The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2005

Amendment of the Housing Benefit Regulations

2.—(1) Subject to paragraph (2) the Housing Benefit Regulations shall be amended in accordance with paragraphs (2) to (8).

(2) The amendments made by paragraphs (6) and (7) are to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003(1) applies.

(3) In regulation 21A(2) (treatment of child care charges) –

(a) in paragraph (1), for sub-paragraph (c), there shall be substituted the following sub-paragraph –

“(c) is a member of a couple where one member is engaged in remunerative work and the other –

(i) is incapacitated;

(ii) is an in-patient in hospital, or

(iii) is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).”;

(b) after paragraph (1), there shall be inserted the following paragraphs –

“(1A) For the purposes of paragraph (1) and subject to paragraph (1C), a person to whom paragraph (1B) applies shall be treated as engaged in remunerative work for a period not exceeding 28 weeks during which he –

(a) is paid statutory sick pay;

(b) is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the Contributions and Benefits Act;

(c) is paid income support on the grounds of incapacity for work under regulation 4ZA of, and paragraph 7 or 14 of Schedule 1B to, the Income Support (General) Regulations (Northern Ireland) 1987(3), or

(d) is credited with earnings on the grounds of incapacity for work under regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975(4).

(1B) This paragraph applies to a person who was engaged in remunerative work immediately before –

(a) the first day of the period in respect of which he was first paid statutory sick pay, short-term incapacity benefit or income support on the grounds of incapacity for work, or

(b) the first day of the period in respect of which earnings are credited,

as the case may be.

(1C) In a case to which paragraph (1A)(c) or (d) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.”;

(c) in paragraph (2ZB)(5) –

(i) at the end of sub-paragraph (a), for “, or” there shall be substituted “;”;

(ii) at the end of sub-paragraph (b), for “.” there shall be substituted “, or”;

(iii) after sub-paragraph (b), there shall be added the following sub-paragraph –

“(c) in respect of care provided by a relative of a child wholly or mainly in the child’s home.”;

(d) in paragraph (2ZC)(6) –

(i) sub-paragraphs (a), (c) and (d) shall be omitted;

(ii) at the end of sub-paragraph (e), for “.” there shall be substituted “, or”;

(iii) after sub-paragraph (e), there shall be added the following sub-paragraph –

“(f) by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act 2002(7).” ;

(e) in paragraph (7)(b)(8) for “incurred” there shall be substituted “is incurring” and “in that week” shall be omitted;

(f) paragraph (10)(9) shall be omitted.

(4) After regulation 24 (average weekly income other than earnings), there shall be inserted the following regulation –

“Calculation of average weekly income from tax credits

24A.— (1) This regulation applies where a claimant receives a tax credit.

(2) Where this regulation applies, the period over which a tax credit is to be taken into account shall be the period set out in paragraph (3).

(3) Where the instalment in respect of which payment of a tax credit is made is –

(a) a daily instalment, the period is one day, being the day in respect of which the instalment is paid;

(b) a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;

(c) a two weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;

(d) a four weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.

(4) For the purposes of this regulation “tax credit” means child tax credit or working tax credit.”.

(5) In regulation 25(10) (calculation of weekly income) for “22 and 24 (average weekly earnings of employed earners and average weekly income other than earnings)” there shall be substituted “22 (average weekly earnings of employed earners), 24 (average weekly income other than earnings) and 24A (calculation of average weekly income from tax credits)”.

(6) In regulation 27 (treatment of child care charges) –

(a) in paragraph (1), for sub-paragraph (c), there shall be substituted the following sub-paragraph –

“(c) is a member of a couple where one member is engaged in remunerative work and the other –

(i) is incapacitated;

(ii) is an in-patient in hospital, or

(iii) is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).”;

(b) after paragraph (1), there shall be inserted the following paragraphs –

“(1A) For the purposes of paragraph (1) and subject to paragraph (1C), a person to whom paragraph (1B) applies shall be treated as engaged in remunerative work for a period not exceeding 28 weeks during which he –

(a) is paid statutory sick pay;

(b) is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the Contributions and Benefits Act;

(c) is paid income support on the grounds of incapacity for work under regulation 4ZA of, and paragraph 7 or 14 of Schedule 1B to, the Income Support (General) Regulations (Northern Ireland) 1987, or

(d) is credited with earnings on the grounds of incapacity for work under regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975.

