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PART VIN.I.Assessment of income and capital

SECTION 2N.I.Income

Calculation of income and capitalN.I.

23.  The income and capital of—

(a)the claimant; and

(b)any partner of the claimant,

shall be calculated in accordance with the rules set out in this Part and any reference in this Part to the claimant shall apply equally to any partner of the claimant.

Commencement Information

I1Reg. 23 in operation at 20.11.2006, see reg. 1(1)

Claimant in receipt of guarantee creditN.I.

24.  In the case of a claimant who is in receipt, or whose partner is in receipt, of a guarantee credit, the whole of his capital and income shall be disregarded.

Commencement Information

I2Reg. 24 in operation at 20.11.2006, see reg. 1(1)

Calculation of claimant’s income and capital in savings credit only casesN.I.

25.—(1) In determining the income and capital of a claimant who has, or whose partner has, an award of state pension credit comprising only the savings credit, the relevant authority shall, subject to the following provisions of this regulation, use the calculation or estimate of the claimant’s or, as the case may be, the claimant’s partner’s income and capital made by the Department for the purpose of determining that award.

(2) The Department shall provide the relevant authority with details of the calculation or estimate—

(a)if the claimant is on housing benefit or has claimed housing benefit, within the 2 working days following the day the calculation or estimate was determined, or as soon as reasonably practicable thereafter; or

(b)if sub-paragraph (a) does not apply, within the 2 working days following the day he receives information from the relevant authority that the claimant or his partner has claimed housing benefit, or as soon as reasonably practicable thereafter.

(3) The details provided by the Department shall include the amount taken into account in that determination in respect of the net income of the person claiming state pension credit.

(4) The relevant authority shall modify the amount of the net income provided by the Department only in so far as necessary to take into account—

(a)the amount of the savings credit payable;

(b)in respect of any dependent children of the claimant, childcare charges taken into account under regulation 28(1)(c);

(c)the higher amount disregarded under these Regulations in respect of—

(i)lone parent’s earnings;

(ii)payments of maintenance, whether under a court order or not, which is made or due to be made by—

(aa)the claimant’s former partner, or the claimant’s partner’s former partner; or

(bb)the parent of a child or young person where that child or young person is a member of the claimant’s family except where that parent is the claimant or the claimant’s partner;

(d)any amount to be disregarded by virtue of paragraph 9(1) of Schedule 5;

(e)the income and capital of any partner of the claimant who is treated as a member of the claimant’s household under regulation 19 to the extent that it is not taken into account in determining the net income of the person claiming state pension credit;

(f)regulation 22, if the relevant authority determines that this provision applies in the claimant’s case;

(g)any income, in excess of £10, which falls to be disregarded under the provisions of paragraph 1 of Schedule 6.

(5) Regulations 27 to 47 shall not apply to the amount of the net income to be taken into account by the relevant authority under paragraph (1), but shall apply (so far as relevant) for the purpose of determining any modifications which fall to be made to that amount under paragraph (4).

(6) The relevant authority shall for the purpose of determining the claimant’s entitlement of housing benefit use, except where paragraphs (7) and (8) apply, the calculation of the claimant’s capital made by the Department, and shall in particular apply the provisions of regulation 41 if the claimant’s capital is calculated as being in excess of £16,000.

(7) If paragraph (8) applies, the relevant authority shall calculate the claimant’s capital in accordance with regulations 41 to 47.

(8) This paragraph applies if—

(a)the Department notifies the relevant authority that the claimant’s capital has been determined as being £16,000 or less;

(b)subsequent to that determination the claimant’s capital rises to more than £16,000; and

(c)the increase occurs whilst there is in force an assessed income period within the meaning of sections 6 and 9 of the State Pension Credit Act.

Commencement Information

I3Reg. 25 in operation at 20.11.2006, see reg. 1(1)

Calculation of income and capital where state pension credit is not payableN.I.

