The Employment and Support Allowance Regulations (Northern Ireland) 2008

Regulation 111(2)

SCHEDULE 9 N.I. Capital to be disregarded

1.  The dwelling occupied as the home but, notwithstanding regulation 83 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), only one dwelling is to be disregarded under this paragraph. N.I.

Commencement Information

I1 Sch. 9 para. 1 in operation at 27.10.2008, see reg. 1(1)

2.  Any premises or land acquired for occupation by the claimant which that claimant intends to occupy as the home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises or land. N.I.

Commencement Information

I2 Sch. 9 para. 2 in operation at 27.10.2008, see reg. 1(1)

3.  Any sum directly attributable to the proceeds of sale of— N.I.

(a) any premises or land formerly occupied by the claimant as the home; or

(b) any premises or land which the claimant continues to occupy as the home and which were occupied by the claimant as the home immediately before the compulsory acquisition of those premises or land from the claimant under any statutory provision,

which is to be used for the purchase of other premises or land intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.

Commencement Information

I3 Sch. 9 para. 3 in operation at 27.10.2008, see reg. 1(1)

4.  Any premises or land occupied in whole or in part by— N.I.

(a) a partner or relative of a single claimant or any member of the family as the home where that person is aged 60 or over or is incapacitated;

(b) the former partner of a claimant as the home; but this provision is not to apply where the former partner is a person from whom the claimant is estranged or divorced or with whom the person formed a civil partnership that has been dissolved.

Commencement Information

I4 Sch. 9 para. 4 in operation at 27.10.2008, see reg. 1(1)

5.  Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following the claimant’s estrangement or divorce from, or dissolution of the claimant’s civil partnership with, the claimant’s former partner, that dwelling for a period of 26 weeks from the date on which the claimant ceased to occupy that dwelling or, where that dwelling is occupied as the home by the former partner who is a lone parent, for as long as it is so occupied. N.I.

Commencement Information

I5 Sch. 9 para. 5 in operation at 27.10.2008, see reg. 1(1)

6.  Any premises or land where the claimant is taking reasonable steps to dispose of those premises or that land, for a period of 26 weeks from the date on which the claimant first took such steps, or such longer period as is reasonable in the circumstances to enable the claimant to dispose of those premises or land. N.I.

Commencement Information

I6 Sch. 9 para. 6 in operation at 27.10.2008, see reg. 1(1)

7.  Any premises or land which the claimant intends to occupy as the home, and in respect of which that claimant is taking steps to obtain possession and has sought legal advice or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which the claimant first sought such advice or first commenced such proceedings whichever is earlier, or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of those premises or land. N.I.

Commencement Information

I7 Sch. 9 para. 7 in operation at 27.10.2008, see reg. 1(1)

8.  Any premises or land which the claimant intends to occupy as the home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is reasonable in the circumstances to enable those repairs or alterations to be carried out and the claimant to commence occupation of the premises. N.I.

Commencement Information

I8 Sch. 9 para. 8 in operation at 27.10.2008, see reg. 1(1)

9.  Any future interest in property of any kind, other than premises or land in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies. N.I.

Commencement Information

I9 Sch. 9 para. 9 in operation at 27.10.2008, see reg. 1(1)

10.—(1) The assets of any business owned in whole or in part by the claimant and for the purposes of which that claimant is engaged as a self-employed earner or, if the claimant has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset. N.I.

(2) The assets of any business owned in whole or in part by the claimant where that claimant—

(a) is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but

(b) intends to become engaged or, as the case may be, re-engaged as a self-employed earner in that business as soon as the claimant recovers or is able to become engaged, or re-engaged, in that business,

for a period of 26 weeks from the date on which the claim for an income-related allowance is made, or is treated as made, or, if it is unreasonable to expect the claimant to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable the claimant to become so engaged or re-engaged.

(3) In the case of a person who is receiving assistance under the self-employment route, the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.

(4) In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

Commencement Information

I10 Sch. 9 para. 10 in operation at 27.10.2008, see reg. 1(1)

11.—(1) Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of— N.I.

(a) any payment specified in paragraph 8, 10 or 11 of Schedule 8 (other income to be disregarded);

(b) an income-related allowance, an income-related benefit or an income-based jobseeker’s allowance, child tax credit or working tax credit;

(c) any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations (Northern Ireland) 2001,

but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.

(2) In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances, amounts to £5,000 or more (referred to in this sub-paragraph and sub-paragraph (3) as the “relevant sum”) and is—

(a) paid in order to rectify, or to compensate for, an official error as defined in regulation 1(2) of the Decisions and Appeals Regulations(1); and

(b) received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) is to have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of an income-related allowance, for the remainder of that award if that is a longer period.