(1B) This paragraph applies to a person who was engaged in remunerative work immediately before –

(a) the first day of the period in respect of which he was first paid statutory sick pay, short-term incapacity benefit or income support on the grounds of incapacity for work, or

(b) the first day of the period in respect of which earnings are credited,

as the case may be.

(1C) In a case to which paragraph (1A)(c) or (d) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.”;

(c) in paragraph (4) –

(i) at the end of sub-paragraph (a), for “, or” there shall be substituted “;”;

(ii) at the end of sub-paragraph (b), for “.” there shall be substituted “, or”;

(iii) after sub-paragraph (b), there shall be added the following sub-paragraph –

“(c) in respect of care provided by a relative of a child wholly or mainly in the child’s home.”;

(d) in paragraph (5) –

(i) sub-paragraphs (a), (c) and (d) shall be omitted;

(ii) at the end of sub-paragraph (e) for “;” there shall be substituted “, or”;

(iii) after sub-paragraph (e), there shall be added the following sub-paragraph –

“(f) by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act 2002.”;

(e) in paragraph (11)(b) for “incurred” there shall be substituted “is incurring” and “in that week” shall be omitted;

(f) paragraph (14) shall be omitted.

(7) After regulation 27 (treatment of child care charges), there shall be inserted the following regulation –

“Calculation of average weekly income from tax credits

27A.— (1) This regulation applies where a claimant receives a tax credit.

(2) Where this regulation applies, the period over which a tax credit is to be taken into account shall be the period set out in paragraph (3).

(3) Where the instalment in respect of which payment of a tax credit is made is –

(a) a daily instalment, the period is one day, being the day in respect of which the instalment is paid;

(b) a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;

(c) a two weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;

(d) a four weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.

(4) For the purposes of this regulation “tax credit” means working tax credit.”.

(8) In paragraph 15(11) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) –

(a) in sub-paragraph (1)(12), after “sub-paragraph (2)” there shall be inserted “or (2A)”;

(b) after sub-paragraph (2), there shall be inserted the following sub-paragraph –

“(2A) Subject to sub-paragraph (3) –

(a) a charitable payment;

(b) a voluntary payment;

(c) a payment (not falling within sub-paragraph (a) or (b)) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant.”;

(c) in sub-paragraph (3)(13) for “Sub-paragraphs (1) and (2)” there shall be substituted “Sub-paragraphs (1) to (2A)”;

(d) in sub-paragraph (6)(14) –

(i) paragraphs (a) to (c) shall be omitted, and

(ii) in paragraph (e) for “sub-paragraphs (a) to (d)” there shall be substituted “paragraph (d)”.

(1)

S.R. 2003 No. 197

(2)

Regulation 21A was inserted by regulation 2(3) of S.R. 1994 No. 274

(3)

S.R. 1987 No. 459

(4)

S.R. 1975 No. 113

(5)

Paragraph (2ZB) was substituted by regulation 4(2) of S.R. 1999 No. 298

(6)

Paragraph (2ZC) was substituted by regulation 4(2) of S.R. 1999 No. 298

(7)

2002 c. 21

(8)

Paragraph (7) was inserted by regulation 3 of S.R. 2001 No. 259 and substituted by regulation (4) of S.R. 2002 No. 363

(9)

Paragraph (10) was inserted and numbered as paragraph (8) by S.R. 2001 No. 259 and substituted and renumbered as paragraph (10) by S.R. 2002 No. 363

(10)

Regulation 25 was amended by regulation 3 of S.R. 1994 No. 88

(11)

Paragraph 15 was substituted by regulation 11(a) of S.R. 1990 No. 345

(12)

Sub-paragraph (1) was amended by regulation 3(1)(a) and (2)(a) of S.R. 2002 No. 299

(13)

Sub-paragraph (3) was substituted by regulation 3(3)(a) of S.R. 1991 No. 520

(14)

Sub-paragraph (6) was added by regulation 3(1)(d) and (2)(a) of S.R. 2002 No. 299