Regulation 22
Regulation 4ZA
1. A person who is a lone parent and responsible for a child who is a member of his household.
2. A single claimant or a lone parent with whom a child is boarded out by a Health and Social Services Board or an HSS trust or a voluntary organisation within the meaning of the Children (Northern Ireland) Order 1995(1).
3. A person who is—
(a)looking after a child because the parent of that child or the person who usually looks after him is ill or is temporarily absent from his home; or
(b)looking after a member of his family who is temporarily ill.
4. A person (the carer)—
(a)who is regularly and substantially engaged in caring for another person if—
(i)the person being cared for is in receipt of attendance allowance under section 64 of the Contributions and Benefits Act or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act,
(ii)the person being cared for has claimed attendance allowance under that section but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier, or
(iii)the person being cared for has claimed entitlement to a disability living allowance but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or
(b)who is engaged in caring for another person and who is in receipt of an invalid care allowance.
5. A person to whom paragraph 4 applied, but only for a period of 8 weeks from the date on which that paragraph ceased to apply to him.
6. A person who, had he previously made a claim for income support, would have fulfilled the conditions of paragraph 4, but only for a period of 8 weeks from the date on which he ceased to fulfil those conditions.
7. A person who—
(a)is incapable of work in accordance with the provisions of Part XIIA of the Contributions and Benefits Act(2) and the regulations made thereunder (incapacity for work);
(b)is treated as incapable of work by virtue of regulations made under section 167D of that Act(3) (persons to be treated as incapable or capable of work);
(c)is treated as capable of work by virtue of regulations made under section 167E(1) of that Act (disqualification etc); or
(d)is entitled to statutory sick pay.
8. A person to whom regulation 6(a) (persons not treated as engaged in remunerative work) applies.
9. A person to whom regulation 6(g) applies.
10. A person who is a student and—
(a)whose applicable amount includes the disability premium or severe disability premium; or
(b)who has satisfied the provisions of paragraph 7 for a continuous period of not less than 196 days, and for this purpose any 2 or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period.
11. A person who is a student and who—
(a)immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 of Schedule 1 as then in operation; or
(b)on or after that date makes a claim for income support and at a time during the period of 18 months immediately preceding the date of that claim was in receipt of income support either by virtue of that paragraph or regulation 13(2)(b),
but this paragraph shall not apply where for a continuous period of 18 months or more the person has not been in receipt of income support.
12. A person who is a student in respect of whom—
(a)a supplementary requirement has been determined under paragraph 10 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1995(4);
(b)a payment has been made under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986(5), or
(c)a supplementary requirement has been determined under paragraph 10 of Schedule 2 to the Education (Mandatory Awards) Regulations 1995(6) or an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 6 of the Students' Allowances (Scotland) Regulations 1991(7) or, as the case may be, the Education Authority Bursaries (Scotland) Regulations 1995(8) in respect of expenses incurred, or a payment has been made under section 2 of the Education Act 1962(9),
on account of his disability by reason of deafness.
13. A person who is a blind person registered with a Health and Social Services Board, established under Article 16 of the 1972 Order, but a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as so registered for a period of 28 weeks following the date on which he ceased to be so registered.
14. A woman who—
(a)is incapable of work by reason of pregnancy; or
(b)is or has been pregnant but only for the period commencing 11 weeks before her expected week of confinement and ending 7 weeks after the date on which her pregnancy ends.
15. A person to whom any provision of regulation 13(2)(a) to (e) (persons receiving relevant education who are parents, severely handicapped persons, orphans and persons estranged from their parents or guardian) applies.
16.—(1) Subject to sub-paragraph (2), a person who on 6th October 1996 or at any time during the 8 weeks immediately preceding that date satisfied the conditions of paragraph 13 of Schedule 1 (persons aged not less than 50 who had not been in remunerative work during the previous 10 years) as in operation on that date.
(2) If a person to whom sub-paragraph (1) applies ceases to be entitled to income support, and subsequently makes a further claim for income support, this paragraph shall continue to apply to him only if—
(a)the further claim for income support is made within 8 weeks of the date he ceased to be so entitled; and
(b)he has not been in remunerative work since he ceased to be so entitled.
17. A person aged not less than 60.
18. A person who is a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(10) as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967(11) and who—
(a)is attending for more than 15 hours a week a course for the purpose of learning English so that he may obtain employment; and
(b)on the date on which that course commenced, had been in Northern Ireland for not more than 12 months,
but only for a period not exceeding 9 months.
19. A person who is required to attend court as a justice of the peace, a party to any proceedings, a witness or a juror.
20. A person to whom section 125 of the Contributions and Benefits Act(12) (trade disputes) applies or in respect of whom section 123(1) of that Act (conditions of entitlement to income support) has effect as modified by section 126(b) of that Act (effect of return to work).
21. A person to whom regulation 70(3) (applicable amount of certain persons from abroad) applies.
22. A person remanded in, or committed in, custody for trial or for sentencing.
23. A person who is a member of a couple and who is treated as responsible for a child who is a member of his household where the other member of that couple is temporarily not present in the United Kingdom.
24. A person—
(a)in respect of whom it has been determined for the purposes of section 167B of the Contributions and Benefits Act(13) (the own occupation test) that he is not incapable of work;
(b)whose medical practitioner continues to supply evidence of his incapacity for work in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976(14) (evidence of incapacity for work); and
(c)who has made and is pursuing an appeal against the determination that he is not so incapable,
but only for the period prior to the determination of his appeal.
25. A person—
(a)in respect of whom it has been determined for the purposes of section 167C of the Contributions and Benefits Act (the all work test) that he is not incapable of work; and
(b)who has made and is pursuing an appeal against the determination that he is not so incapable,
but only for the period prior to the determination of his appeal.
26. A person who on 6th October 1996 was not required to be available for employment by virtue of regulation 8(2) (persons appealing against decisions that they are not incapable of work) as modified by the savings provision in regulation 5(1) or (3) of the Disability Working Allowance and Income Support (General) (Amendment) Regulations (Northern Ireland) 1995(15), but only for the period prior to the determination of his appeal.
27. A person who on 6th October 1996 was not required to register for employment by virtue of regulation 11(2) (persons appealing against decisions that they are not incapable of work) as modified by the savings provision in regulation 5(2) or (3) of the Disability Working Allowance and Income Support (General) (Amendment) Regulations (Northern Ireland) 1995, but only for the period prior to the determination of his appeal.
28. A person who is engaged in training, and for this purpose “training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible provided in Northern Ireland directly or indirectly by a Training Organisation pursuant to its arrangement with the Department of Economic Development (whether that agreement is known as an Operating Agreement or by any other name).”.
Part XIIA was inserted by Article 7 of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))
Sections 167D and 167E were inserted by Article 8 of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994
Cmnd. 9171
Cmnd. 3906
Sections 125 and 126 are amended by paragraphs 14 and 15 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995
Sections 167A to 167C were inserted by Article 7 of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994
S.R. 1976 No. 175; regulation 2 is amended by S.R. 1982 No. 153, S.R. 1987 No. 117, S.R. 1992 No. 83, S.R. 1994 No. 468 and S.R. 1995 No. 149