Amendment of the Housing Benefit RegulationsI2I13
I21
The Housing Benefit Regulations (Northern Ireland) 200610 are amended in accordance with paragraphs (2) to (11).
I22
In regulation 7(8)(c)(ii)11 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) omit “9, 10, 11,”.
I23
In regulation 25(11) (treatment of child care charges)—
a
for sub-paragraph (a) substitute—
a
the claimant’s applicable amount includes a disability premium on account of the other member’s incapacity;
b
in sub-paragraph (b) omit “or a higher pensioner premium”.
I25
In regulation 50(1) (students: interpretation)—
a
for the definition of “sandwich course” substitute—
“sandwich course” has the meaning prescribed in regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 200713, regulation 2(9) of the Education (Student Support) Regulations 200814 or regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 200715, as the case may be;
b
in the definition of “student loan” for “Students’ Allowances (Scotland) Regulations 1999” substitute “Students’ Allowances (Scotland) Regulations 200716”.
I26
In regulation 53(2) (full-time students to be treated as not liable to make payments in respect of a dwelling)—
a
in sub-paragraph (c) omit “pensioner premium for persons under 75 or, as the case may be, persons 75 or over, higher pensioner premium,”; and
b
in sub-paragraph (i)—
i
for head (ii) substitute—
ii
an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 4 of the Students’ Allowances (Scotland) Regulations 2007 or, as the case may be, under paragraph (1)(d) of regulation 4 of the Education Authority Bursaries (Scotland) Regulations 200717, in respect of expenses incurred;
ii
for head (iv) substitute—
iv
a grant has been made under regulation 39 of the Education (Student Support) Regulations (Northern Ireland) 2007 or under regulation 37 of the Education (Student Support) Regulations 2008, or
I27
In regulation 60(2) (other amounts to be disregarded) for “Students’ Allowances (Scotland) Regulations 1999” substitute “Students’ Allowances (Scotland) Regulations 2007”.
I28
In Schedule 4 (applicable amounts)—
a
in paragraph 3(4)(e) omit “9, 10, 11 or”;
b
for paragraph 6 substitute—
6
The following premiums, namely—
a
a severe disability premium to which paragraph 14 applies;
b
an enhanced disability premium to which paragraph 15 applies;
c
a disabled child premium to which paragraph 16 applies; and
d
a carer premium to which paragraph 17 applies,
may be applicable in addition to any other premium which may apply under this Schedule.
c
omit paragraphs 9, 10 and 11;
d
in paragraph 13—
i
in the heading for “higher pensioner and disability premiums” substitute “disability premium”;
ii
in sub-paragraph (1) for “paragraphs 11 and” substitute “paragraph”;
iii
in sub-paragraph (3) omit “the higher pensioner premium or”;
iv
omit sub-paragraph (4), and
v
in sub-paragraph (8) for “within the meaning of paragraph 11(5)” substitute “(a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 199518 applies, and who again becomes incapable of work for the purposes of Part XIIA of the Act19)”; and
e
in paragraph 2020 omit sub-paragraphs (2), (3) and (4).
I29
In Schedule 5 (sums to be disregarded in the calculation of earnings)—
a
in paragraph 3—
i
for sub-paragraph (3)(a) substitute—
a
the claimant is a member of a couple and his applicable amount includes an amount by way of the disability premium under Schedule 4; and
ii
omit sub-paragraphs (4) and (5); and
b
in paragraph 17(2)(b)(iv)—
i
in paragraph (aa) omit “a higher pensioner premium or”, “11 or” and “respectively”, and
ii
in paragraph (bb) omit “higher pensioner premium or”.
10
In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—
I2a
omit paragraph 19;
I2b
in paragraph 46(1) for “or 11” substitute “or 10”; and
c
for paragraph 49 substitute—
49
1
Where a claimant’s applicable amount includes an amount by way of family premium, £15 of any payment of maintenance, other than child maintenance, whether under a court order or not, which is made or due to be made by the claimant’s former partner, or the claimant’s partner’s former partner.
2
For the purpose of sub-paragraph (1) where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
3
A payment made by the Department in lieu of maintenance shall, for the purposes of sub-paragraph (1), be treated as a payment of maintenance made by a person specified in sub-paragraph (1).
49A
1
Any payment of child maintenance which is made by the parent of the child or young person except where the person making the payment is the claimant or the claimant’s partner.
2
In this paragraph, “child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made through or under—
a
the Child Support (Northern Ireland) Order 199121;
b
the Child Support Act 199122;
c
a court order (including a consent order);
d
a minute of agreement as registered for execution in the Books of Council and Session or the sheriff court books,
and for this purpose a “young person” is a person referred to in regulation 17.
3
For the purpose of sub-paragraph (1) where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
4
A payment made by the Department in lieu of maintenance shall, for the purposes of sub-paragraph (1), be treated as a payment of maintenance made by a person specified in sub-paragraph (1).
11
In paragraph 41(1) of Schedule 7 (capital to be disregarded) for “or 11” substitute “or 10”.