26.  The income and capital of a person to whom neither regulation 24 nor 25 applies shall be calculated or estimated by the relevant authority in accordance with regulations 27 to 47.

Commencement Information

I4Reg. 26 in operation at 20.11.2006, see reg. 1(1)

Meaning of “income”N.I.

27.—(1) For the purposes of these Regulations, “income” means income of any of the following descriptions—

(a)earnings;

(b)working tax credit;

(c)retirement pension income within the meaning of section 16(1) of the State Pension Credit Act;

(d)income from annuity contracts (other than retirement pension income);

(e)a guaranteed income payment;

(f)a payment made under article 21(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005(1) but only where the condition referred to in article 23(2)(c) is met;

(g)income from capital, other than capital disregarded under Part I of Schedule 7;

(h)social security benefits, other than retirement pension income or any of the following benefits—

(i)disability living allowance;

(ii)attendance allowance payable under section 64 of the Act(2);

(iii)an increase of disablement pension under section 104 or 105 of the Act;

(iv)a payment under regulations made in exercise of the power conferred by paragraph 4(2)(b) of Schedule 8 to the Act;

(v)child benefit;

(vi)any guardian’s allowance payable under section 77 of the Act(3);

(vii)any increase for a dependant, other than the claimant’s partner, payable in accordance with Part IV of the Act;

(viii)any social fund payment made under Part VIII of the Act;

(ix)Christmas bonus payable under Part X of the Act;

(x)housing benefit;

(xi)bereavement payment(4);

(xii)statutory sick pay;

(xiii)statutory maternity pay;

(xiv)statutory paternity pay payable under Part XIIZA of the Act(5);

(xv)statutory adoption pay payable under Part XIIZB of the Act(6);

(xvi)any benefit similar to those mentioned in the preceding provisions of this paragraph payable under legislation having effect in Great Britain;

(i)all foreign social security benefits which are similar to the social security benefits prescribed above;

(j)any payment made under article 30 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(7);

(k)a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria;

(l)payments under a scheme made under the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979(8);

(m)payments made towards the maintenance of the claimant by his spouse, civil partner, former spouse or former civil partner or towards the maintenance of the claimant’s partner by his spouse, civil partner, former spouse or former civil partner, including payments made—

(i)under a court order;

(ii)under an agreement for maintenance, or

(iii)voluntarily;

(n)payments due from any person in respect of board and lodging accommodation provided by the claimant;

(o)payments consisting of royalties or other sums received as a consideration for the use of, or the right to use, any copyright, patent or trade mark;

(p)any payment made to the claimant in respect of any book registered under the Public Lending Right Scheme 1982(9);

(q)any payment, other than a payment ordered by a court or made in settlement of a claim, made by or on behalf of a former employer of a person on account of the early retirement of that person on grounds of ill-health or disability;

(r)any sum payable by way of pension out of money provided under the Civil List Act 1837(10), the Civil List Act 1937(11), the Civil List Act 1952(12), the Civil List Act 1972(13) or the Civil List Act 1975(14);

(s)any income in lieu of that specified in sub-paragraphs (a) to (p);

(t)any payment of rent or, as the case may be, rates made to a claimant who—

(i)owns the freehold or leasehold interest in any property or is a tenant of any property;

(ii)occupies part of the property, and

(iii)has an agreement with another person allowing that person to occupy that property on payment of rent or, as the case may be, rates;

(u)any payment made at regular intervals under an equity release scheme; and

(v)PPF periodic payments within the meaning of section 17(1) of the State Pension Credit Act(15).

(2) For the purposes of these Regulations, a claimant’s capital, other than capital disregarded under Schedule 7, shall be treated as if it were a weekly income—

(a)in the case of a claimant residing permanently in accommodation to which paragraph (6) applies, of £1 for each £500 in excess of £10,000 and £1 for any excess which is not a complete £500;

(b)in any other case, of £1 for each £500 in excess of £6,000 and £1 for any excess which is not a complete £500.

