80.—(1) Subject to the following provisions of this regulation, the amount of a welfare benefit to be used when determining total entitlement to welfare benefits is the amount to which the single person or couple is entitled during the reference period subject to any adjustment to the amount payable in accordance with regulations under section 71 of the Social Security Administration (Northern Ireland) 1992 (overlapping benefits).
(2) Where the welfare benefit is universal credit, the amount to be used is the amount to which the claimant is entitled before any reduction under regulation 81 or under Article 31 or 32 of the Order.
[F1(2A) Where the welfare benefit is housing benefit under section 129 of the Contributions and Benefits Act, the amount to be used is nil.]
(3) Where a person is disqualified for receiving an employment and support allowance by virtue of section 18 of the Welfare Reform Act (Northern Ireland) 2007, it is disregarded as a welfare benefit.
(4) Where an amount of a welfare benefit is taken into account in assessing a single person or a couple's unearned income for the purposes of an award of universal credit the amount to be used is the amount taken into account as unearned income in accordance with regulation 66.
(5) Where a welfare benefit is awarded in respect of a period that is not a month, the amount is to be calculated as the monthly equivalent as set out in regulation 73 (unearned income calculated monthly).
Textual Amendments
F1Reg. 80(2A) inserted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Benefit Cap (Housing Benefit and Universal Credit) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/375), regs. 1(3), 3(3)