respect of any day in the claimant's off-season or, as the case may be, in his partner's off-season; and

• (b) his or, as the case may be, his partner's net earnings in his last period of normal employment less any earnings for any week in that period which have been taken into account in calculating entitlement to income support, exceeded 3 times the total of the amounts for that period specified in paragraph (2)(a)(i) or, as the case may be, (ii) and, where applicable, paragraph (2)(b),

the amount by which those earnings exceeded that total shall be divided by the number equal to the number of weeks (including any part of a week) in his or, as the case may be, his partner's off-season and the amount so obtained shall be treated as earnings possessed by the claimant or his partner in each of those weeks.

• (2) The amounts specified for the purposes of paragraph (1)(b) are—

• (a) either—

• (i) in a case where the claimant is one of a couple, the personal allowance for a couple, or

• (ii) in a case where he is not one of a couple, the personal allowance for a single claimant not less than age 25; and

• (b) in respect of each child or young person who is a member of the claimant's family, the amount which is equal to the applicable amount for a child under age 11.

• (3) Where the claimant and his partner are seasonal workers and both have started their, or only one has started his, off-season, paragraph (1) shall apply to the claimant or, where his partner is the only one whose off-season has started, to his partner as if he were the only seasonal worker until the end of his off-season and thereafter to the other member subject to the modifications in paragraphs (4) to (6).

• (4) The other member's last period of normal employment shall be—

• (a) in a case where that member's normal employment has ceased, the period beginning with the start of the employment of that member and ending with the last day of that employment;

• (b) in a case where that member's normal employment has not ceased, the period beginning with the start of the employment of that member and ending with—

• (i) the day before the start of the off-season of his partner, or

• (ii) the date of claim for income support,

whichever is the later.

• (5) The period of the other member's off-season shall be—

• (a) in a case where that member's normal employment has ceased, the period beginning with the start of his off-season and ending with the day before he is to resume normal employment; or

• (b) in a case where that member's normal employment has hot ceased, the period beginning with the date on which the off-season of either member first starts or, as the case may be, the date of claim for income support whichever is later and ending with the day before that on which either member is first to resume normal employment.

• (6) The other member's net earnings in his last period of normal employment as determined under paragraph (4) less—

• (a) any earnings for any week in that period which have been taken into account in calculating entitlement to income support; and

• (b) in so far as any week in that period—

• (i) does not coincide with a week in his partner's period of normal employment, 3 times the total of the amounts for that week specified for the purposes of paragraph (1)(b),

• (ii) does coincide with a week in his partner's period of normal employment, the extent (if any) by which the amount so specified has not been taken into account in the calculation of his partner's notional earnings,

shall be divided by the number equal to the number of weeks (including any part of a week) in that member's off-season as determined under paragraph (5) and the amount so obtained shall be treated as earnings possessed by that member in each of those weeks.

• (7) In this regulation “normal employment”, “off-season” and “seasonal worker” have the meanings assigned to them in regulation 21 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations (Northern Ireland) 1984[^f00062] (additional condition with respect to receipt of unemployment benefit) except that the expression ''employment'' in that regulation shall be construed as if it included a reference to employment as a self-employed earner.

• (8) Where a claimant or his partner is treated as possessing any earnings under this regulation the foregoing provisions of this Part, except regulation 38(2) in so far as it applies to paragraph 3 of Schedule 8 (earnings to be disregarded), shall apply for the purposes of calculating those earnings as if a payment had actually been made and as if they were actual earnings which he does possess.

Modifications in respect of children and young persons

44

• (1) Any capital of a child or young person payable by instalments which are outstanding on the first day in respect of which income support is payble or at the date of the determination of the claim, whichever is earlier, or, in the case of a review, the date of any subsequent review shall, if the aggregate of the instalments outstanding and the amount of that child's or young person's other capital calculated in accordance with Chapter VI of this Part in like manner as for the claimant, except where otherwise provided, would exceed £3,000, be treated as income.

• (2) In the case of a child or young person who is residing at an educational establishment at which he is receiving relevant education—

• (a) any payment made to the educational establishment, in respect of that child's or young person's maintenance, by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family, shall be treated as income of that child or young person but it shall only be taken into account over periods during which that child or young person is present at that educational establishment; and

• (b) if a payment has been so made, for any period in a benefit week in term-time during which that child or young person returns home, he shall be treated as possessing an amount of income in that week calculated by multiplying-the amount of personal allowance and disabled child premium, if any, applicable in respect of that child or young person by the number equal to the number of days in that week in which he was present at his educational establishment and dividing the product by 7; but this sub-paragraph shall not apply where the educational establishment is provided under Article 6 of the Education and Libraries (Northern Ireland) Order 1986[^f00063] (duty of boards to secure primary and secondary education) by an education and library board.

• (3) Where a child or young person is resident at an educational establishment and he is wholly or partly maintained at that establishment by an education and library board under Article 6 of the Education and Libraries (Northern Ireland) Order 1986 he shall for each day he is present at that establishment be treated as possessing an amount of income equal to the sum obtained by dividing the amount of personal allowance and disabled child premium, if any, applicable in respect of him by 7.

• (4) Where the income of a child or young person who is a member of the claimant's family calculated in accordance with the foregoing provisions of this Part exceeds the amount of the personal allowance and disabled child premium, if any, applicable in respect of that child or young person, the excess shall not be treated as income of the claimant.

• (5) Where the capital of a child or young person if calculated in accordance with Chapter VI of this Part in like manner as for the claimant, except where otherwise provided, would exceed £3,000, any income of that child or young person shall not be treated as income of the claimant.

• (6) In calculating the net earnings or net profit of a child or young person there shall be disregarded, (in addition to any sum which falls to be disregarded under paragraphs 11 to 13 of that Schedule), any sum specified in paragraphs 14 and 15 of Schedule 8 (earnings to be disregarded).

• (7) Any income of a child or young person which is to be disregarded under Schedule 9 (income other than earnings to be disregarded) shall be disregarded in such manner as to produce the result most favourable to the claimant.

• (8) Where a child or young person is treated as possessing any income under paragraphs (2) and (3) the foregoing provisions of this Part shall apply for the purposes of calculating that income as if a payment had actually been made and as if it were actual income which he does possess.

CHAPTER VI — CAPITAL

Capital limit

45

For the purposes of Article 23(6) of the Order as it applies to income support (no entitlement to benefit if capital exceeds prescribed amount), the prescribed amount is £6,000.

Calculation of capital

46

• (1) For the purposes of Part III of the Order as it applies to income support, the capital of a claimant to be taken into account shall, subject to paragraph (2), be the whole of his capital calculated in accordance with this Part and any income treated as capital under regulations 24(2) and 48 (treatment of charitable or voluntary payments and income treated as capital).

• (2) There shall be disregarded from the calculation of a claimant's capital under paragraph (1) any capital, where applicable, specified in Schedule 10 (capital to be disregarded).

Disregard of capital of child or young person

47

The capital of a child or young person who is a member of the claimant's family shall not be treated as capital of the claimant.

