The Employment and Support Allowance Regulations (Northern Ireland) 2008

Housing costs N.I.

1.—(1) Subject to the following provisions of this Schedule, the housing costs applicable to a claimant are those costs—

(a) which the claimant or, where the claimant has a partner, that partner is, in accordance with paragraph 4, liable to meet in respect of the dwelling occupied as the home which the claimant or that claimant’s partner is treated as occupying; and

(b) which qualify [F1 under paragraph 18] .

(2) In this Schedule—

F2 ...

(a)

(i)

(ii)

(b)

(c)

“housing costs” means those costs to which sub-paragraph (1) refers;

F2 ...

F3 ...

(3) For the purposes of this Schedule a disabled person is a person—

[F4 (a) (i) in respect of whom the main phase employment and support allowance is payable to the claimant or to a person living with the claimant; or

(ii) where they are the claimant or a person living with the claimant, in respect of whom there would be entitlement to an employment and support allowanceF5 ..., but for the application of section 1A of the Act (duration of contributory allowance);]

(b) who, had that person been entitled to income support, would have satisfied the requirements of paragraph 12 of Schedule 2 to the Income Support Regulations (additional condition for the disability premium);

(c) aged 75 or over; F6 ...

(d) who is disabled or severely disabled for the purposes of section 9(6) of the Tax Credits Act (maximum rate) [F7 ; or]

[F8 (e) who is entitled to an award of universal credit the calculation of which [F9 and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 40 and 41 of the Universal Credit Regulations (Northern Ireland) 2016] ;]

[F10 (3A) For the purposes of this Schedule a claimant is a “work or training beneficiary” on any day in a linking term where the claimant—

(a) had limited capability for work—

(i) for more than 13 weeks in the most recent past period of limited capability for work, or

(ii) for 13 weeks or less in the most recent past period of limited capability for work where the claimant became entitled to an award of an employment and support allowance by virtue of a conversion decision which took effect from the commencement of the most recent past period of limited capability for work;

(b) ceased to be entitled to an allowance or advantage at the end of that most recent past period of limited capability for work; and

(c) became engaged in work or training within one month of so ceasing to be entitled.

(3B) A claimant is not a work or training beneficiary if—

(a) the most recent past period of limited capability for work was ended by a determination that the claimant did not have limited capability for work; and

(b) that determination was on the basis of a limited capability for work assessment.

(3C) In sub-paragraphs (3A) and (3B)—

“allowance or advantage” means any allowance or advantage under the Act or the Contributions and Benefits Act for which entitlement is dependent on limited capability for work;

“conversion decision” has the meaning given in regulation 5(2)(a) of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010;

“linking term” means a period of 104 weeks from the first day immediately following the last day in a period of limited capability for work;

“most recent past period of limited capability for work” means the period of limited capability for work which most recently precedes the period in respect of which the current claim is made, including any period of which that previous period is treated as a continuation by virtue of regulation 145(1) (linking rules); and

“work” means work other than work under regulation 45 (exempt work), for which payment is made or which is done in expectation of payment.]

(4) For the purposes of sub-paragraph (3), a person shall not cease to be a disabled person on account of that person being disqualified for receiving benefit or treated as not having limited capability for work by virtue of the operation of section 18(1) to (3) of the Act.

Textual Amendments

F1 Words in Sch. 6 para. 1(1)(b) substituted (6.4.2018) by The Loans for Mortgage Interest Regulations (Northern Ireland) 2017 (S.R. 2017/176), reg. 1(2)(a), Sch. 5 para. 4(c)(i) (with regs. 19-21) (as amended by S.R. 2018/37, regs. 1(2), 2(14)(15))

F2 Words in Sch. 6 para. 1(2) omitted (1.4.2016) by virtue of The Social Security (Housing Costs Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/44), regs. 1(1), 4(2)(a) (with reg. 6)

F3 Words in Sch. 6 para. 1(2) omitted (6.4.2018) by virtue of The Loans for Mortgage Interest Regulations (Northern Ireland) 2017 (S.R. 2017/176), reg. 1(2)(a), Sch. 5 para. 4(c)(ii) (with regs. 19-21) (as amended by S.R. 2018/37, regs. 1(2), 2(14)(15))

F4 Sch. 6 para. 1(3)(a) substituted (28.11.2016) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/175), regs. 1(1), 8(4)

F5 Words in Sch. 6 para. 1(3)(a)(ii) omitted (3.4.2017) by virtue of The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), regs. 1, 2(5)(a) (with Sch. 2)

F6 Word in Sch. 6 para. 1(3)(c) omitted (coming into force in accordance with reg. 1(1) of the amending Rule) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(8)(a)(i)

F7 Word in Sch. 6 para. 1(3)(d) inserted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(8)(a)(ii)

F8 Sch. 6 para. 1(3)(e) inserted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(8)(a)(iii)

F9 Words in Sch. 6 para. 1(3)(e) substituted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/146), reg. 1(3), Sch. 1 para. 6

F10 Sch. 6 para. 1(3A)-(3C) inserted (28.11.2016) by The Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2016 (S.R. 2016/176), regs. 1(2), 4(7)

Modifications etc. (not altering text)

C1 Sch. 6 para. 1(2) applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations (Northern Ireland) 2008 (S.R. 2008/503), regs. 1(3), 11(a) (with reg. 8)

Commencement Information

I1 Sch. 6 para. 1 in operation at 27.10.2008, see reg. 1(1)