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

Prospective

Regulation 31(9)

SCHEDULE 6 N.I. Amounts to be disregarded in the calculation of income other than earnings

1.  In addition to any sum which falls to be disregarded in accordance with paragraphs 2 to 7, any of the following, namely— N.I.

(a) a war disablement pension;

(b) a war widow’s or war widower’s pension;

(c) a pension payable to a person as a surviving spouse or surviving civil partner under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865(1) or the Pensions and Yeomanry Pay Act 1884(2), or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(3) and any power of Her Majesty otherwise than under any statutory provision to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

(d) a guaranteed income payment;

(e) a payment made to compensate for the non-payment of such a pension or payment as is mentioned in any of the preceding sub-paragraphs;

(f) a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions or payments mentioned in sub-paragraphs (a) to (d).

Commencement Information

I1 Sch. 6 para. 1 in operation at 20.11.2006, see reg. 1(1)

2.  £10 of a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria. N.I.

Commencement Information

I2 Sch. 6 para. 2 in operation at 20.11.2006, see reg. 1(1)

3.  The whole of any amount included in a pension to which paragraph 2 relates in respect of— N.I.

(a) the claimant’s need for constant attendance;

(b) the claimant’s exceptionally severe disablement.

Commencement Information

I3 Sch. 6 para. 3 in operation at 20.11.2006, see reg. 1(1)

4.  Any mobility supplement under article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983 or any payment intended to compensate for the non-payment of such a supplement. N.I.

Commencement Information

I4 Sch. 6 para. 4 in operation at 20.11.2006, see reg. 1(1)

5.  Any supplementary pension under article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners). N.I.

Commencement Information

I5 Sch. 6 para. 5 in operation at 20.11.2006, see reg. 1(1)

6.  In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983(4) (pensions to surviving spouses and surviving civil partners), the sum specified in paragraph l(c) of Schedule 4 to that Scheme. N.I.

Commencement Information

I6 Sch. 6 para. 6 in operation at 20.11.2006, see reg. 1(1)

7.—(1) Any payment which is— N.I.

(a) made under any of the Dispensing Instruments to a widow, widower or surviving civil partner of a person—

(i) whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown, and

(ii) whose service in such capacity terminated before 31st March 1973; and

(b) equal to the amount specified in article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.

(2) In this paragraph “the Dispensing Instruments”(5) means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances).

Commencement Information

I7 Sch. 6 para. 7 in operation at 20.11.2006, see reg. 1(1)

8.  £15 of any widowed parent’s allowance to which the claimant is entitled under section 39A of the Act(6). N.I.

Commencement Information

I8 Sch. 6 para. 8 in operation at 20.11.2006, see reg. 1(1)

9.  £15 of any widowed mother’s allowance to which the claimant is entitled under section 37 of the Act. N.I.

Commencement Information

I9 Sch. 6 para. 9 in operation at 20.11.2006, see reg. 1(1)

10.  Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to— N.I.

(a) where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20, 100 per cent. of such payments; or

(b) where the aggregate of any such payments exceeds £20, £20 and 50 per cent. of the excess over £20.

Commencement Information

I10 Sch. 6 para. 10 in operation at 20.11.2006, see reg. 1(1)

11.  If the claimant— N.I.

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

(b) occupies a part of that property; and

(c) has an agreement with another person allowing that person to occupy another part of that property on payment of rent and—

(i) the amount paid by that person is less than £20 per week, the whole of that amount, or

(ii) the amount paid is £20 or more per week, £20.

Commencement Information

I11 Sch. 6 para. 11 in operation at 20.11.2006, see reg. 1(1)

12.  Where a claimant receives income under an annuity purchased with a loan, which satisfies the following conditions— N.I.

(a) that the loan was made as part of a scheme under which not less than 90 per cent. of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of 2 or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;

(b) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;

(c) that the loan was secured on a dwelling in Northern Ireland and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling;

(d) that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid; and

(e) that the interest payable on the loan is paid by the person to whom the loan was made or by one of the annuitants,

the amount, calculated on a weekly basis, equal to—

(i) where, or insofar as, section 369 of the Taxes Act (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act(7);

(ii) in any other case the interest which is payable on the loan without deduction of such a sum.

Commencement Information

I12 Sch. 6 para. 12 in operation at 20.11.2006, see reg. 1(1)

13.—(1) Any payment, other than a payment to which sub-paragraph (2) applies, made to the claimant by Trustees in exercise of a discretion exercisable by them. N.I.

(2) This sub-paragraph applies to payments made to the claimant by Trustees in exercise of a discretion exercisable by them for the purpose of——

(a) obtaining food, ordinary clothing or footwear or household fuel;

(b) the payment of rent or rates for which that claimant or his partner is liable;

(c) meeting housing costs of a kind specified in Schedule 2 to the State Pension Credit Regulations (Northern Ireland) 2003(8).