Income treated as capital

48

• (1) Any annual bounty derived from employment to which paragraph 7 of Schedule 8 (sums to be disregarded in the calculation of earnings) applies shall be treated as capital.

• (2) Except in the case of an amount to which Article 24(5)(a)(ii) of the Order (refund of tax in trade disputes cases) applies, any amount by way of a refund of income tax deducted from profits or emoluments chargeable to—

• (a) income tax under Schedule D or E;

• (b) income tax under the legislation of the Republic of Ireland which is analogous to income tax under Schedule D or E,

shall be treated as capital.

• (3) Any holiday pay which is not earnings under regulation 35(1)(d) (earnings of employed earners) shall be treated as capital.

• (4) Except any income derived from capital disregarded under paragraph 1, 2, 4, 6 or 12 of Schedule 10, any income derived from capital shall be treated as capital but only from the date it is normally due to be credited to the claimant's account.

• (5) Subject to paragraph (6), in the case of employment as an employed earner, any advance of earnings or any loan made by the claimant's employer shall be treated as capital.

• (6) For so long as Article 24 of the Order (trade disputes) applies to a person, paragraph (5) shall not apply to him and, if he is a person to whom Article 24(8) of the Order applies, paragraph-(5) shall not apply until the end of the period specified in the said Article 24(8).

• (7) Any payment under section 41 of the Prison Act (Northern Ireland) 1953[^f00064] (payments for discharged prisoners) shall be treated as capital.

• (8) Any payment made by a local authority, as defined in section 107 of the Children Act 1975[^f00065], which represents arrears of payments under section 34(6) or, as the case may be, section 50 thereof (contributions to a custodian towards the cost of accommodation and maintenance of a child) shall be treated as capital.

Calculation of capital in the United Kingdom

49

Capital which a claimant possesses in the United Kingdom shall be calculated—

• (a) except in a case to which paragraph (b) applies, at its current market or surrender value, less—

• (i) where there would be expenses attributable to sale, 10 per cent., and

• (ii) the amount of any incumbrance secured on it;

• (b) in the case of an Ulster or a National Savings Certificate—

• (i) if purchased from an issue the sale of which ceased before 1st July last preceding the first day on which income support is payable or the date of the determination of the claim, whichever is the earlier, or in the case of a review, the date of any subsequent review, at the price which it would have realised on that 1st July had it been purchased on the last day of that issue,

• (ii) in any other case, at its purchase price.

Calculation of capital outside the United Kingdom

50

Capital which a claimant possesses in a country outside the United Kingdom shall be calculated—

• (a) in a case in which there is no prohibition in that country against the transfer to the United Kingdom of an amount equal to its current market or surrender value in that country, at that value;

• (b) in a case where there is such a prohibition, at the price which it would realise if sold in the United Kingdom to a willing buyer,

less, where there would be expenses attributable to sale, 10 per cent. and the amount of any incumbrance secured on it.

Notional capital

51

• (1) A claimant shall be treated as possessing capital of which he has deprived himself for the purpose of securing entitlement to income support or increasing the amount of that benefit.

• (2) Except in the case of—

• (a) a discretionary trust;

• (b) a trust derived from a payment made in consequence of a personal injury; or

• (c) any loan which would be obtainable only if secured against capital disregarded under Schedule 10 (capital to be disregarded),

any capital which would become available to the claimant upon application being made, but which has not been acquired by him, shall be treated as possessed by him but only from the date on which it would be so acquired.

• (3) Any payment of capital made—

• (a) to a third party in respect of a member of the family (but not a member of the third party's family) shall be treated—

• (i) in a case where that payment is derived from a payment of any benefit under the benefit Acts, a war disablement pension or a war widow's pension, as possessed by that member if it is paid to any member of the family,

• (ii) in any other case, as possessed by that member to the extent that it is used for the food, clothing, footwear, fuel, rent or rates for which housing benefit is payable, or any housing costs to the extent that they are met under regulations 17(e) and 18(1) (housing costs), of any member of that family;

• (b) to a member of the family in respect of a third party (but not in respect of another member of the family) shall be treated as possessed by that member to the extent that it is kept by him or used on behalf of any member of the family.

• (4) Where a claimant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he shall be treated as if he were such sole owner or partner and in such a case—

• (a) the value of his holding in that company shall, notwithstanding regulation 46 (calculation of capital), be disregarded; and

• (b) he shall, subject to paragraph (5), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Chapter shall apply for the purposes of calculating that amount as if it were actual capital which he does possess.

• (5) For so long as the claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (4) shall be disregarded.

• (6) Where a claimant is treated as possessing capital under any of paragraphs (1) to (4), the foregoing provisions of this Chapter shall apply for the purposes of calculating its amount as if it were actual capital which he does possess.

Capital jointly held

52

• (1) Subject to paragraph (2), except where a claimant possesses capital which is disregarded under regulation 51 (4) (notional capital), where a claimant and one or more persons are beneficially entitled in possession to any capital asset they shall be treated as if each of them were entitled in possession to the whole beneficial interest therein in an equal share.

• (2) Any premises not wholly owned by the claimant shall be disregarded for such period as is reasonable in the circumstances in order to determine the exact nature and value of the claimant's interest.

Calculation of tariff income from capital

53

• (1) Where the claimant's capital calculated in accordance with this Part exceeds £3,000 it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £3.,000 but not exceeding £6,000.

• (2) Notwithstanding paragraph (1), where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly income of £1.

• (3) For the purposes of paragraph (1), capital includes any income treated as capital under regulations 24(2), 48 and 60 (charitable or voluntary payments, income treated as capital and liable relative payments treated as capital).

CHAPTER VII — LIABLE RELATIVES

Interpretation

54

In this Chapter—

• “claimant” includes a young claimant;

• “liable relative” means— a spouse or former spouse of a claimant or of a member of the claimant's family; a parent of a child or young person who is a member of the claimant's family or of a young claimant; a person who has not been adjudged to be the father of a child or young person who is a member of the claimant's family or of a young claimant where that person is contributing towards the maintenance of that child, young person or young claimant and by reason of that contribution he may reasonably be treated as the father of that child, young person or young claimant; a person liable to maintain another person by virtue of Article 27(3)(c) of the Order (liability to maintain) where the latter is the claimant or a member of the claimant's family, and, in this definition, a reference to a child's, young person's or young claimant's parent includes any person in relation to whom the child, young person or young claimant was treated as a child or a member of the family;

