Regulation 48
1.—(1) Premises or land occupied by a person as their home.N.I.
(2) For the purposes of this paragraph and paragraphs 2 to 5, only one set of premises or land may be treated as a person's home.
2. Premises or land occupied by a close relative of a person as their home where that close relative has limited capability for work or has reached the qualifying age for state pension credit.N.I.
3. Premises or land occupied by a person's former partner as their home where the person and their former partner are not estranged, but living apart by force of circumstances, for example where the person is in residential care.N.I.
4.—(1) Premises or land that a person intends to occupy as their home where—N.I.
(a)the person has acquired the premises or land within the past 6 months but not yet taken up occupation,
(b)the person is taking steps to obtain possession and has commenced those steps within the past 6 months, or
(c)the person is carrying out essential repairs or alterations required to render the premises or land fit for occupation and these have been commenced within the past 6 months.
(2) A person is to be taken to have commenced steps to obtain possession of premises or land on the date that legal advice is first sought or proceedings are commenced, whichever is earlier.
5. Premises or land that a person has ceased to occupy as their home following an estrangement from their former partner where—N.I.
(a)the person has ceased to occupy the premises or land within the past 6 months, or
(b)the person's former partner is a lone parent and occupies the premises or land as their home.
6. Premises or land that a person is taking reasonable steps to dispose of where those steps have been commenced within the past 6 months.N.I.
7. Assets which are used wholly or mainly for the purposes of a trade, profession or vocation which the person is carrying on.N.I.
8. Assets which were used wholly or mainly for a trade, profession or vocation that the person has ceased to carry on within the past 6 months if—N.I.
(a)the person is taking reasonable steps to dispose of those assets, or
(b)the person ceased to be engaged in carrying on the trade, profession or vocation because of incapacity and can reasonably expect to be re-engaged on recovery.
9. The value of any policy of life insurance.N.I.
10.—(1) The value of any right to receive a pension under an occupational or personal pension scheme or any other pension scheme registered under section 153 of the Finance Act 2004 M1.N.I.
(2) “Occupational pension scheme” and “personal pension scheme” have the meaning in section 1 of the Pension Schemes (Northern Ireland) Act 1993. M2
11.—(1) The value of a funeral plan contract.N.I.
(2) “Funeral plan contract” means a contract under which the person makes payments to a person to secure the provision of a funeral and where the sole purpose of the plan is the provision of a funeral.
12. An amount deposited with a housing association as a condition of the person occupying premises as their home.N.I.
13.—(1) An amount received within the past 6 months which is to be used for the purchase of premises that the person intends to occupy as their home where that amount—N.I.
(a)is attributable to the proceeds of the sale of premises formerly occupied by the person as their home,
(b)has been deposited with a housing association as mentioned in paragraph 12, or
(c)is a grant made to the person for the sole purpose of the purchase of a home.
14. An amount received under an insurance policy within the past 6 months in connection with the loss or damage to the premises occupied by the person as their home or to their personal possessions.N.I.
15. An amount received within the past 6 months that is to be used for making essential repairs or alterations to premises occupied or intended to be occupied as the person's home where that amount has been acquired by the person (whether by grant or loan or otherwise) on condition that it is used for that purpose.N.I.
16. Any payment made within the last 12 months under Part 8 of the Contributions and Benefits Act (the social fund).N.I.
17.—(1) A payment made within the past 12 months by or on behalf of an authority—N.I.
(a)under Article 18, 34C, 34D, or 35A of the Children (Northern Ireland) Order 1995 M3, or
(b)under any other enactment in order to meet a person's welfare needs related to old age or disability, other than living expenses.
(2) In sub-paragraph (1) “living expenses” has the meaning in regulation 66(2).
Marginal Citations
M3S.I. 1995/755 (N.I. 2); Articles 34C and 34D were inserted by section 2 of the Children (Leaving Care) Act (Northern Ireland) 2002(c.11 (N.I.)) and Article 35A was inserted by section 4 of that Act.
18.—(1) A payment received within the past 12 months by way of arrears of, or compensation for late payment of—N.I.
(a)universal credit,
(b)a benefit abolished by Article 39 of the Order (abolition of benefits), or
(c)a social security benefit which is not included as unearned income under regulation 66(1)(a) or (b).
(2) “Social security benefit” means a benefit under any enactment or statutory provision relating to social security in any part of the United Kingdom [F1and includes armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011].
