The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008

Amendment of the Housing Benefit Regulations

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

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

(3) 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.”.

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

(5) 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)—

(a) 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.”;

(b) omit paragraphs 39 and 50; and

(c) in paragraph 43(1) omit “, as the case may be,”.

(7) In Schedule 7 (capital to be disregarded)—

(a) for paragraph 9(1)(b) substitute—

“(b) an income-related benefit under Part VII of the Act;”;

(b) 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.”; and

(c) omit paragraph 30.

(1)

Paragraph 43 was amended by regulation 9(12)(c) of S.R. 2007 No. 396