• ''payment'' means a periodical payment or any other payment made by or derived from a liable relative including, except in the case of a discretionary trust, any payment which would be so made or derived upon application being made by the claimant but which has not been acquired by him but only from the date on which it would be so acquired; but it does not include any payment— arising from a disposition of property made in contemplation of, or as a consequence of— an agreement to separate, or any proceedings for judicial separation, divorce or nullity of marriage; made after the death of the liable relative; made by way of a gift but not in aggregate or otherwise exceeding £250 in the period of 52 weeks beginning with the date on which the payment, or if there is more than one such payment the first payment, is made; and, in the case of a claimant who continues to be in receipt of income support at the end of the period of 52 weeks, this provision shall continue to apply thereafter with the modification that any subsequent period of 52 weeks shall begin with the first day of the benefit week in which the first payment is made after the end of the previous period of 52 weeks; to which regulation 44(2) (modifications in respect of children and young persons) applies; made— to a third party in respect of the claimant or a member of the claimant's family, or to the claimant or to a member of the claimant's family in respect of a third party, where having regard to the purpose of the payment, the terms under which it is made and its amount, it is unreasonable to take it into account; in kind; to, or in respect of, a child or young person who is to be treated as not being a member of the claimant's household under regulation 16 (circumstances in which a person is to be treated as being or not being a member of the same household); which is not a periodical payment, to the extent that any amount of that payment— has already been taken into account under this Part by virtue of a previous claim or determination, or has been recovered under Article 28(1) of the Order (prevention of duplication of payments) or is currently being recovered, or at the time the determination is made, has been used by the claimant except where he has deprived himself of that amount for the purpose of securing entitlement to income support or increasing the amount of that benefit;

• ''periodical payment'' means— a payment which is made or is due to be made at regular intervals in pursuance of a court order or agreement for maintenance; in a case where the liable relative has established a pattern of making payments at regular intervals, any such payment; any payment not exceeding the amount of income support payable had that payment not been made; any payment representing a commutation of payments to which paragraph (a) or (b) of this definition applies whether made in arrears or in advance, but does not include a payment due to be made before the first benefit week pursuant to the claim which is not so made;

• “young claimant” means a person aged 16 or over but under 19 who makes a claim for income support.

Treatment of liable relative payments

55

Except where regulation 60(1) (liable relative payments to be treated as capital) applies a payment shall—

• (a) to the extent that it is not a payment of income, be treated as income;

• (b) be taken into account in accordance with the following provisions of this Chapter.

Period over which periodical payments are to be taken into account

56

• (1) The period over which a periodical payment is to be taken into account shall be—

• (a) in a case where the payment is made at regular intervals, a period equal to the length of that interval;

• (b) in a case where the payment is due to be made at regular intervals but is not so made, such number of weeks as is equal to the number (and any fraction shall be treated as a corresponding fraction of a week) obtained by dividing the amount of that payment by the weekly amount of that periodical payment as calculated in accordance with regulation 58(4) (calculation of the weekly amount of a liable relative payment);

• (c) in any other case, a period equal to a week.

• (2) The period under paragraph (1) shall begin on the date on which the payment is treated as paid under regulation 59 (date on which a liable relative payment is to be treated as paid).

Period over which payments other than periodical payments are to be taken into account

57

• (1) Subject to paragraph (2), the number of weeks over which a payment other than a periodical payment is to be taken into account shall be equal to the number (and any fraction shall be treated as a corresponding fraction of a week) obtained by dividing that payment by—

• (a) where the payment is in respect of the claimant or the claimant and any child or young person who is a member of the family, the aggregate of £2 and the amount of income support which would be payable had the payment not been made;

• (b) where the payment is in respect of one or more than one child or young person who is a member of the family the amount prescribed in Schedule 2 (applicable amounts) in respect of each child or young person and any family and lone parent premium;

• (2) Where a liable relative makes a periodical payment and any other payment concurrently and the weekly amount of that periodical payment, as calculated in accordance with regulation 58 (calculation of the weekly amount of a liable relative payment), is less than—

• (a) in a case where the periodical payment is in respect of the claimant or the claimant and any child or young person who is a member of the family, the aggregate of £2 and the amount of income support which would be payable had the payments not been made; or

• (b) in a case where the periodical payment is in respect of one or more than one child or young person who is a member of the family, the aggregate of the amount prescribed in Schedule 2 in respect of each such child or young person and any family and lone parent premium,

that other payment shall, subject to paragraph (3), be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing that payment by an amount equal to the extent of the difference between the amount referred to in sub-paragraph (a) or (b), as the case may be, and the weekly amount of the periodical payment.

• (3) If—

• (a) the liable relative ceases to make periodical payments, the balance (if any) of the other payment shall be taken into account over the number of weeks equal to the number (and any fraction shall be treated as a corresponding fraction of a week) obtained by dividing that balance by the amount referred to in paragraph (1)(a) or (b), as the case may be;

• (b) the amount of any subsequent periodical payment varies, the balance (if any) of the other payment shall be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing that balance by an amount equal to the extent of the difference between the amount referred to in paragraph (2)(a) or (b) and the weekly amount of the subsequent periodical payment.

• (4) The period under paragraph (1) or (2) shall begin on the date on which the payment is treated as paid under regulation 59 (date on which a liable relative payment is to be treated as paid) and under paragraph (3) shall begin on the first day of the benefit week in which the cessation or variation of the periodical payment occurred.

Calculation of the weekly amount of a liable relative payment

58

• (1) Where a periodical payment is made or is due to be made at intervals of one week, the weekly amount shall be the amount of that payment.

• (2) Where a periodical payment is made or is due to be made at intervals greater than one week and those intervals are monthly, the weekly amount shall be determined by multiplying the amount of the payment by 12 and dividing the product by 52.

• (3) Where a periodical payment is made or is due to be made at intervals and those intervals are neither weekly nor monthly, the weekly amount shall be determined by dividing that payment by the number equal to the number of weeks (including any part of a week) in that interval.

• (4) Where a payment is made and that payment represents a commutation of periodical payments whether in arrears or in advance, the weekly amount shall be the weekly amount of the individual periodical payments so commutated as calculated under paragraphs (1) to (3) as is appropriate.

• (5) The weekly amount of a payment to which regulation 57 (period over which payments other than periodical payments are to be taken into account) applies shall be equal to the amount of the divisor used in calculating the period over which the payment or, as the case may be, the balance is to be taken into account.

Date on which a liable relative payment is to be treated as paid

59

• (1) A periodical payment is to be treated as paid—

• (a) in the case of a payment which is due to be made before the first benefit week pursuant to the claim, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;

• (b) in any other case, on the first day of the benefit week in which it is due to be paid unless, having regard to the manner in which income support is due to be paid in the particular case, it would be more practicable to treat it as paid on the first day of a subsequent benefit week.

• (2) Subject to paragraph (3), any other payment shall be treated as paid—

• (a) in the case of a payment which is made before the first benefit week pursuant to the claim, on the day in the week in which it is paid which corresponds to the first day of the benefit week;

• (b) in any other case, on the first day of the benefit week in which it is paid unless, having regard to the manner in which income support is due to be paid in the particular case, it would be more practicable to treat it as paid on the first day of a subsequent benefit week.

• (3) Any other payment paid on a date which falls within the period in respect of which a previous payment is taken into account, not being a periodical payment, is to be treated as paid on the first day following the end of that period.

Liable relative payments to be treated as capital

60

• (1) Subject to paragraph (2), where a liable relative makes a periodical payment concurrently with any other payment and the weekly amount of the periodical payment, as calculated in accordance with regulation 58(1) to (4) (calculation of the weekly amount of a liable relative payment), is equal to or greater than the amount referred to in regulation 57(2)(a) (period over which payments other than periodical payments are to be taken into account) less the £2 referred to therein, or paragraph (2)(b) of that regulation, as the case may be, the other payment shall be treated as capital.