Textual Amendments
F1Words in Sch. 10 para. 18(2) added (31.10.2019) by The Social Security (Capital Disregards) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/195), regs. 1(1), 8(2)
[F218ZA. A payment made within the past 12 months of widowed parent’s allowance—N.I.
(a)to the survivor of a cohabiting partnership (within the meaning in section 39A(7) of the Contributions and Benefits Act) who is entitled to a widowed parent’s allowance for a period before the Bereavement Benefits (Remedial) Order 2023 comes into force, and
(b)in respect of any period of time during the period ending with the day before the day the survivor makes the claim for widowed parent’s allowance.]
Textual Amendments
F2Sch. 10 para. 18ZA inserted (9.2.2023) by The Bereavement Benefits (Remedial) Order 2023 (S.I. 2023/134), art. 1(2), Sch. para. 14(a) (with art. 2)
[F318A A payment received within the past 12 months by way of local welfare provision including arrears and payments in lieu of local welfare provision.]N.I.
Textual Amendments
19. A payment to a person by virtue of being a holder of the Victoria Cross or George Cross.N.I.
[F420.— [F5(1) A payment made within the past 12 months of bereavement support payment in respect of the rate set out in regulation 3(2) or (5) (rate of bereavement support payment) of the Bereavement Support Payment Regulations (Northern Ireland) 2017.]]N.I.
[F6(2) Where bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 (bereavement support payment) has been paid within the past 12 months to the survivor of a cohabiting partnership (within the meaning in section 29(6B) of the Pensions Act (Northern Ireland) 2015) in respect of a death occurring before the day the Bereavement Benefits (Remedial) Order 2023 comes into force, any amount of that payment which is—
(a)(i)in respect of the rate set out in regulation 3(1) of the Bereavement Support Payment (No. 2) Regulations (Northern Ireland) 2019 (rate of bereavement support payment), and
(ii)paid as a lump sum for more than one monthly recurrence of the day of the month on which their cohabiting partner died;
(b)in respect of the rate set out in regulation 3(2) of the Bereavement Support Payment (No. 2) Regulations (Northern Ireland) 2019.]
Textual Amendments
F4Sch. 10 para. 20 added (coming into force in accordance with reg. 1(2)(b) of the amending Rule) by The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2017 (S.R. 2017/66), arts. 1(2)(b), 28(4) (with arts. 2, 3)
F5Sch. 10 para. 20 renumbered as Sch. 10 para. 20(1) (9.2.2023) by The Bereavement Benefits (Remedial) Order 2023 (S.I. 2023/134), art. 1(2), Sch. para. 14(b)(i) (with art. 2)
F6Sch. 10 para. 20(2) inserted (9.2.2023) by The Bereavement Benefits (Remedial) Order 2023 (S.I. 2023/134), art. 1(2), Sch. para. 14(b)(ii) (with art. 2)
[F721. An ex-gratia payment made by the Secretary of State for Northern Ireland to members of the families of the disappeared, but only for a period of 52 weeks from the date of receipt of that payment.N.I.
Textual Amendments
F7Sch. 10 paras. 21, 22 added (coming into force in accordance with reg. 1(3) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(3), 9(19)
22. A payment made under Article 10 of the Victims and Survivors (Northern Ireland) Order 2006.]N.I.
Textual Amendments
F7Sch. 10 paras. 21, 22 added (coming into force in accordance with reg. 1(3) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(3), 9(19)
[F823. Any early years assistance given within the past 12 months in accordance with section 32 of the Social Security (Scotland) Act 2018.]N.I.
Textual Amendments
[F924. Any funeral expense assistance given within the past 12 months in accordance with section 34 of the Social Security (Scotland) Act 2018.]N.I.
Textual Amendments
F9Sch. 10 para. 24 inserted (16.9.2019 immediately after S.S.I. 2019/292 comes into force) by The Social Security (Scotland) Act 2018 (Funeral Expense Assistance and Early Years Assistance) (Consequential Modifications and Savings) Order 2019 (S.I. 2019/1060), arts. 1(2)(b), 20(2)
[F1025. Any assistance given within the past 12 months in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.]N.I.
Textual Amendments
[F1126. Any winter heating assistance given within the past 12 months in accordance with regulations made under section 30 of the Social Security (Scotland) Act 2018.]N.I.