The Income Support (General) Regulations (Northern Ireland) 1987

1. Introductory Text

2. 1. Citation and commencement

3. 2. Interpretation

4. 3. Definition of non-dependant

5. PART II CONDITIONS OF ENTITLEMENT

   1. 4. Temporary absence from Northern Ireland

   2. 5. Persons treated as engaged in remunerative work

   3. 6. Persons not treated as engaged in remunerative work

   4. 7. Meaning of employment

   5. 8. Persons not required to be available for employment

   6. 9. Persons treated as available for employment

   7. 10. Circumstances in which claimants are not to be treated as available for employment

   8. 11. Registration for employment

   9. 12. Relevant education

   10. 13. Circumstances in which persons in relevant education are to be entitled to income support

6. PART III MEMBERSHIP OF THE FAMILY

   1. 14. Persons of a prescribed description

   2. 15. Circumstances in which a person is to be treated as responsible or not responsible for another

   3. 16. Circumstances in which a person is to be treated as being or not being a member of the household

7. PART IV APPLICABLE AMOUNTS

   1. 17. Applicable amounts

   2. 18. Polygamous marriages

   3. 19. Persons in homes for persons in need and nursing homes

   4. 20. Persons in board and lodging accommodation and hostels

   5. 21. Special cases

   6. 22. Reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification

8. PART V INCOME AND CAPITAL

   1. CHAPTER I GENERAL

      1. 23. Calculation of income and capital of members of claimant's family and of a polygamous marriage

      2. 24. Treatment of charitable or voluntary payments

      3. 25. Liable relative payments

      4. 26. Calculation of income and capital of students

      5. 27. Disregard of fractions

   2. CHAPTER II INCOME

      1. 28. Calculation of income

      2. 29. Calculation of earnings derived from employed earner's employment and income other than earnings

      3. 30. Calculation of earnings of self-employed earners

      4. 31. Date on which income is treated as paid

      5. 32. Calculation of weekly amount of income

      6. 33. Weekly amount of charitable or voluntary payment

      7. 34. Incomplete weeks of benefit

   3. CHAPTER III EMPLOYED EARNERS

      1. 35. Earnings of employed earners

      2. 36. Calculation of net earnings of employed earners

   4. CHAPTER IV SELF-EMPLOYED EARNERS

      1. 37. Earnings of self-employed earner

      2. 38. Calculation of net profit of self-employed earners

      3. 39. Deduction of tax and contributions for self-employed earners

   5. CHAPTER V OTHER INCOME

      1. 40. Calculation of income other than earnings

      2. 41. Capital treated as income

      3. 42. Notional income

      4. 43. Notional earnings of seasonal workers

      5. 44. Modifications in respect of children and young persons

   6. CHAPTER VI CAPITAL

      1. 45. Capital limit

      2. 46. Calculation of capital

      3. 47. Disregard of capital of child or young person

      4. 48. Income treated as capital

      5. 49. Calculation of capital in the United Kingdom

      6. 50. Calculation of capital outside the United Kingdom

      7. 51. Notional capital

      8. 52. Capital jointly held

      9. 53. Calculation of tariff income from capital

   7. CHAPTER VII LIABLE RELATIVES

      1. 54. Interpretation

      2. 55. Treatment of liable relative payments

      3. 56. Period over which periodical payments are to be taken into account

      4. 57. Period over which payments other than periodical payments are to be taken into account

      5. 58. Calculation of the weekly amount of a liable relative payment

      6. 59. Date on which a liable relative payment is to be treated as paid

      7. 60. Liable relative payments to be treated as capital

   8. CHAPTER VIII STUDENTS

      1. 61. Interpretation

      2. 62. Calculation of grant income

      3. 63. Calculation of covenant income where a contribution is assessed

      4. 64. Calculation of covenant income where no grant income or no contribution is assessed

      5. 65. Relationship with amounts to be disregarded under Schedule 9

      6. 66. Other amounts to be disregarded

      7. 67. Disregard of contribution

      8. 68. Income treated as capital

      9. 69. Disregard of changes occurring during summer vacation

9. PART VI URGENT CASES

   1. 70. Urgent cases

   2. 71. Applicable amounts in urgent cases

   3. 72. Assessment of income and capital in urgent cases

10. Signature

11. 1. SCHEDULE 1

       Persons not required to be available for Employment

       1. 1. Lone parents

       2. 2. Single persons looking after foster children

       3. 3. Persons temporarily looking after another person

       4. 4. Persons caring for another person

       5. 5. Persons incapable of work

       6. 6. Disabled workers

       7. 7. Disabled students

       8. 8. Blind persons

       9. 9. Pregnancy

       10. 10. Persons in education

       11. 11. Training allowances

       12. 12. Open University students

       13. 13. Persons within 10 years of pensionable age

       14. 14. Persons aged 60

       15. 15. Allowances under the Job Release Act 1977

       16. 16. Refugees

       17. 17. Persons required to attend court

       18. 18. Discharged prisoners

       19. 19. Persons affected by a trade dispute

       20. 20. Persons from abroad

       21. 21. Persons in custody

    2. SCHEDULE 2

       Applicable Amounts

       1. PART I PERSONAL ALLOWANCES

          1. 1. The weekly amounts specified in column (2) in respect of...