• (2) If, in any case, the liable relative ceases to make periodical payments, the other payment to which paragraph (1) applies shall be taken into account under regulation 57 (1) but, notwithstanding paragraph (4) thereof, the period over which the payment is to be taken into account shall begin on the first day of the benefit week following the last one in which a periodical payment was taken into account.

CHAPTER VIII — STUDENTS

Interpretation

61

In this Chapter,—

• "a course of advanced education'' means— a full-time course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education, a higher national diploma, a higher national diploma of the Business & Technician Education Council or the Scottish Vocational Education Council or a teaching qualification; or any other full-time course which is a course of a standard above ordinary national diploma, a national diploma of the Business & Technician Education Council or the Scottish Vocational Education Council, a general certificate of education (advanced level), a Scottish certificate of education (higher grade) or a Scottish certificate of sixth year studies;

• “contribution” means any contribution in respect of the income of any other person which a Minister of the Crown or an education authority takes into account in assessing the amount of the student's grant and by which that amount is, as a consequence, reduced;

• ''covenant income'' means the income net of tax at the basic rate payable to a student under a Deed of Covenant by a person whose income is, or is likely to be, taken into account in assessing the student's grant or award;

• ''education authority'' means a government department, an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986[^f00066], a local education authority as defined in section 114(1) of the Education Act 1944[^f00067] (interpretation), an education authority as defined in section 135(1) of the Education (Scotland) Act 1980[^f00068] (interpretation), any body which is a research council for the purposes of the Science and Technology Act 1965[^f00069] or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Northern Ireland;

• “grant” means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary;

• ''grant income'' means— any income by way of a grant; in the case of a student other than one to whom paragraph (c) refers, any contribution which has been assessed whether or not it has been paid; in the case of a student to whom paragraph 1, 2 or 7 of Schedule 1 (lone parent or disabled student) applies, any contribution which has been assessed and which has been paid, and any such contribution which is paid by way of a covenant shall be treated as part of the student's grant income;

• ''periods of experience'' has the meaning prescribed in regulation 3(1) of the Students Awards Regulations (Northern Ireland) 1987[^f00070];

• ''period of study'' means— in the case of a course of study for one year or less, the period beginning with the start of the course to the end; in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, the period beginning with the start of the course or, as the case may be, that year's start and ending with either— the day before the start of the next year of the course in a case where the student's grant is assessed at a rate appropriate to his studying throughout the year, or, if he does not have a grant, where it would have been assessed at such a rate had he had one, or in any other case the day before the start of the normal summer vacation appropriate to his course;

• “sandwich course” has the meaning prescribed in regulation 3(1) of the Students Awards Regulations (Northern Ireland) 1987;

• ''standard maintenance grant'' means— except where paragraph (b) applies, in the case of a student attending a course of study at the University of London or an institution within the area comprising the City of London and the metropolitan police district, the amount specified for the time being in paragraph 2(2)(a) of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1987 for such a student; in the case of a student residing at his parents' home the amount specified in paragraph 3(2) of that Schedule; in any other case, the amount specified in paragraph 2(2) of that Schedule other than in sub-paragraph (a) or (b) thereof;

• “student” means a person aged less than 19 who is attending a full-time course of advanced education or, as the case may be, a person aged 19 or over but under pensionable age who is attending a full-time course of study at an educational establishment; and for the purposes of this definition— a person who has started on such a course shall be treated as attending it throughout any period of term or vacation within it, until the end of the course or such earlier date as he abandons it or is dismissed from it; a person on a sandwich course shall be treated as attending a full-time course of advanced education or, as the case may be, of study;

• “year” in relation to a course, means the period of 12 months beginning on 1st January, 1st April or 1st September according to whether the academic year of the course in question begins in the spring, the summer or the autumn respectively.

Calculation of grant income

62

• (1) The amount of a student's grant income to be taken into account shall, subject to paragraph (2), be the whole of his grant income.

• (2) There shall be disregarded from the amount of a student's grant income any payment—

• (a) intended to meet tuition fees or examination fees;

• (b) intended to meet the cost of special equipment for a student on a course which began before 1st September 1986 in architecture, art and design, home economics, landscape architecture, medicine, music, ophthalmic optics, orthoptics, physical education, physiotherapy, radiography, occupational therapy, dental hygiene, dental therapy, remedial gymnastics, town and country planning and veterinary science or medicine;

• (c) intended to meet additional expenditure incurred by a disabled student in respect of his attendance on a course;

• (d) intended to meet additional expenditure connected with term time residential study away from the student's educational establishment;

• (e) on account of the student maintaining a home at a place other than that at which he resides while attending his course but only to the extent that his rent or rates is not met by housing benefit;

• (f) on account of any other person but only if that person is residing outside of the United Kingdom and there is no applicable amount in respect of him;

• (g) intended to meet the cost of books and equipment (other than special equipment) or if not so intended an amount equal to £210 towards such costs;

• (h) intended to meet travel expenses incurred as a result of his attendance on the course.

• (3) A student's grant income shall be apportioned—

• (a) subject to paragraph (4), in a case where it is attributable to the period of study, equally between the weeks in that period;

• (b) in any other case, equally between the weeks in the period in respect of which it is payable.

• (4) In the case of a student on a sandwich course, any periods of experience within the period of study shall be excluded and the student's grant income shall be apportioned equally between the remaining weeks in that period.

Calculation of covenant income where a contribution is assessed

63

• (1) Where a student is in receipt of income by way of a grant during a period of study and a contribution has been assessed, the amount of his covenant income to be taken into account for that period and any summer vacation immediately following shall be the whole amount of his covenant income less, subject to paragraph (3), the amount of the contribution.

• (2) The weekly amount of the student's covenant income shall be determined—

• (a) by dividing the amount of income which falls to be taken into account under paragraph (1) by 52 or, if there are 53 benefit weeks (including part weeks) in the year, 53; and

• (b) by disregarding from the resulting amount, £5.

• (3) For the purposes of paragraph (1), the contribution shall be treated as increased by the amount, if any, by which the amount disregarded under regulation 62(2)(h) (calculation of grant income) falls short of the amount included in the standard maintenance grant to meet travel expenses.

Calculation of covenant income where no grant income or no contribution is assessed

64

• (1) Where a student is not in receipt of income by way of a grant the amount of his covenant income shall be calculated as follows—

• (a) any sums intended for any expenditure specified in regulation 62(2)(a) to (f), (calculation of grant income) necessary as a result of his attendance on the course, shall be disregarded;

• (b) any covenant income, up to the amount of the standard maintenance grant, which is not so disregarded, shall be apportioned equally between the weeks of the period of study and there shall be disregarded from the covenant income to be so apportioned the amount which would have been disregarded under regulation 62(2)(g) and (h) (calculation of grant income) had the student been in receipt of the standard maintenance grant;

• (c) the balance, if any, shall be divided by 52 or, if there are 53 benefit weeks (including part weeks) in the year, 53 and treated as weekly income of which £5 shall be disregarded.