(3) Where the payment of any social security benefit prescribed under paragraph (1) is subject to any deduction (other than an adjustment specified in paragraph (4)) the amount to be taken into account under paragraph (1) shall be the amount before the deduction is made.

(4) The adjustments specified in this paragraph are those made in accordance with—

(a)the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(16);

(b)the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005;

(c)section 30DD or section 30E of the Act(17) (reductions in incapacity benefit in respect of pensions and councillor’s allowances).

(5) Where an award of any working tax credit or child tax credit under the Tax Credits Act is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under paragraph (1) shall be the amount of working tax credit or child tax credit awarded less the amount of that deduction.

(6) This paragraph applies to accommodation provided—

(a)in a residential care home or nursing home;

(b)in an Abbeyfield Home;

(c)in an independent hospital.

(7) For the purposes of paragraph (6), a person shall be treated as residing permanently in the accommodation notwithstanding that he is absent from it for a period not exceeding 52 weeks.

(8) In paragraph (1)(u), “equity release scheme” means a loan—

(a)made between a person (“the lender”) and the claimant;

(b)by means of which a sum of money is advanced by the lender to the claimant by way of payments at regular intervals; and

(c)which is secured on a dwelling in which the claimant owns an estate or interest and which he occupies as his home.

Commencement Information

I5Reg. 27 in operation at 20.11.2006, see reg. 1(1)

Calculation of income on a weekly basisN.I.

28.—(1) Subject to regulation 32, 59 and 60, for the purposes of section 129(1) of the Act (conditions of entitlement to housing benefit) the income of a claimant who has reached the qualifying age for state pension credit shall be calculated on a weekly basis—

(a)by calculating or estimating the amount which is likely to be his average weekly income in accordance with this Part;

(b)by adding to that amount the weekly income calculated under regulation 27(2);

(c)by then deducting any relevant child care charges to which regulation 29 applies from any earnings which form part of the average weekly income or, in a case where the conditions in paragraph (2) are met, from those earnings plus whichever credit specified in sub-paragraph (b) of that paragraph is appropriate, up to a maximum deduction in respect of the claimant’s family of whichever of the sums specified in paragraph (3) applies in his case.

(2) The conditions of this paragraph are that—

(a)the claimant’s earnings which form part of his average weekly income are less than the lower of either his relevant child care charges or whichever of the deductions specified in paragraph (3) otherwise applies in his case; and

(b)that claimant or, if he is a member of a couple either the claimant or his partner, is in receipt of working tax credit or child tax credit.

(3) The maximum deduction to which paragraph (1)(c) refers shall be—

(a)where the claimant’s family includes only one child in respect of whom relevant child care charges are paid, £175.00 per week;

(b)where the claimant’s family includes more than one child in respect of whom relevant child care charges are paid, £300 per week.

Commencement Information

I6Reg. 28 in operation at 20.11.2006, see reg. 1(1)

Treatment of child care chargesN.I.

29.—(1) This regulation applies where a claimant is incurring relevant child care charges and—

(a)is a lone parent and is engaged in remunerative work;

(b)is a member of a couple both of whom are engaged in remunerative work; or

(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).

(2) For the purposes of paragraph (1) and subject to paragraph (4), a person to whom paragraph (3) 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 Act(18);

(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 Regulations(19); 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(20).

(3) 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.

(4) In a case to which paragraph (2)(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.

(5) Relevant child care charges are those charges for care to which paragraphs (6) and (7) apply, and shall be estimated on a weekly basis in accordance with paragraph (10).

(6) The charges are paid by the claimant for care which is provided—

(a)in the case of any child of the claimant’s family who is not disabled, in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September following that child’s fifteenth birthday; or

(b)in the case of any child of the claimant’s family who is disabled, in respect of the period beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.