(3) In a case to which sub-paragraph (2) applies, £20 or——

(a) if the payment is less than £20, the whole payment;

(b) if, in the claimant’s case, £10 is disregarded in accordance with paragraph 2, £10 or the whole payment if it is less than £10; or

(c) if, in the claimant’s case, £15 is disregarded under paragraph 7 or 8 and—

(i) he has no disregard under paragraph l(a) to (f) or 2, £5 or the whole payment if it is less than £5;

(ii) he has a disregard under paragraph l(a) to (f) or 2, nil.

(4) For the purposes of this paragraph——

“ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities;

“rent or rates” means eligible rent or rates less any deductions in respect of non-dependants which fall to be made under regulation 53.

Commencement Information

I13 Sch. 6 para. 13 in operation at 20.11.2006, see reg. 1(1)

14.  Any increase in pension under Part III of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 paid in respect of a dependant other than the pensioner’s spouse or civil partner. N.I.

Commencement Information

I14 Sch. 6 para. 14 in operation at 20.11.2006, see reg. 1(1)

15.  Any payment ordered by a court to be made to the claimant or the claimant’s partner in consequence of any accident, injury or disease suffered by the person or a child of the person to or in respect of whom the payments are made. N.I.

Commencement Information

I15 Sch. 6 para. 15 in operation at 20.11.2006, see reg. 1(1)

16.  Periodic payments made to the claimant or the claimant’s partner under an agreement entered into in settlement of a claim made by the claimant or, as the case may be, the claimant’s partner for an injury suffered by him. N.I.

Commencement Information

I16 Sch. 6 para. 16 in operation at 20.11.2006, see reg. 1(1)

17.  Any income which is payable outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of that income. N.I.

Commencement Information

I17 Sch. 6 para. 17 in operation at 20.11.2006, see reg. 1(1)

18.  Any banking charges or commission payable in converting to sterling payments of income made in a currency other than sterling. N.I.

Commencement Information

I18 Sch. 6 para. 18 in operation at 20.11.2006, see reg. 1(1)

19.  Where the claimant makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating— N.I.

(a) under regulations made in exercise of the powers conferred by Articles 50 and 51 of the Education and Libraries (Northern Ireland) Order 1986(9), that student’s award; or

(b) the student’s student loan,

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

Commencement Information

I19 Sch. 6 para. 19 in operation at 20.11.2006, see reg. 1(1)

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

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

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

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

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

(a) the weekly amount of the payments; or

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

whichever is less.

Commencement Information

I20 Sch. 6 para. 20 in operation at 20.11.2006, see reg. 1(1)

21.—(1) Where a claimant’s applicable amount includes an amount by way of a family premium, £15 of any payment of maintenance, whether under a court order or not, which is made or due to be made by the claimant’s spouse, civil partner, former spouse or former civil partner or the claimant’s partner’s spouse, civil partner, former spouse, or former civil partner. N.I.

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

Commencement Information

I21 Sch. 6 para. 21 in operation at 20.11.2006, see reg. 1(1)

22.  Except in a case which falls under paragraph 9 of Schedule 5, where the claimant is a person who satisfies the conditions of sub-paragraph (2) of that paragraph, any amount of working tax credit up to £14·90. N.I.

Commencement Information

I22 Sch. 6 para. 22 in operation at 20.11.2006, see reg. 1(1)

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

Commencement Information

I23 Sch. 6 para. 23 in operation at 20.11.2006, see reg. 1(1)

24.  Any special war widows payment made under—— N.I.

(a) the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865;

(b) the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977(10);

(c) the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917(11);

(d) the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980(12);

(e) the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980(13),

and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e).

Commencement Information

I24 Sch. 6 para. 24 in operation at 20.11.2006, see reg. 1(1)

25.  Where the total value of any capital specified in Part II of Schedule 7 does not exceed— N.I.

(a) in the case of a claimant residing permanently in accommodation to which regulation 27(6) applies, £10,000; or

(b) in any other case, £6,000,

any income actually derived from such capital.

Commencement Information

I25 Sch. 6 para. 25 in operation at 20.11.2006, see reg. 1(1)

(1)

1865 c. 73

(2)

1884 c. 55

(3)

1977 c. 5

(4)

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

(5)

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

(6)

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

(7)

Subsection (1A) was inserted by section 81(3) of the Finance Act 1994 (c. 9)

(8)

S.R. 2003 No. 28

(9)

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

(10)

Army Code No. 13045 published by TSO

(11)

1917 c. 51; Queen’s Regulations for the Royal Air Force are available from TSO

(12)

1980 c. 9

(13)

Army Code No. 60589 published by TSO