• (2) Where a student is in receipt of income by way of a grant and no contribution has been assessed, the amount of his covenant income shall be calculated in accordance with paragraph (1)(a) to (c), except that—

• (a) the value of the standard maintenance grant shall be abated by the amount of his grant income less an amount equal to the amount of any sums disregarded under regulation 62(2)(a) to (f); and

• (b) the amount to be disregarded under paragraph (1)(b) shall be abated by an amount equal to the amount of any sums disregarded under regulation 62(2)(g) and (h).

Relationship with amounts to be disregarded under Schedule 9

65

No part of a student's covenant income or grant income shall be disregarded under paragraph 15 of Schedule 9 (charitable and voluntary payments) and any other income shall only be disregarded thereunder if, and to the extent that, the amount disregarded under regulation 63(2)(b) (calculation of covenant income where a contribution is assessed) or, as the case may be, 64(1)(c) (calculation of covenant income where no grant income or no contribution is assessed) is less than £5.

Other amounts to be disregarded

66

• (1) For the purposes of ascertaining income other than grant income and covenant income, any amounts intended for any expenditure specified in regulation 62(2) (calculation of grant income) necessary as a result of his attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulations 62(2), 63(3) and 64(1)(a) or (b) (calculation of grant income and covenant income) on like expenditure.

• (2) Where a claim is made in respect of any period in the normal summer vacation and any income is payable under a Deed of Covenant which commences or takes effect after the first day of that vacation, that income shall be disregarded.

Disregard of contribution

67

Where the claimant or his partner is a student and the income of one has been taken into account for the purpose of assessing a contribution to the student's grant, an amount equal to the contribution shall be disregarded for the purpose of calculating the income of the one liable to make that contribution.

Income treated as capital

68

Any amount by way of a refund of tax deducted from a student's income shall be treated as capital.

Disregard of changes occurring during summer vacation

69

In calculating a student's income an adjudication officer shall disregard any change in the standard maintenance grant occurring in the recognised summer vacation appropriate to the student's course, if that vacation does not form part of his period of study, from the date on which the change occurred up to the end of that vacation.

PART VI — URGENT CASES

Urgent cases

70

• (1) In a case to which this regulation applies, a claimant's weekly applicable amount and his income and capital shall be calculated in accordance with the provisions of this Part.

• (2) Subject to paragraph (4), this regulation applies to—

• (a) a claimant to whom paragraph (3) (certain persons from abroad) applies;

• (b) a claimant who is treated as possessing income under regulation 42(3) (notional income);

• (c) a claimant who or whose partner is a seasonal worker treated as possessing earnings under regulation 43 (notional earnings of seasonal workers).

• (3) This paragraph applies to a person from abroad within the meaning of regulation 21(3) (special cases) who—

• (a) having, during any one period of limited leave of a kind referred to in sub-paragraph (a) of that definition (including any period as extended), supported himself without recourse to public funds other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted provided that there is a reasonable expectation that his supply of funds will be resumed;

• (b) is awaiting the determination of an application made under section 3 of the 1971 Act[^f00071] (general provisions for regulation and control) for his leave to remain in the United' Kingdom to be varied so as to be leave under any provision in the immigration rules which does not refer to there being, or to there needing to be, no recourse to public funds or to there being no charge on public funds during that limited leave;

• (c) is awaiting the outcome of an appeal made under Part II of the 1971 Act (including any period for which the appeal is treated as pending under section 33(4) of that Act);

• (d) is a person to whom sub-paragraph (b) of that definition applies who has applied for leave within the meaning of the 1971 Act to remain in the United Kingdom, being leave under any provision in the immigration rules which does not refer to there being, or to there needing to be, no recourse to public funds or to there being no charge on public funds during that leave and is awaiting the determination of that application;

• (e) is a person to whom sub-paragraph (c) of that definition applies but whose removal from the United Kingdom has been deferred in writing by the Secretary of State;

• (f) is a person, other than someone to whom sub-paragraph (c) of that definition applies, who has been granted permission to remain in the United Kingdom pending the removal of a person to whom sub-paragraph (e) applies;

• (g) is a person who has no or no further right of appeal under the 1971 Act but has been allowed to remain in the United Kingdom while an application so to remain is, or representations on his behalf are, being considered by the Secretary of State;

• (h) is a person to whom sub-paragraph (d) of that definition applies and who has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State;

• (i) is a person to whom sub-paragraph (e), (f) or (g) of that definition applies and whose applicable amount, but for this sub-paragraph, would if calculated in accordance with regulation 21 (special cases) be nil;

• (j) is a person other than one to whom sub-paragraph (e) applies who is subject to a direction for his removal from the United Kingdom, but whose removal has been deferred in writing by the Secretary of State.

• (4) This regulation shall only apply to a person to whom paragraph (2)(b) or (c) applies, where the income or earnings he is treated as possessing by virtue of regulation 42(3) (notional income) or regulation 43 (notional earnings of seasonal workers) is not readily available to him; and

• (a) the amount of income support which would be payable but for this Part is less than the amount of income support payable by virtue of the provisions of this Part; and

• (b) the adjudication officer is satisfied that, unless the provisions of this Part are applied to the claimant, the claimant or his family will suffer hardship.

Applicable amounts in urgent cases

71

• (1) For the purposes of calculating any entitlement to income support under this Part—

• (a) except in a case to which sub-paragraph (b) or (c) applies, a claimant's weekly applicable amount shall be the aggregate of—

• (i) 90 per cent. of the amount applicable in respect of himself or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1(1), (2) or (3) of Schedule 2 or, as the case may be, the amount applicable in respect of them under regulation 18 (polygamous marriages); and where regulation 22 (reduction in applicable amounts in certain cases of actual or notional unemployment benefit disqualification) applies, the reference in this head to 90 per cent. of the amount applicable shall be construed as a reference to 90 per cent. of the relevant amount under that regulation reduced by the percentage specified in paragraph (1) or (2), as the case may be, of that regulation,

• (ii) the amount applicable under paragraph 2 of Schedule 2 in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000,

• (iii) the amount, if applicable, specified in paragraph 15(2) or (3) of Schedule 2 (pensioner premiums), and

• (iv) any amounts applicable under regulation 17(e) or 18(f) (housing costs);

• (b) where the claimant is a resident in board and lodging accommodation, a hostel, a home for persons in need or a nursing home, his weekly applicable amount shall be the aggregate of—

• (i) 90 per cent. of the amount of the allowance for personal expenses prescribed in paragraph 12(a) of Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes) or paragraph 11(b) of Schedule 5 (applicable amounts of persons in board and lodging accommodation or hostels) whichever is appropriate in respect of him or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both or all of them; and where regulation 22 (reduction in applicable amounts in certain cases of actual or notional unemployment benefit disqualification) applies, the reference in this head to 90 per cent. of the amount so reduced shall be construed as a reference to 90 per cent. of the relevant amount under that regulation reduced by the percentage specified in paragraph (1) or (2), as the case may be, of that regulation,

• (ii) the amount applicable under paragraph 12(b) to (e) of Schedule 4 or paragraph 11(c) to (f) of Schedule 5, whichever is appropriate, in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000,

• (iii) the amount in respect of the weekly charge for his accommodation calculated in accordance with regulation 19 (persons in homes for persons in need or nursing homes) and Schedule 4 or regulation 20 (persons in board and lodging accommodation or hostels) and Schedule 5 whichever is appropriate except any amount in respect of a child or young person who is a member of the family and whose capital, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000;

• (c) where the claimant is resident in residential accommodation, his weekly applicable amount shall be the aggregate of—

• (i) 90 per cent. of the amount in respect of personal expenses as is referred to in column (2) of paragraph 13(1)(a) to (c) and (e) of Schedule 7 (applicable amounts in special cases) applicable to him,

• (ii) the amount applicable under column (2) of paragraph 13(1)(d) of Schedule 7, in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000,

• (iii) the amount, being 80 per cent. of the sum referred to in column (2) of paragraph 13(1)(a) to (c) and (e) of Schedule 7 in respect of the cost of the residential accommodation.