(7) The charges are paid for care which is provided by one or more of the care providers listed in paragraph (8) and are not paid—

(a)in respect of the child’s compulsory education;

(b)by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with regulation 18; or

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

(8) The care to which paragraph (7) refers may be provided—

(a)out of school hours, by a school on school premises or by an education and library board or an HSS trust—

(i)for children who are not disabled in respect of the period beginning on their twelfth birthday and ending on the day preceding the first Monday in September following their fifteenth birthday, or

(ii)for children who are disabled in respect of the period beginning on their twelfth birthday and ending on the day preceding the first Monday in September following their sixteenth birthday;

(b)by a child care provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999(21); or

(c)by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act.

(9) In—

(a)paragraphs (6) and (8)(a), “the first Monday in September” means the Monday which first occurs in the month of September in any year; and

(b)paragraph (8)(a) “education and library board” means an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986(22).

(10) Relevant child care charges shall be estimated over such period, not exceeding a year, as is appropriate in order that the average weekly charge may be estimated accurately having regard to information as to the amount of that charge provided by the child minder or person providing the care.

(11) For the purposes of paragraph (1)(c) the other member of a couple is to be treated as incapacitated where—

(a)he is aged not less than 80;

(b)he is aged less than 80 and—

(i)the additional conditions specified in paragraph 13 of Schedule 4 to the Housing Benefit Regulations (additional condition for the higher pensioner and disability premiums) are treated as applying in his case, and

(ii)he satisfies those conditions or would satisfy them but for his being treated as capable of work by virtue of a determination made in accordance with regulations made under section 167E of the Act(23);

(c)the claimant is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part XIIA of the Act (incapacity for work) 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;

(d)there is payable in respect of him one or more of the following—

(i)long-term incapacity benefit or short-term incapacity benefit at the higher rate specified in paragraph 2 of Part I of Schedule 4 to the Act(24);

(ii)attendance allowance under section 64 of the Act;

(iii)severe disablement allowance under section 68 of the Act(25);

(iv)disability living allowance;

(v)increase of disablement pension under section 104 of the Act;

(vi)a pension increase under a war pension scheme or an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under head (ii), (iv) or (v);

(e)a pension or allowance to which head (ii), (iv), (v) or (vi) of sub-paragraph (d) refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient within the meaning of regulation 20(2);

(f)sub-paragraph (d) or (e) would apply to him if the legislative provisions referred to in those sub-paragraphs were provisions under any corresponding enactment having effect in Great Britain; or

(g)he has an invalid carriage or other vehicle provided to him by the Department of Health, Social Services and Public Safety(26) under Article 30(1) of the Health and Personal Social Services Order or provided by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977(27) or under section 46 of the National Health Service (Scotland) Act 1978(28).

(12) For the purposes of paragraph (11), once paragraph (11)(c) applies to the claimant, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.

(13) For the purposes of paragraphs (6) and (8)(a), a person is disabled if he is a person—

(a)in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient;

(b)who has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a Health and Social Services Board; or

(c)who ceased to be registered as blind in such a register within the period beginning 28 weeks before the first Monday in September following that person’s fifteenth birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.

(14) For the purposes of paragraph (1) a person on maternity leave, paternity leave or adoption leave shall be treated as if he is engaged in remunerative work for the period specified in paragraph (15) (“the relevant period”) provided that—

(a)in the week before the period of maternity leave, paternity leave or adoption leave began he was in remunerative work;

(b)the claimant is incurring relevant child care charges within the meaning of paragraph (5); and

(c)he is entitled to statutory maternity pay under section 160 of the Act, statutory paternity pay by virtue of section 167ZA or 167ZB of the Act (29), statutory adoption pay by virtue of section 167ZL of the Act(30) or maternity allowance under section 35 of the Act.