(3) For the purposes of sub-paragraph (2), “the award of an income-related allowance” means—

(a) the award either of an income-related allowance, income support or of an income-based jobseeker’s allowance in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received; and

(b) where that award is followed by one or more further awards which in each case may be either of an income-related allowance, income support or of an income-based jobseeker’s allowance and which, or each of which, begins immediately after the end of the previous award, such further awards until the end of the last such award, provided that for any such further awards the claimant—

(i) is the person who received the relevant sum,

(ii) is the partner of the person who received the relevant sum, or was that person’s partner at the date of that person’s death, or

(iii) in the case of a joint-claim jobseeker’s allowance, is a joint-claim couple either member or both members of which received the relevant sum.

(4) In sub-paragraph (3)(b) “joint-claim couple” and “joint-claim jobseeker’s allowance” have the meanings given by Article 2(2) of the Jobseekers Order(2).

Commencement Information

I11 Sch. 9 para. 11 in operation at 27.10.2008, see reg. 1(1)

12.  Any sum— N.I.

(a) paid to the claimant in consequence of damage to, or loss of, the home or any personal possession and intended for its repair or replacement; or

(b) acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvements to the home,

and which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to enable the claimant to effect the repairs, replacement or improvements.

Commencement Information

I12 Sch. 9 para. 12 in operation at 27.10.2008, see reg. 1(1)

13.  Any sum— N.I.

(a) deposited with a housing association as a condition of occupying the home;

(b) which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as is reasonable in the circumstances to complete the purchase.

Commencement Information

I13 Sch. 9 para. 13 in operation at 27.10.2008, see reg. 1(1)

14.  Any personal possessions except those which had or have been acquired by the claimant with the intention of reducing that claimant’s capital in order to secure entitlement to an employment and support allowance, a jobseeker’s allowance or income support or to increase the amount of those benefits. N.I.

Commencement Information

I14 Sch. 9 para. 14 in operation at 27.10.2008, see reg. 1(1)

15.  The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity. N.I.

Commencement Information

I15 Sch. 9 para. 15 in operation at 27.10.2008, see reg. 1(1)

16.  Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant or the claimant’s partner, the value of the trust fund and the value of the right to receive any payment under that trust. N.I.

Commencement Information

I16 Sch. 9 para. 16 in operation at 27.10.2008, see reg. 1(1)

17.—(1) Subject to sub-paragraph (2), any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner. N.I.

(2) Sub-paragraph (1)—

(a) applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in [F1 consequence] of that personal injury;

(b) does not apply to any subsequent payment made to the claimant in consequence of that injury (whether it is made by the same person or another);

(c) ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

(d) does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

(3) For the purpose of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

Textual Amendments

F1 Word in Sch. 9 para. 17(2)(a) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/413), regs. 1(1), 3(33)(a)

Commencement Information

I17 Sch. 9 para. 17 in operation at 27.10.2008, see reg. 1(1)

18.  The value of the right to receive any income under a life interest. N.I.

Commencement Information

I18 Sch. 9 para. 18 in operation at 27.10.2008, see reg. 1(1)

19.  The value of the right to receive any income which is disregarded under paragraph 9 of Schedule 7 or paragraph 23 of Schedule 8 (earnings or other income to be disregarded). N.I.

Commencement Information

I19 Sch. 9 para. 19 in operation at 27.10.2008, see reg. 1(1)

20.  The surrender value of any policy of life insurance. N.I.

Commencement Information

I20 Sch. 9 para. 20 in operation at 27.10.2008, see reg. 1(1)

21.  Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments. N.I.

Commencement Information

I21 Sch. 9 para. 21 in operation at 27.10.2008, see reg. 1(1)

22.—(1) Any payment made by an authority under Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children or powers to grant financial assistance to persons looked after or in, or formerly in, its care). N.I.

(2) Subject to sub-paragraph (3), any payment (or part of a payment) made by an authority under Article 34D of the Children Order to a person (“A”) which A passes on to the claimant.

(3) Sub-paragraph (2) only applies where A—

(a) was formerly in the claimant’s care,

(b) is aged 18 or over, and

(c) continues to live with the claimant.

(4) In this paragraph “authority” has the meaning given by Article 2 of the Children Order.

Commencement Information

I22 Sch. 9 para. 22 in operation at 27.10.2008, see reg. 1(1)

23.  Any social fund payment made pursuant to Part 8 of the Contributions and Benefits Act. N.I.

Commencement Information

I23 Sch. 9 para. 23 in operation at 27.10.2008, see reg. 1(1)

24.  Any refund of tax which falls to be deducted under section 369 of the Taxes Act (mortgage interest payable under deduction of tax) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements in the home. N.I.

