- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (27/09/2017)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 27/09/2017.
Social Security Administration (Northern Ireland) Act 1992, Section 72A is up to date with all changes known to be in force on or before 14 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies where—
(a)a person (“the claimant”) is entitled to a benefit to which this section applies;
(b)the Department is collecting periodical payments of child or spousal maintenance made in respect of the claimant or a member of the claimant’s family; and
(c)the inclusion of any such periodical payment in the claimant’s relevant income would, apart from this section, have the effect of reducing the amount of the benefit to which the claimant is entitled.
(2)The Department may, to such extent as it considers appropriate, treat any such periodical payment as not being relevant income for the purposes of calculating the amount of benefit to which the claimant is entitled.
(3)The Department may, to the extent that any periodical payment collected by it is treated as not being relevant income for those purposes, retain the whole or any part of that payment.
(4)Any sum retained by the Department under subsection (3) shall be paid by the Department into the Consolidated Fund.
(5)In this section—
“child” means a person under the age of 16.
“child maintenance”, “spousal maintenance” and “relevant income” have such meaning as may be prescribed;
[F2“couple” has the meaning given by section 133(1) of the Contributions and Benefits Act;]
“family” means—
a [F3couple] ;
a [F3couple] and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;
except in prescribed circumstances, a person who is not a member of a [F3couple] and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;
F4...
F4...
(6)For the purposes of this section, the Department may by regulations make provision as to the circumstances in which—
(a)persons are to be treated as being or not being members of the same household;
(b)one person is to be treated as responsible or not responsible for another.
(7)The benefits to which this section applies are [F5universal credit,] income support, an income-based jobseeker’s allowance [F6, an income-related employment and support allowance] and such other benefits (if any) as may be prescribed.]
Textual Amendments
F1S. 72A inserted (16.11.1995) by S.I. 1995/2702 (N.I. 13), art. 18; S.I. 1995/428, art. 2, Sch.
F2Words in s. 72A(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 112(a); S.I. 2005/3255, art. 2(1), Sch.
F3Words in s. 72A(5) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 112(b); S.I. 2005/3255, art. 2(1), Sch.
F4Words in s. 72A(5) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 112(c), Sch. 30; S.I. 2005/3255, art. 2(1), Sch.
F5Words in s. 72A(7) inserted (27.9.2017) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 8; S.R. 2017/190, art. 4(1)(2)(g)(ii)
F6Words in s. 72A(7) inserted (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 3 para. 4(9); S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2
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