(15) The relevant period shall begin on the day on which the person’s maternity leave, paternity leave or adoption leave commences and shall end on—

(a)the date that leave ends;

(b)if no child care element of working tax credit is in payment on the date that entitlement to maternity allowance, statutory maternity pay, statutory paternity pay or statutory adoption pay ends, the date that entitlement ends; or

(c)if a child care element of working tax credit is in payment on the date that entitlement to maternity allowance, statutory maternity pay, statutory paternity pay or statutory adoption pay ends, the date that entitlement to that award of the child care element of working tax credit ends,

whichever shall occur first.

(16) In paragraph (15), “child care element” of working tax credit means the element of working tax credit prescribed under section 12 of the Tax Credits Act (child care element).

Commencement Information

I7Reg. 29 in operation at 20.11.2006, see reg. 1(1)

Calculation of average weekly income from tax creditsN.I.

30.—(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 2 weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;

(d)a 4 weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.

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

Commencement Information

I8Reg. 30 in operation at 20.11.2006, see reg. 1(1)

Calculation of weekly incomeN.I.

31.—(1) Except where paragraphs (2) and (4) apply, for the purposes of calculating the weekly income of the claimant, where the period in respect of which a payment is made—

(a)does not exceed a week, the whole of that payment shall be included in the claimant’s weekly income;

(b)exceeds a week, the amount to be included in the claimant’s weekly income shall be determined—

(i)in a case where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;

(ii)in a case where that period is 3 months, by multiplying the amount of the payment by 4 and dividing the product by 52;

(iii)in a case where that period is a year, by dividing the amount of the payment by 52;

(iv)in any other case, by multiplying the amount of the payment by 7 and dividing the product by the number of days in the period in respect of which it is made.

(2) Where—

(a)the claimant’s regular pattern of work is such that he does not work the same hours every week; or

(b)the amount of the claimant’s income fluctuates and has changed more than once,

the weekly amount of that claimant’s income shall be determined—

(i)if, in a case to which sub-paragraph (a) applies, there is a recognised cycle of work, by reference to his average weekly income over the period of the complete cycle (including, where the cycle involves periods in which the claimant does no work, those periods but disregarding any other absences), or

(ii)in any other case, on the basis of—

(aa)the last 2 payments if those payments are one month or more apart;

(bb)the last 4 payments if the last 2 payments are less than one month apart; or

(cc)calculating or estimating such other payments as may, in the particular circumstances of the case, enable the claimant’s average weekly income to be determined more accurately.

(3) For the purposes of paragraph (2)(b) the last payments are the last payments before the date the claim was made or treated as made or, if there is a subsequent supersession under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(31), the last payments before the date of the supersession.

(4) If a claimant is entitled to receive a payment to which paragraph (5) applies, the amount of that payment shall be treated as if made in respect of a period of a year.

(5) This paragraph applies to—

(a)royalties or other sums payable as a consideration for the use of, or the right to use, any copyright, patent or trade mark;

(b)any payment made to the claimant in respect of any book registered under the Public Lending Right Scheme 1982; and

(c)any payment which is made on an occasional basis.

(6) The period under which any benefit under the benefit Acts is to be taken into account shall be the period in respect of which that benefit is payable.

(7) Where payments are made in a currency other than Sterling, the value of the payment shall be determined by taking the Sterling equivalent on the date the payment is made.

(8) The sums specified in Schedule 5 shall be disregarded in calculating—

(a)the claimant’s earnings; and

(b)any amount to which paragraph (5) applies if the claimant or his partner is the first owner of the copyright, patent or trade mark, or the author of the book registered under the Public Lending Right Scheme 1982.

(9) Income specified in Schedule 6 is to be disregarded in the calculation of a claimant’s income.

(10) Schedule 7 shall have effect so that—

(a)the capital specified in Part I shall be disregarded for the purpose of determining a claimant’s income; and

(b)the capital specified in Part II shall be disregarded for the purpose of determining a claimant’s income under regulation 27(2).

(11) In the case of any income taken into account for the purpose of calculating a person’s income, there shall be disregarded any amount payable by way of tax.

