The State Pension Credit Regulations (Northern Ireland) 2003

Housing costs

1.—(1) Subject to paragraphs 2 to 15, the housing costs applicable to a claimant in accordance with regulation 6(6)(c) are those costs –

(a) which the claimant or, if he has a partner, his partner is, in accordance with paragraph 3, liable to meet in respect of the dwelling occupied as the home which he or his partner is treated as occupying, and

(b) which qualify under paragraphs 11 to 13.

(2) In this Schedule –

“disabled person” means a person –

(a)

aged 75 or over, who, had he in fact been entitled to income support, would have satisfied the requirements of paragraph 12 of Schedule 2 to the Income Support Regulations(1) (additional condition for the higher pensioner and disability premiums), or

(b)

who –

(i)

has not attained the age of 19 and for whom the claimant or his partner is responsible; and

(ii)

is a person in respect of whom disability living allowance is payable or would be payable but for any provision of the Social Security (Hospital In-Patients) Regulations (Northern Ireland)1975(2); or

(iii)

is registered as blind in a register compiled by a Health and Social Services Board established under Article 16 of the 1972 Order;

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

“standard rate” means the rate for the time being specified in paragraph 9.

(3) For the purposes of sub-paragraph (2)(a), a person shall not cease to be a disabled person on account of his being disqualified for receiving benefit or treated as capable of work by virtue of the operation of section 167E of the Contributions and Benefits Act(3) (incapacity for work: disqualification, etc.).

(4) In this Schedule, “non-dependant” means any person, except someone to whom sub-paragraph (5), (6) or (7) applies, who normally resides with the claimant.

(5) This sub-paragraph applies to –

(a) a partner of the claimant or any person under the age of 19 for whom the claimant or the claimant’s partner is responsible;

(b) a person who lives with the claimant in order to care for him or for the claimant’s partner and who is engaged for that purpose by a charitable or voluntary organisation which makes a charge to the claimant or the claimant’s partner for the care provided by that person;

(c) a partner of a person to whom head (b) applies.

(6) This sub-paragraph applies to a person, other than a close relative of the claimant or the claimant’s partner –

(a) who is liable to make payments on a commercial basis to the claimant or the claimant’s partner in respect of his occupation of the claimant’s dwelling, or

(b) who is a member of the household of a person to whom head (a) applies.

(7) This sub-paragraph applies to –

(a) a person who jointly occupies the claimant’s dwelling and who is either –

(i) co-owner of that dwelling with the claimant or the claimant’s partners (whether or not there are other co-owners), or

(ii) jointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of his occupation of that dwelling;

(b) a partner of a person to whom head (a) applies.

(8) For the purpose of sub-paragraphs (4) to (7) a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord.

(9) In sub-paragraph (8) “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.

(1)

Paragraph 12 was amended by regulation 30(c)(i) of S.R. 1988 No. 146, regulation 15(b) of S.R. 1988 No. 431, regulation 6(e) of S.R. 1989 No. 395, regulation 2(5)(b) of S.R. 1990 No. 387, regulation 10(4)(b) of S.R. 1992 No. 6, regulation 2(9)(a) of S.R. 1994 No. 327, regulation 2(12) of S.R. 1995 No.67, regulation 2(9) of S.R. 1995 No.86, regulation 2(8) of S.R. 1995 No. 367, regulation 8(3)(b) of S.R. 1998 No. 324, regulation 2(8) of S.R. 1999 No. 381 and regulation 2(2) of S.R. 1999 No. 385

(2)

S.R. 1975 No. 109

(3)

Section 167E was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))