Commencement Information

I24 Sch. 9 para. 24 in operation at 27.10.2008, see reg. 1(1)

25.  Any capital which under regulation 105 or 137 (capital treated as income or treatment of student loans) is to be treated as income. N.I.

Commencement Information

I25 Sch. 9 para. 25 in operation at 27.10.2008, see reg. 1(1)

26.  Where a payment of capital is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling. N.I.

Commencement Information

I26 Sch. 9 para. 26 in operation at 27.10.2008, see reg. 1(1)

27.—(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts”), the Fund, the Eileen Trust, the Independent Living Fund (2006), the Skipton Fund or the London Bombings Relief Charitable Fund. N.I.

(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

(a) that person’s partner or former partner from whom the person is not, or where that person has died was not, estranged or divorced or with whom the person has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person’s death;

(b) any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or

(c) any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

(3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

(a) the person who is suffering from haemophilia or who is a qualifying person;

(b) any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or

(c) any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

(4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—

(a) that person has no partner or former partner from whom the person is not estranged or divorced or with whom the person has formed a civil partnership that has not been dissolved, nor any child or young person who is or had been a member of that person’s family; and

(b) the payment is made either—

(i) to that person’s parent or step-parent, or

(ii) where that person at the date of the payment is a child, a young person or a full-time student who has not completed full-time education and had no parent or step-parent, to that person’s guardian,

but only for a period from the date of the payment until the end of 2 years from that person’s death.

(5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—

(a) that person at the date of the person’s death (“the relevant date”) had no partner or former partner from whom the person was not estranged or divorced or with whom the person had formed a civil partnership that had not been dissolved, nor any child or young person who was or had been a member of that person’s family; and

(b) the payment is made either—

(i) to that person’s parent or step-parent, or

(ii) where that person at the relevant date was a child, a young person or a full-time student who had not completed full-time education and had no parent or step-parent, to that person’s guardian,

but only for a period of 2 years from the relevant date.

(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.

(7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts is to be construed as including a reference to the Fund, the Eileen Trust, the Skipton Fund or the London Bombings Relief Charitable Fund.

Commencement Information

I27 Sch. 9 para. 27 in operation at 27.10.2008, see reg. 1(1)

28.  The value of the right to receive an occupational or personal pension. N.I.

Commencement Information

I28 Sch. 9 para. 28 in operation at 27.10.2008, see reg. 1(1)

29.  The value of any funds held under a personal pension scheme. N.I.

Commencement Information

I29 Sch. 9 para. 29 in operation at 27.10.2008, see reg. 1(1)

30.  The value of the right to receive any rent except where the claimant has a reversionary interest in the property in respect of which rent is due. N.I.

Commencement Information

I30 Sch. 9 para. 30 in operation at 27.10.2008, see reg. 1(1)

31.  Any payment in kind made by a charity or under the Macfarlane Trust, Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Fund (2006). N.I.

Commencement Information

I31 Sch. 9 para. 31 in operation at 27.10.2008, see reg. 1(1)

32.  Any payment made pursuant to section 1 of the Employment and Training Act(3) but only for the period of 52 weeks beginning on the date of receipt of the payment. N.I.

Commencement Information

I32 Sch. 9 para. 32 in operation at 27.10.2008, see reg. 1(1)

33.  Any payment made under arrangements made by the Department to compensate for the loss (in whole or in part) of entitlement to housing benefit. N.I.

Commencement Information

I33 Sch. 9 para. 33 in operation at 27.10.2008, see reg. 1(1)

34.  Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts. N.I.

Commencement Information

I34 Sch. 9 para. 34 in operation at 27.10.2008, see reg. 1(1)

35.  Any payment in consequence of a reduction of liability for rates under Article 30A of the Rates (Northern Ireland) Order 1977 (rate relief in respect of dwellings) or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax) or, but only for a period of 52 weeks from the date of the receipt of the payment. N.I.

Commencement Information

I35 Sch. 9 para. 35 in operation at 27.10.2008, see reg. 1(1)

36.  Any grant made in Great Britain to the claimant in accordance with a scheme under section 129 of the Housing Act 1988 or section 66 of the Housing (Scotland) Act 1988(4) (schemes for payments to assist local housing authorities and local authority tenants to obtain other accommodation) which is to be used— N.I.

(a) to purchase premises intended for occupation as the claimant’s home; or

(b) to carry out repairs or alterations which are required to render premises fit for occupation as the claimant’s home,

for a period of 26 weeks from the date on which the claimant received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as the claimant’s home.