Commencement Information

I9Reg. 31 in operation at 20.11.2006, see reg. 1(1)

Disregard of changes in tax, contributions etc.N.I.

32.  In calculating the claimant’s income the appropriate authority may disregard any legislative change—

(a)in the basic or other rates of income tax;

(b)in the amount of any personal tax relief;

(c)in the rates of social security contributions payable under the Act or in the lower earnings limit or upper earnings limit for Class 1 contributions under the Act, the lower or upper limits applicable to Class 4 contributions under the Act or the amount specified in section 11(4) of the Act (small earnings exception in relation to Class 2 contributions);

(d)in the amount of tax payable as a result of an increase in the weekly rate of Category A, B, C or D retirement pension or any addition thereto or any graduated pension payable under the Act; and

(e)in the maximum rate of child tax credit or working tax credit,

for a period not exceeding 30 benefit weeks beginning with the benefit week immediately following the date from which the change is effective.

Commencement Information

I10Reg. 32 in operation at 20.11.2006, see reg. 1(1)

(2)

Section 64 was amended by Article 63(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

(3)

Section 77 was amended by Schedule 6 to the Tax Credits Act 2002, paragraph 88 of Schedule 24 to the Civil Partnership Act 2004 and paragraph 30 of Schedule 1 to the Child Benefit Act 2005

(4)

Bereavement payment was introduced by Article 51(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999

(5)

Part XIIZA was inserted by Article 5 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))

(6)

Part XIIZB was inserted by Article 6 of the Employment (Northern Ireland) Order 2002

(8)

S.I. 1979/925 (N.I. 9); amended by Article 22 of the Social Security (Northern Ireland) Order 1985 (S.I. 1985/1209 (N.I. 16))

(9)

The Scheme is set out in the Appendix to S.I. 1982/719

(15)

Section 17(1) was amended by paragraph 3(3) of the Schedule to S.R. 2006 No. 37

(17)

Section 30DD was inserted by Article 60 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and section 30E was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

(18)

Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and amended by Article 61 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and paragraph 68 of Schedule 24 to the Civil Partnership Act 2004; section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and amended by paragraphs 14(b) and 18(3) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)), paragraph 21 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999, Schedule 6 to the Tax Credits Act 2002 and paragraph 69 of Schedule 24 to the Civil Partnership Act 2004; section 30C was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and amended by paragraph 37 of Schedule 3 to the Tax Credits Act 2002 and section 30D was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(19)

Regulation 4ZA was inserted by regulation 4 of S.R. 1996 No. 199 and amended by regulation 5(2) of S.R. 1997 No. 412, regulation 5(3) of S.R. 2000 No. 71 and the Schedule to S.R. 2000 No. 241 and Schedule 1B was inserted by Schedule 1 to S.R. 1996 No. 199 and paragraph 14 was amended by regulation 2 of S.R. 2002 No. 332

(20)

S.R. 1975 No.113; regulation 8B was inserted by regulation 2(6) of S.R. 1996 No. 430 and amended by regulation 3 of S.R. 2000 No. 404 and regulation 2(2) of S.R. 2003 No. 151

(23)

Part XIIA, which includes section 167E, was inserted by Articles 7 and 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994; section 167E was amended by paragraph 57 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

(24)

Paragraph 2 was substituted by Article 4(2) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(25)

Section 68 was amended by Article 11 of, and paragraph 18 of Schedule 1 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and regulation 2(2) of S.R. 1994 No. 370 and repealed by Schedule 10 to the Welfare Reform and Pensions (Northern Ireland) Order 1999, subject to savings in Article 4 of S.R. 2000 No. 332 (C. 14)

(26)

See Article 3(6) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1))

(29)

Sections 167ZA and 167ZB were inserted by Article 5 of the Employment (Northern Ireland) Order 2002

(30)

Section 167ZL was inserted by Article 6 of the Employment (Northern Ireland) Order 2002