Social Security Contributions and Benefits (Northern Ireland) Act 1992

131 The applicable amount

(1) The applicable amount, in relation to any income-related benefit, shall be such amount or the aggregate of such amounts as may be prescribed in relation to that benefit.

(2) The power to prescribe applicable amounts conferred by subsection (1) above includes power to prescribe nil as an applicable amount.

(3) In prescribing, for the purposes of income support, amounts under subsection (1) above in respect of accommodation in any area for qualifying persons in cases where prescribed conditions are fulfilled, the Department shall take into account—

(a) the amounts which the Department has agreed to pay, and

(b) information provided by the Board or other prescribed persons with respect to the amounts which the Board or such persons have agreed to pay,

for the provision of accommodation in relevant premises in that area.

(4) In subsection (3) above—

• “accommodation” includes any board or care;

• “the Board” means the Health and Social Services Board for that area;

• “qualifying persons” means persons who are ordinarily resident in relevant premises and the Department may by regulations prescribe the circumstances in which persons are to be treated as being ordinarily resident in relevant premises for the purposes of this subsection;

• “relevant premises” means subject to such exemptions as may be prescribed—

  (a)

  nursing homes in respect of which a person is registered under section 1 of the [1971 c. 32 (N.I.).] Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971;

  (b)

  homes for persons in need in respect of which a person is registered under Article 35 of, and Schedule 5 to, the [S.I. 1972/1265 (N.I. 14).] Health and Personal Social Services (Northern Ireland) Order 1972.

(5) In relation to income support and housing benefit, the applicable amount for a severely disabled person shall include an amount in respect of his being a severely disabled person.

(6) Regulations may specify circumstances in which persons are to be treated as being or as not being severely disabled.