• (2) The period for which a claimant's weekly applicable amount is to be calculated in accordance with paragraph (1) where regulation 70(3) (urgent cases) applies shall be—

• (a) in a case to which paragraph (3)(a) of that regulation applies, any period, or the aggregate of any periods, not exceeding 42 days during any one period of leave to which that regulation applies;

• (b) in a case to which paragraph (3)(b) of that regulation applies—

• (i) the period ending not later than the date on which that determination is sent to the claimant, or

• (ii) if he has a right to appeal against the determination under Part II of the 1971 Act, the period ending not later than 28 days after the date on which that determination is sent to him;

• (c) in a case to which paragraph (3)(c) of that regulation applies, the period ending not later than the end of the period for which that appeal is treated as pending under section 33(4) of the 1971 Act;

• (d) in a case to which paragraph (3)(d) of that regulation applies, the period ending not later than—

• (i) where the application referred to in that regulation is successful, the date on which that determination is sent to the claimant, or

• (ii) where that application is refused, the date on which he is removed from the United Kingdom;

• (e) in any case to which paragraph (3)(e), (f), (g), (h) or (j) of that regulation applies, the period ending not later than—

• (i) the date on which the claimant is removed from the United Kingdom, or

• (ii) where given leave (within the meaning of section 33 of the 1971 Act) to remain in the United Kingdom, or otherwise permitted in writing by the Secretary of State to remain in the United Kingdom, the date on which that leave was given;

• (f) in a case to which paragraph (3)(i) of that regulation applies, the period ending not later than the date on which—

• (i) leave (within the meaning of section 33 of the 1971 Act) is granted, or

• (ii) he is removed from the United Kingdom, or

• (iii) his immigration status is determined by the Secretary of State.

Assessment of income and capital in urgent cases

72

• (1) The claimant's income shall be calculated in accordance with Part V subject to the following modifications—

• (a) any income possessed or treated as possessed by him shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;

• (b) any income to which regulation 53 (calculation of tariff income from capital) applies shall be disregarded;

• (c) income treated as capital by virtue of regulations 24(1) and (2) (treatment of charitable or voluntary payments) and 48(1), (2) and (3) (income treated as capital) shall be taken into account as income;

• (d) in a case to which regulation 70(2)(b) (urgent cases) applies, any income to which regulation 42(3) (notional income) applies shall be disregarded;

• (e) in a case to which regulation 70(2)(c) applies, any income to which regulation 43 (notional earnings of seasonal workers) applies shall be disregarded.

• (2) The claimant's capital calculated in accordance with Part V, but including any capital referred to in paragraphs 3, and to the extent that such assets as are referred to in paragraph 6 consist of liquid assets, 6, 7 and 9(b) of Schedule 10 (capital to be disregarded) shall be taken into account in full and the amount of income support which would, but for this paragraph be payable under this regulation, shall be payable only to the extent that it exceeds the amount of that capital.

SCHEDULE 1 — Persons not required to be available for Employment

Lone parents

1

A person who is a lone parent and responsible for a child who is a member of his household.

Single persons looking after foster children

2

A single claimant or a lone parent with whom a child is boarded out by a Health and Social Services Board or a voluntary organisation within the meaning of the Children and Young Persons Act (Northern Ireland) 1968[^f00072].

Persons temporarily looking after another person

3

A person who is—

• (a) looking after a child because the parent of that child or the person who usually looks after him is ill or is temporarily absent from his home; or

• (b) looking after a member of the family who is temporarily ill.

Persons caring for another person

4

A person who is regularly and substantially engaged in caring for another person if—

• (a) the person doing the caring is in receipt of an invalid care allowance under section 37 of the principal Act[^f00073];

• (b) the person being cared for is in receipt of attendance allowance under section 35 of that Act; or

• (c) the person being cared for has claimed attendance allowance under that section but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier.

Persons incapable of work

5

A person who, by reason of some disease or bodily or mental disablement, is incapable of work.

Disabled workers

6

A person who is mentally or physically disabled and whose earning capacity is, by reason of that disability, reduced to 75 per cent. or less of what he would, but for that disability, be reasonably expected to earn.

Disabled students

7

A person who is a student and who, by reason of any mental or physical disability, would, in comparison with other students, be unlikely to obtain employment within a reasonable period of time.

Blind persons

8

A person who is a blind person registered with a Health and Social Services Board, established under Article 16 of the 1972 Order, but a person who has ceased to be so registered on regaining his eyesight shall nevertheless be treated as so registered for a period of 28 weeks following the date on which he ceased to be so registered.

Pregnancy

9

A woman who—

• (a) is incapable of work by reason of pregnancy; or

• (b) is or has been pregnant but only for the period commencing 11 weeks before her expected week of confinement and ending 7 weeks after the date on which her pregnancy ends.

Persons in education

10

A person to whom any provision of regulation 13(2)(a) to (e) (circumstances in which persons in relevant education are to be entitled to income support) applies.

Training allowances

11

A person who is in receipt of a training allowance.

Open University students

12

A person who is following an Open University course and is attending, as a requirement of that course, a residential course.

Persons within 10 years of pensionable age

13

A person who is within 10 years of attaining pensionable age and—

• (a) has not been in remunerative work during the previous 10 years; and

• (b) has no prospect of future employment in remunerative work; and

• (c) during that period has not been required to be available for employment in accordance with Article 21(3)(d)(i) of the Order (conditions of entitlement to income support), or would not have been so required had a claim to income support been made by or in respect of him.

Persons aged 60

14

A person aged not less than 60.

Allowances under the Job Release Act 1977

15

A person who is in receipt of an allowance under the Job Release Act 1977[^f00074].

Refugees

16

Notwithstanding that he would otherwise be a student, a person who is a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951[^f00075] as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967[^f00076] and who—

• (a) is attending for more than 15 hours a week a course for the purpose of learning English so that he may obtain employment; and

• (b) on the date on which that course commenced, had been in Northern Ireland for not more than 12 months,

but only for a period not exceeding 9 months.

Persons required to attend court

17

A person who is required to attend court for any period exceeding 2 days as a justice of the peace, a party to any proceedings, a witness or a juror.

