123 Income support.N.I.
(1)A person in Northern Ireland is entitled to income support if—
[F1(a)he is of or over the age of 16;]
[F2(aa)he has not attained the qualifying age for state pension credit;]
(b)he has no income or his income does not exceed the applicable amount;
(c)he is not engaged in remunerative work and, if he is a member of a [F3couple], the other member is not so engaged; F4. . .
[F5(d)except in such circumstances as may be prescribed, he is not receiving relevant education;]
[F6(e)he falls within a prescribed category of person; F7...
(f)he is not entitled to a jobseeker’s allowance and, if he is a member of a [F8couple], the other member of the couple is not [F9, and the couple are not,] entitled to an income-based jobseeker’s allowance][F10; and
(g)if he is a member of a [F11couple], the other member of the couple is not entitled to state pension credit.]
(2)In subsection (1)(a) above “period” includes—
(a)a period of a determinate length;
(b)a period defined by reference to the happening of a future event; and
(c)a period of a determinate length but subject to earlier determination upon the happening of a future event.
(3)Circumstances may be prescribed in which a person must not only satisfy the condition specified in subsection (1)(d)(i) above but also be registered in the prescribed manner for employment.
(4)Subject to subsection (5) below, where a person is entitled to income support, then—
(a)if he has no income, the amount shall be the applicable amount; and
(b)if he has income, the amount shall be the difference between his income and the applicable amount.
(5)Where a person is entitled to income support for a period to which this subsection applies, the amount payable for that period shall be calculated in such manner as may be prescribed.
(6)Subsection (5) above applies—
(a)to a period of less than a week which is the whole period for which income support is payable; and
(b)to any other period of less than a week for which it is payable.
Textual Amendments
F1S. 123(1)(a) substituted (7.10.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 13(2); S.R. 1996/401, art. 2
F2S. 123(1)(aa) inserted (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), ss. 14, 21(2), Sch. 2 para. 2(a); S.R. 2002/366, art. 2(1)(l); S.R. 2003/373, art. 2
F3Word in s. 123(1)(c) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 96; S.I. 2005/3255, art. 2(1), Sch.
F4Word in s. 123(1)(c) repealed (7.10.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1)(2), Sch. 2 para. 13(3), Sch. 3; S.R. 1996/401, art. 2
F5S. 123(1)(d) substituted (7.10.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 13(4); S.R. 1996/401, art. 2
F6S. 123(1)(e)(f) inserted (5.2.1996 for the purpose only of authorising the making of regulations and 7.10.1996 otherwise) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 13(5); S.R. 1996/26, art. 2(b), Sch.; S.R. 1996/401, art. 2
F7Word in s. 123(1) repealed (6.10.2003) by State Pension Credit Act (Northern Ireland) 2002 (c. 14), s. 21(2), Sch. 3; S.R. 2003/373, art. 2
F8Word in s. 123(1)(f) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 96; S.I. 2005/3255, art. 2(1), Sch.
F9Words in s. 123(1)(f) inserted (19.3.2001) by S.I. 1999/3147 (N.I. 11), art. 67, Sch. 8 para. 26; S.R. 2001/114, art. 4(a)
F10S. 123(1)(g) and preceding word added (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), ss. 14, 21(2), Sch. 2 para. 2(a); S.R. 2002/366, art. 2(1)(l); S.R. 2003/373, art. 2
F11Word in s. 123(1)(g) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 96; S.I. 2005/3255, art. 2(1), Sch.
Modifications etc. (not altering text)
C1S. 123(1)(e) modified (1.7.1998) by S.I. 1998/1506 (N.I. 10), arts. 1(3), 73(8)(d)