          2. 2. The weekly amounts specified in column (2) in respect of...

       2. PART II FAMILY PREMIUM

          1. 3. The weekly amount for the purposes of regulations 17(c) and...

       3. PART III PREMIUMS

          1. 4. Except as provided in paragraph 5, the weekly premiums specified...

          2. 5. Subject to paragraph 6, where a claimant satisfies the conditions...

          3. 6. (1) The severe disability premium to which paragraph 13 applies...

          4. 7. For the purposes of this Part, once a premium is...

          5. 8. Lone Parent Premium

          6. 9. Pensioner Premium

          7. 10. Higher Pensioner Premium

          8. 11. Disability Premium

          9. 12. Additional condition for the Higher Pensioner and Disability Premiums

          10. 13. Severe Disability Premium

          11. 14. Disabled Child Premium

       4. PART IV WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

       5. PART V ROUNDING OF FRACTIONS

          1. 16. Where income support is awarded for a period which is...

    3. SCHEDULE 3

       Housing Costs

       1. 1. Eligible Housing Costs

       2. 2. Basic condition of entitlement to housing costs

       3. 3. Circumstances in which a person is treated as responsible for housing costs

       4. 4. Circumstances in which a person is or is not to be treated as occupying a dwelling as his home

       5. 5. Circumstances in which no amount of housing costs may be met

       6. 6. Apportionment of housing costs

       7. 7. Interest on loans to acquire an interest in the dwelling occupied as the home

       8. 8. Interest on loans for repairs and improvements to the dwelling occupied as the home

       9. 9. Other housing costs

       10. 10. Restriction on meeting housing costs under this Schedule

       11. 11. Non-dependant deductions

       12. 12. Rounding of fractions

    4. SCHEDULE 4

       1. PART I APPLICABLE AMOUNTS OF PERSONS IN HOMES FOR PERSONS IN NEED AND NURSING HOMES

          1. 1. (1) Subject to sub-paragraph (2), the weekly applicable amount of...

          2. 2. (1) Where, in addition to the weekly charge for accommodation,...

          3. 3. Where any part of the weekly charge for the accommodation...

          4. 4. Where a payment is to be made in respect of...

          5. 5. (1) Subject to paragraph 11, the maximum referred to in...

          6. 6. Homes for persons in need

          7. 7. Nursing Homes

          8. 8. For the purposes of paragraphs 6(1)(e) and 7(d) this paragraph...

          9. 9. The appropriate amount applicable to a claimant in a home...

          10. 10. (1) Where more than one amount would otherwise be applicable,...

          11. 11. Circumstances in which the maximum is not to apply

          12. 12. Personal allowances

       2. PART II PERSONS TO WHOM REGULATION 19 DOES NOT APPLY

          1. 13. A claimant and his family whose accommodation and meals (if...

          2. 14. A person who is on holiday and during a period...

          3. 15. A person who has entered a home for persons in...

          4. 16. A person aged 16 or over but under 19 who...

    5. SCHEDULE 5

       1. PART I APPLICABLE AMOUNTS OF PERSONS IN BOARD AND LODGING ACCOMMODATION OR HOSTELS

          1. 1. (1) Subject to sub-paragraph (2), the weekly applicable amount of...

          2. 2. Where the weekly charge for accommodation does not include the...

          3. 3. Where any part of the weekly charge for the accommodation...

          4. 4. Where a payment is to be made in respect of...

          5. 5. Subject to paragraphs 6 and 7, the maximum referred to...

          6. 6. The maximum amount applicable in respect of a member of...

          7. 7. Except as provided by paragraph 9, the maximum amount specified...

          8. 8. The increase referred to in paragraph 7 shall apply in...

          9. 9. Only one increase under paragraph 7 shall be applicable in...

          10. 10. (1) Where the claimant satisfies the conditions in sub-paragraph (2),...

          11. 11. The allowance for personal expenses for the claimant and each...

       2. PART II PERSONS TO WHOM REGULATION 20 AND PART I ARE NOT TO APPLY

          1. 12. A claimant and his family whose accommodation and meals (if...

          2. 13. A person who is on holiday and during a period...

          3. 14. A person who has entered into arrangements for board and...

          4. 15. A person aged 16 or over but under 19 who...

          5. 16. (1) Subject to sub-paragraphs (2) to (5), a person who—...

          6. 17. (1) A person who was for a period one to...

          7. 18. In this Schedule “initial period” means that period provided by...