Commencement Information

I36 Sch. 9 para. 36 in operation at 27.10.2008, see reg. 1(1)

37.—(1) Any payment or repayment made under regulation 5, 6 or 11 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004 (entitlement to full remission and payment, entitlement to partial remission and payment, or repayment), but only for a period of 52 weeks from the date of the receipt of the payment or repayment. N.I.

(2) Any payment or repayment by the Department of Health, Social Services and Public Safety which is analogous to a payment or repayment mentioned in sub-paragraph (1), but only for a period of 52 weeks from the date of the receipt of the payment or repayment.

Commencement Information

I37 Sch. 9 para. 37 in operation at 27.10.2008, see reg. 1(1)

38.  Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to Article 13 of the Social Security (Northern Ireland) Order 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins) but only for a period of 52 weeks from the date of receipt of the payment. N.I.

Commencement Information

I38 Sch. 9 para. 38 in operation at 27.10.2008, see reg. 1(1)

39.  Any payment made under a scheme established by the Secretary of State to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of receipt of the payment. N.I.

Commencement Information

I39 Sch. 9 para. 39 in operation at 27.10.2008, see reg. 1(1)

40.  Any arrears of supplementary pension which is disregarded under paragraph 48 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 50 or 51 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears. N.I.

Commencement Information

I40 Sch. 9 para. 40 in operation at 27.10.2008, see reg. 1(1)

41.  Any payment (other than a training allowance) made under the Disabled Persons (Employment) Act to assist disabled persons to obtain or retain employment despite their disability. N.I.

Commencement Information

I41 Sch. 9 para. 41 in operation at 27.10.2008, see reg. 1(1)

42.—(1) Any sum to which sub-paragraph (2) applies and— N.I.

(a) which is administered on behalf of a person by the High Court under the provisions of Order 80 or 109 of the Rules of the Supreme Court (Northern Ireland) 1980(5) or by a County Court under Order 44 of the County Court Rules (Northern Ireland) 1981(6) or Article 21 of the County Courts (Northern Ireland) Order 1980(7);

(b) which can only be disposed of by order or direction of any such court; or

(c) where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.

(2) This sub-paragraph applies to a sum which is derived from—

(a) an award of damages for a personal injury to that person; or

(b) compensation for the death of one or both parents where the person concerned is under the age of 18.

Commencement Information

I42 Sch. 9 para. 42 in operation at 27.10.2008, see reg. 1(1)

43.  Any payment to the claimant as holder of the Victoria Cross or George Cross. N.I.

Commencement Information

I43 Sch. 9 para. 43 in operation at 27.10.2008, see reg. 1(1)

44.  In the case of a person who is receiving, or who has received, assistance under the self-employment route, any sum which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired. N.I.

Commencement Information

I44 Sch. 9 para. 44 in operation at 27.10.2008, see reg. 1(1)

45.—(1)  [F2 Any payment of] a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable or any housing costs to the extent that they are met under regulation 67(1)(c) or 68(1)(d) (housing costs), of the claimant or, where the claimant is a member of a family, any other member of the claimant’s family, or any water charges for which that claimant or member is liable.

(3) For the purposes of sub-paragraph (2) “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made.

Textual Amendments

F2 Words in Sch. 9 para. 45(1) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/413), regs. 1(1), 3(33)(b)

Commencement Information

I45 Sch. 9 para. 45 in operation at 27.10.2008, see reg. 1(1)

46.  Where an ex-gratia payment of £10,000 has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or internment of— N.I.

(a) the claimant;

(b) the claimant’s partner;

(c) the claimant’s deceased spouse or deceased civil partner; or

(d) the claimant’s partner’s deceased spouse or deceased civil partner,

by the Japanese during the Second World War, £10,000.

Commencement Information

I46 Sch. 9 para. 46 in operation at 27.10.2008, see reg. 1(1)

47.  In the case of a person to whom regulation 6(5) of the Income Support Regulations (persons not treated as in remunerative work) applies, the whole of the claimant’s capital. N.I.

Commencement Information

I47 Sch. 9 para. 47 in operation at 27.10.2008, see reg. 1(1)

48.—(1) Any payment by way of an education maintenance allowance made pursuant to Article 50 or 51 of the Education and Libraries Order(8) or a payment corresponding to such an education maintenance allowance made pursuant to section 3 of the Employment and Training Act. N.I.

(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to Article 50 or 51 of the Education and Libraries Order, in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).

Commencement Information

I48 Sch. 9 para. 48 in operation at 27.10.2008, see reg. 1(1)

49.—(1) Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a member of a claimant’s family who is— N.I.

