Amendment of the Housing Benefit RegulationsI26

I21

The Housing Benefit Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) to (7).

I22

In regulation 2(1) (interpretation) omit the definition of “Preparation for Employment Programme for 50 plus”.

I13

In regulation 34 (earnings of self-employed earners) after paragraph (2) add—

3

This paragraph applies to—

a

royalties;

b

sums paid periodically for or in respect of any copyright;

c

payments in respect of any book registered under the Public Lending Right Scheme 1982.

4

Where the claimant’s earnings consist of any items to which paragraph (3) applies, those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the earnings by the amount of housing benefit which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from the payment under Schedule 5 (sums to be disregarded in the calculation of earnings) as appropriate in the claimant’s case.

I24

Omit regulation 39(7)(c)(ii) (notional income) and regulation 46(4)(b)(ii) (notional capital).

I25

In regulation 39(10)(b)(i) (notional income) omit “or in the Preparation for Employment Programme for 50 plus”

6

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

I1a

after paragraph 29 insert—

29A

1

 Subject to sub-paragraph (2), any payment (or part of a payment) made by an authority as defined in Article 2 of the Children Order, in accordance with Article 34D of that Order to a person (“A”) which A passes on to the claimant.

2

Sub-paragraph (1) applies only where A—

a

was formerly in the claimant’s care, and

b

is aged 18 or over, and

c

continues to live with the claimant.

I2b

omit paragraphs 39 and 50; and

I2c

in paragraph 4369 omit “, as the case may be,”.

7

In Schedule 7 (capital to be disregarded)—

I2a

for paragraph 9(1)(b) substitute—

b

an income-related benefit under Part VII of the Act;

I1b

after paragraph 20 insert—

20A

1

Subject to sub-paragraph (2), any payment (or part of a payment) made by an authority as defined in Article 2 of the Children Order, in accordance with Article 34D of that Order, to a person (“A”) which A passes on to the claimant.

2

Sub-paragraph (1) applies only where A—

a

was formerly in the claimant’s care, and

b

is aged 18 or over, and

c

continues to live with the claimant.

I2c

omit paragraph 30.