Discharged prisoners

18

A person who has been discharged from detention in a prison, remand centre or young offender's centre but only for the period of 7 days commencing with the date of his discharge.

Persons affected by a trade dispute

19

A person to whom Article 24 of the Order (trade disputes) applies or in respect of whom Article 21(3) of the Order (conditions of entitlement to income support) has effect as modified by Article 24(8) of the Order (persons affected by a trade dispute and such persons returning to work for the first 15 days).

Persons from abroad

20

A person to whom regulation 70(3) (applicable amount of certain persons from abroad) applies.

Persons in custody

21

A person remanded in, or committed in, custody for trial or for sentencing.

SCHEDULE 2 — Applicable Amounts

PART I — PERSONAL ALLOWANCES

1

The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(a) and 18(a) and (b) (applicable amounts and polygamous marriages).

Column (1)	Column (1)	Column (2)	Column (2)
Person or Couple	Person or Couple	Amount	Amount
(1)	Single claimant aged—
	(a) less than 18;	(1)	(a) £19·40;
	(b) not less than 18 but less than 25;		(b) £26·05;
	(c) not less than 25.		(c) £33·40.
(2)	Lone parent aged—
	(a) less than 18;	(2)	(a) £19·40;
	(b) not less than 18.		(b) £33·40.
(3)	Couple—
	(a) where both members are aged less than 18;	(3)	(a) £38·80;
	(b) where at least one member is aged not less than 18.		(b) £51·45.

2

The weekly amounts specified in column (2) in respect of each person specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(b) and 18(c).

Column (1)	Column (1)	Column (2)
Child or Young Person	Child or Young Person	Amount
Person aged—	Person aged—
	(a) less than 11;	(a) £10·75;
	(b) not less than 11 but less than 16;	(b) £16·10;
	(c) not less than 16 but less than 18;	(c) £19·40;
	(d) not less than 18.	(d) £26·05.

PART II — FAMILY PREMIUM

3

The weekly amount for the purposes of regulations 17(c) and 18(d) in respect of a family of which at least one member is a child or young person shall be £6·15.

PART III — PREMIUMS

4

Except as provided in paragraph 5, the weekly premiums specified in Part IV shall, for the purposes of regulations 17 (d) and 18(e), be applicable to a claimant who satisfies the condition specified in paragraphs 8 to 14 in respect of that premium.

5

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

6

• (1) The severe disability premium to which paragraph 13 applies may be applicable in addition to either the higher pensioner premium to which paragraph 10 applies or the disability premium to which paragraph 11 applies.

• (2) The disabled child premium to which paragraph 14 applies may be applicable in addition to any other premium which may apply under this Schedule.

7

For the purposes of this Part, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit—

• (a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979[^f00077] applies, for any period during which, apart from the provisions of those regulations, he would be in receipt of that benefit; and

• (b) for any period spent by a person in undertaking a course of training or instruction provided or approved by the Department of Economic Development[^f00078] under section 1(1) of the Employment and Training Act (Northern Ireland) 1950[^f00079].

Lone Parent Premium

8

The condition for the lone parent premium is that the claimant is a member of a family but has no partner.

Pensioner Premium

9

The condition for the pensioner premium is that the claimant—

• (a) is a single claimant or lone parent aged not less than 60 but less than 80; or

• (b) has a partner and is, or his partner is, aged not less than 60 but less than 80.

Higher Pensioner Premium

10

• (1) Where the claimant is a single claimant or a lone parent, the condition for the higher pensioner premium is that—

• (a) he is aged not less than 80; or

• (b) he is aged less than 80 but not less than 60, and—

• (i) the additional condition specified in paragraph 12(1)(a) is satisfied, or

• (ii) he was entitled to income support and the disability premium was applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously entitled to income support since attaining that age.

• (2) Where the claimant has a partner, the condition is that—

• (a) he or his partner is aged not less than 80; or

• (b) he or his partner is aged less than 80 but not less than 60 and either—

• (i) the additional condition specified in paragraph 12(1)(a) is satisfied by whichever of them is aged not less than 60, or

• (ii) he was entitled to income support and the disability premium was applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously entitled to income support since attaining that age.

• (3) For the purposes of this paragraph and paragraph 12—

• (a) once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of 8 weeks or less, to be entitled to income support, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto;

• (b) in so far as sub-paragraphs (1)(b)(ii) and (2)(b)(ii) are concerned, if a claimant ceases to be entitled to income support for a period not exceeding 8 weeks which includes his 60th birthday, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto.

Disability Premium

11

The condition for the disability premium is that—

• (a) where the claimant is a single claimant or a lone parent, he is aged less than 60 and the additional condition specified in paragraph 12 is satisfied; or

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

• (i) the claimant is aged less than 60 and the additional condition specified in paragraph 12(1)(a) or (b) is satisfied by him, or

• (ii) his partner is aged less than 60 and the additional condition specified in paragraph 12(1)(a) is satisfied by his partner.

Additional condition for the Higher Pensioner and Disability Premiums

12

• (1) Subject to sub-paragraph (2) and paragraph 7, the additional condition referred to in paragraphs 10 and 11 is that—

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

• (i) is in receipt of one or more of the following benefits: attendance allowance, mobility allowance, mobility supplement, invalidity pension under section 15 of the principal Act[^f00080], or severe disablement allowance under section 36 of that Act[^f00081],

• (ii) is provided by the Department with an invalid carriage or other vehicle under Article 30(1) of the 1972 Order or receives payments by way of grant from the Department under Article 30(3) of that Order, or

• (iii) has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a Health and Social Services Board, established under Article 16 of that Order;

• (b) the claimant is and has, in respect of a period of not less than 28 weeks, been treated as having been incapable of work for the purposes of one or more of the provisions of the principal Act or Part II of the Social Security (Northern Ireland) Order 1982[^f00082] or, if he was in Great Britain for the whole or part of that period, was treated as having been incapable of work for the purposes of one or more of the comparable Great Britain provisions; or

• (c) the claimant, or as the case may be, his partner, was in receipt of either—

• (i) mobility allowance or invalidity pension under section 15 of the principal Act when entitlement to that benefit ceased solely on account of the maximum age for its payment being reached and the claimant has since remained continuously entitled to income support and, if the mobility allowance or invalidity pension was payable to his partner, the partner is still alive, or

• (ii) except where paragraph 1(a), (b), (c)(ii) or(d)(ii) of Schedule 7 (patients) applies, attendance allowance which is no longer in payment solely on account of the claimant or, as the case may be, his partner having undergone or having been treated as undergoing treatment for a period of more than 4 weeks by virtue of regulation 5 of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1987[^f00083],

and, in either case, the higher pensioner premium or disability premium has been applicable to the claimant or his partner.

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

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

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

Severe Disability Premium

13

• (1) The condition for the severe disability premium is that the claimant is a severely disabled person.

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

• (a) in the case of a single claimant or a lone parent—

• (i) he is in receipt of attendance allowance,

• (ii) subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him, and

• (iii) no one is in receipt of an invalid care allowance under section 37 of the principal Act[^f00084] in respect of caring for him;

• (b) where he has a partner—

• (i) he is in receipt of attendance allowance,

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

• (iii) subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him,

and, either there is someone in receipt of an invalid care allowance 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, there is no one in receipt of such an allowance in respect of caring for either member of the couple or any partner of the polygamous marriage.