    6. SCHEDULE 6

       Board and Lodging Areas, Maximum Amounts and Initial Periods

    7. SCHEDULE 7

       Applicable Amounts in Special Cases

       1. 18. Rounding of fractions

    8. SCHEDULE 8

       Sums to be disregarded in the Calculation of Earnings

       1. 1. In the case of a claimant who has been engaged...

       2. 2. In the case of a claimant who has been engaged...

       3. 3. In the case of a claimant who has been engaged...

       4. 4. (1) If the calculation of the claimant's applicable amount—

       5. 5. If an amount by way of a lone parent premium...

       6. 6. (1) In a case where paragraph 4 does not apply,...

       7. 7. (1) In a case to which none of paragraphs 4...

       8. 8. Where the claimant is engaged in one or more employments...

       9. 9. In a case to which none of paragraphs 4 to...

       10. 10. Notwithstanding paragraphs 6, 7 or 9, where 2 or more...

       11. 11. Any earnings derived from employment which are payable in a...

       12. 12. Where a payment of earnings is made in a currency...

       13. 13. Any earnings which are due to be paid before the...

       14. 14. Any earnings of a child or young person except earnings...

       15. 15. In the case of earnings of a person treated as...

       16. 16. In this Schedule “part-time employment” means employment in which the...

    9. SCHEDULE 9

       Sums to be disregarded in the Calculation of Income other than Earnings

       1. 1. Any amount paid by way of tax on income which...

       2. 2. Any payment in respect of any expenses incurred by a...

       3. 3. In the case of employment as an employed earner, any...

       4. 4. In the case of a payment of statutory sick pay...

       5. 5. Any housing benefit.

       6. 6. Any mobility allowance.

       7. 7. Any concessionary payment made to compensate for the non-payment of—...

       8. 8. Any mobility supplement or any payment intended to compensate for...

       9. 9. Any attendance allowance but, where the claimant is in a...

       10. 10. Any payment to the claimant as holder of the Victoria...

       11. 11. Any sum in respect of a course of study attended...

       12. 12. In the case of a claimant to whom regulation 9(1)...

       13. 13. In the case of a claimant attending a training course...

       14. 14. Any Job Start Allowance payable pursuant to arrangements made under...

       15. 15. Except in the case of a person to whom Article...

       16. 16. Subject to paragraphs 36 and 37, £5 of any of...

       17. 17. Where a claimant receives income under an annuity purchased with...

       18. 18. Any payment made to the claimant by a member of...

       19. 19. Where the claimant occupies a dwelling as his home which...

       20. 20. Where a claimant is employed in providing board and lodging...

       21. 21. Except where regulation 42(4)(a)(i) (notional income) applies or in the...

       22. 22. (1) Any income derived from capital to which the claimant...

       23. 23. Any income which is payable in a country outside the...

       24. 24. Where a payment of income is made in a currency...

       25. 25. (1) Any payment made to the claimant in respect of...

       26. 26. Any payment made by a Health and Social Services Board...

       27. 27. Any payment made by a Health and Social Services Board,...

       28. 28. Except in the case of a person to whom Article...

       29. 29. (1) Any payment received under an insurance policy, taken out...

       30. 30. Except where paragraph 28 applies, any payment made to the...

       31. 31. Any social fund payment.

       32. 32. Any payment of income which under regulation 48 (income treated...

       33. 33. Any payment under paragraph 2 of Schedule 6 to the...

       34. 34. In the case of a person to whom Article 24...

       35. 35. Any payment which is due to be paid before the...

       36. 36. The total of a claimant's income or, if he is...

       37. 37. Notwithstanding paragraph 36 where 2 or more payments of the...

    10. SCHEDULE 10

        Capital to be Disregarded

        1. 1. The dwelling occupied as the home but, notwithstanding regulation 23...

        2. 2. Any premises acquired for occupation by the claimant which he...

        3. 3. Any sum directly attributable to the proceeds of sale of...

        4. 4. Any premises occupied in whole or in part by—

        5. 5. Any reversionary interest.

        6. 6. The assets of any business owned in whole or in...

        7. 7. Any arrears of, or any concessionary payment made to compensate...

        8. 8. Any sum— (a) paid to the claimant in consequence of...

        9. 9. Any sum— (a) deposited with a housing association as a...

        10. 10. Any personal possessions except those which had or have been...

        11. 11. The value of the right to receive any income under...

        12. 12. (1) Where the funds of a trust are derived from...

        13. 13. The value of the right to receive any income under...

        14. 14. The value of the right to receive any income which...

        15. 15. The surrender value of any policy of life insurance.

        16. 16. Where any payment of capital falls to be made by...

        17. 17. Except in the case of a person to whom Article...

        18. 18. Any social fund payment.

        19. 19. Any refund of tax which falls to be deducted under...

        20. 20. Any capital which under regulations 41 and 44(1) (capital treated...

        21. 21. Where a payment of capital is made in a currency...

12. Explanatory Note