(a) a diagnosed person;

(b) the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;

(c) a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or

(d) a member of the diagnosed person’s family (other than that person’s partner) or a person who was a member of the diagnosed person’s family (other than that person’s partner) at the date of the diagnosed person’s death.

(2) Where a trust payment is made to—

(a) a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;

(b) a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending 2 years after that date;

(c) a person referred to in sub-paragraph (1)(d), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending—

(i) two years after that date, or

(ii) on the day before the day on which that person—

(aa) ceases receiving full-time education, or

(bb) attains the age of 20,

whichever is the latest.

(3) Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made, or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a member of a claimant’s family who is—

(a) the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;

(b) a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or

(c) a member of the diagnosed person’s family (other than that person’s partner) or a person who was a member of the diagnosed person’s family (other than that person’s partner) at the date of the diagnosed person’s death,

but only to the extent that such payments do not exceed the total amount of any trust payments made to that person.

(4) Where a payment as referred to in sub-paragraph (3) is made to—

(a) a person referred to in sub-paragraph (3)(a), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending on the date on which that person dies;

(b) a person referred to in sub-paragraph (3)(b), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending 2 years after that date;

(c) a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending—

(i) two years after that date, or

(ii) on the day before the day on which that person—

(aa) ceases receiving full-time education; or

(bb) attains the age of 20,

whichever is the latest.

(5) In this paragraph, a reference to a person—

(a) being the diagnosed person’s partner;

(b) being a member of the diagnosed person’s family; or

(c) acting in the place of the diagnosed person’s parents,

at the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person residing in a residential care home, a nursing home, an Abbeyfield Home or an independent hospital on that date.

(6) In this paragraph—

“diagnosed person” means a person who has been diagnosed as suffering from, or who, after that person’s death, has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;

“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;

“trust payment” means a payment under a relevant trust.

Commencement Information

I49 Sch. 9 para. 49 in operation at 27.10.2008, see reg. 1(1)

50.  The amount of a payment, other than a war pension within the meaning of section 25 of the Social Security Act 1989(9), to compensate for the fact that the claimant, the claimant’s partner, the claimant’s deceased spouse or deceased civil partner or the claimant’s partner’s deceased spouse or deceased civil partner— N.I.

(a) was a slave labourer or a forced labourer;

(b) had suffered property loss or had suffered personal injury; or

(c) was a parent of a child who had died,

during the Second World War.

Commencement Information

I50 Sch. 9 para. 50 in operation at 27.10.2008, see reg. 1(1)

51.—(1) Any payment made by the Housing Executive to or on behalf of the claimant or the claimant’s partner relating to a service which is provided to develop or sustain the capacity of the claimant or the claimant’s partner to live independently in the claimant’s or the claimant’s partner’s accommodation. N.I.

Commencement Information

I51 Sch. 9 para. 51 in operation at 27.10.2008, see reg. 1(1)

52.  Any payment made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002(10). N.I.

Commencement Information

I52 Sch. 9 para. 52 in operation at 27.10.2008, see reg. 1(1)

53.  Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002(11). N.I.

Commencement Information

I53 Sch. 9 para. 53 in operation at 27.10.2008, see reg. 1(1)

54.  Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989(12) (special guardianship support services). N.I.

Commencement Information

I54 Sch. 9 para. 54 in operation at 27.10.2008, see reg. 1(1)

55.  Where an ex-gratia payment has been made by the Secretary of State to members of the families of the disappeared, but only for a period of 52 weeks from the date of receipt of that payment. N.I.

Commencement Information

I55 Sch. 9 para. 55 in operation at 27.10.2008, see reg. 1(1)

(1)

The definition of “official error” was substituted by paragraph 2(b) of Schedule 4 to S.R. 2001 No. 176 and amended by regulation 2(2)(a) of S.R. 2002 No. 189

(2)

The definitions of “joint-claim couple” and “joint-claim jobseeker’s allowance” were inserted by paragraph 2(3) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

(3)

Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

(4)

1988 c. 43

(5)

S.R. 1980 No. 346; Order 109 was added by S.R. 1986 No. 184

(6)

S.R. 1981 No. 225

(7)

S.I. 1980/397 (N.I. 3)

(8)

Article 50 was amended by the Schedule to the Education (Student Support) (Northern Ireland) Order 1998 (S.I. 1998/1760 (N.I. 14)) and Article 51 was substituted by Part 2 of Schedule 5 to the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))

(9)

1989 c. 24

(10)

2002 c. 6 (N.I.)

(11)

2002 c. 38

(12)

1989 c. 41; section 14F was inserted by section 115 of the Adoption and Children Act 2002 (c. 38)