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

• (a) a person receiving attendance allowance;

• (b) a person to whom regulation 3(3) (non-dependants) applies; or

• (c) subject to sub-paragraph (4), a person who joins the claimant's household for the first time in order to care for the claimant or his partner and immediately before so joining the claimant or his partner was treated as a severely disabled person.

• (4) Sub-paragraph (3)(c) shall 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.

Disabled Child Premium

14

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

• (a) has no capital or capital which, if calculated in accordance with Part V of these regulations in like manner as for the claimant, except where otherwise provided, would not exceed £3,000; and

• (b) is in receipt of attendance allowance or mobility allowance or both or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; or

• (c) is blind or treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).

PART IV — WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

Premium	Premium	Premium	Premium	Amount	Amount	Amount
15.-	(1) Lone Parent Premium.	(1) Lone Parent Premium.	(1) Lone Parent Premium.	(1) £3·70.	(1) £3·70.	(1) £3·70.
15.-	(2) Pensioner Premium—	(2) Pensioner Premium—	(2) Pensioner Premium—
15.-	(2) Pensioner Premium—	(2) Pensioner Premium—	(2) Pensioner Premium—	(a) where the claimant satisfies the condition in paragraph 9(a);	(a) where the claimant satisfies the condition in paragraph 9(a);	(2)	(a) £10·65;	(a) £10·65;
15.-	(2) Pensioner Premium—	(2) Pensioner Premium—	(2) Pensioner Premium—	(b) where the claimant satisfies the condition in paragraph 9(b).	(b) where the claimant satisfies the condition in paragraph 9(b).	(2)	(b) £16·25.
15.-	(3) Higher Pensioner Premium—	(3) Higher Pensioner Premium—	(3) Higher Pensioner Premium—
15.-	(3) Higher Pensioner Premium—	(3) Higher Pensioner Premium—	(3) Higher Pensioner Premium—	(a) where the claimant satisfies the condition in paragraph 10(1)(a) or (b);	(a) where the claimant satisfies the condition in paragraph 10(1)(a) or (b);	(3)	(a) £13·05;	(a) £13·05;
15.-	(3) Higher Pensioner Premium—	(3) Higher Pensioner Premium—	(3) Higher Pensioner Premium—	(b) where the claimant satisfies the condition in paragraph 10(2)(a) or (b).	(b) where the claimant satisfies the condition in paragraph 10(2)(a) or (b).	(3)	(b) £18·60.	(b) £18·60.
15.-	(4) Disability Premium—	(4) Disability Premium—	(4) Disability Premium—
15.-	(4) Disability Premium—	(4) Disability Premium—	(4) Disability Premium—	(a) where the claimant satisfies the condition in paragraph 11(a);	(a) where the claimant satisfies the condition in paragraph 11(a);	(4)	(a) £13·05;	(a) £13·05;
15.-	(4) Disability Premium—	(4) Disability Premium—	(4) Disability Premium—	(b) where the claimant satisfies the condition in paragraph 11(b).	(b) where the claimant satisfies the condition in paragraph 11(b).	(4)	(b) £18·60.	(b) £18·60.
15.-	(5) Severe Disability Premium—	(5) Severe Disability Premium—	(5) Severe Disability Premium—
15.-	(5) Severe Disability Premium—	(5) Severe Disability Premium—	(5) Severe Disability Premium—	(a) where the claimant satisfies the condition in paragraph 13(2)(a);	(a) where the claimant satisfies the condition in paragraph 13(2)(a);	(5)	(a) £24·75;	(a) £24·75;
15.-	(5) Severe Disability Premium—	(5) Severe Disability Premium—	(5) Severe Disability Premium—	(b) where the claimant satisfies the condition in paragraph 13(2)(b)—
15.-	(5) Severe Disability Premium—	(5) Severe Disability Premium—	(5) Severe Disability Premium—	(b) where the claimant satisfies the condition in paragraph 13(2)(b)—	(i) if there is someone in receipt of an invalid care allowance,	(5)	(b)	(i) £24·75,
15.-	(5) Severe Disability Premium—	(5) Severe Disability Premium—	(5) Severe Disability Premium—	(b) where the claimant satisfies the condition in paragraph 13(2)(b)—	(ii) if no one is in receipt of such an allowance.	(5)	(b)	(ii) £49·50.
15.-	(6) Disabled Child Premium.	(6) Disabled Child Premium.	(6) Disabled Child Premium.	(6) £6·15 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.	(6) £6·15 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.	(6) £6·15 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

PART V — ROUNDING OF FRACTIONS

16

Where income support is awarded for a period which is not a complete benefit week and the applicable amount in respect of that period results in an amount which includes a fraction of a penny that fraction shall be treated as a penny.

SCHEDULE 3 — Housing Costs

Eligible Housing Costs

1

Subject to paragraphs 2 to 12, the amounts which may be applicable to a person in respect of mortgage interest payments or other prescribed housing costs under regulation 17(e) or 18(1) (applicable amounts) are—

• (a) mortgage interest payments;

• (b) interest on loans for repairs and improvements to the dwelling occupied as the home;

• (c) ground rent;

• (d) service charges;

• (e) where the dwelling occupied as the home is a tent, payments in respect of the tent and the site on which it stands;

• (f) payments analogous to those mentioned in this paragraph.

Basic condition of entitlement to housing costs

2

Subject to paragraphs 3 to 12, the housing costs referred to in paragraph 1 shall be met where the claimant, or if he is one of a family, he or any member of his family is treated as responsible for the expenditure to which that cost relates in respect of the dwelling occupied as the home which he or any member of his family is treated as occupying.

Circumstances in which a person is treated as responsible for housing costs

3

• (1) A person is to be treated as responsible for the expenditure which relates to housing costs where—

• (a) he or his partner is liable to meet those costs other than to a member of the same household;

• (b) because the person liable to meet those costs is not doing so, he has to meet those costs in order to continue to live in the dwelling occupied as the home and either he was formerly the partner of the person liable, or he is some other person whom it is reasonable to treat as liable to meet the cost;

• (c) he in practice shares those costs with other members of his household, other than close relatives of his or his partner, at least one of whom either is responsible under the preceding provisions of this paragraph or has an equivalent responsibility for housing benefit expenditure and for which it is reasonable in the circumstances to treat him as sharing responsibility.

• (2) Where any one or more, but not all, members of the claimant's family are affected by a trade dispute, the housing costs shall be treated as those of those members of the family not so affected.

Circumstances in which a person is or is not to be treated as occupying a dwelling as his home

4

• (1) Subject to sub-paragraphs (2) to (9), a person shall be treated as occupying as his home the dwelling normally occupied as his home by himself or, if he is a member of a family, by himself and his family and he shall not be treated as occupying any other dwelling as his 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 shall be had to any other dwelling occupied by the claimant or by him and his family whether or not that dwelling is in Northern Ireland.