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SCHEDULES

SCHEDULE 4N.I.Housing costs element for renters

PART 3N.I.General provisions about calculation of amount of housing costs element for renters

Housing cost contributionsN.I.

Housing cost contributionsN.I.

12.—(1) In calculating the amount of the housing costs element under Part 4 or 5 of this Schedule, a deduction is to be made in respect of each non-dependant who is a member of the renter's extended benefit unit.

(2) Sub-paragraph (1) is subject to paragraphs 14 and 15.

(3) Any amount to be deducted under sub-paragraph (1) is referred to in this Schedule as a “housing cost contribution”.

Amount of housing cost contributionsN.I.

13.—(1) The amount of each housing cost contribution to be deducted under paragraph 12 is [F1£85.73]

(2) Deductions are not to be made until the amount has been determined which results from all other steps in the calculation required in relation to the renter under Parts 4 and 5 of this Schedule.

(3) Where the sum of all the housing cost contributions to be deducted in the renter's case exceeds the amount referred to in sub-paragraph (2)—

(a)the amount determined under this Schedule is to be reduced to nil; but

(b)no further reduction in respect of housing cost contributions is to be made from the renter's award.

Textual Amendments

Modifications etc. (not altering text)

Exempt rentersN.I.

14.—(1) No deduction is to be made under paragraph 12 in the case of—

(a)any renter who is a single person to whom sub-paragraph (2) applies; or

(b)any joint renter where at least one joint renter is a person to whom sub-paragraph (2) applies.

(2) This sub-paragraph applies to a person—

(a)who is blind;

(b)in receipt of the care component of disability living allowance at the middle or highest rate;

[F2(ba)in receipt of the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;]

(c)in receipt of attendance allowance;

(d)in receipt of the daily living component of a personal independence payment;

[F3(da)a person in receipt of the daily living component of adult disability payment at the standard or enhanced rate;]

(e)who is entitled to a payment within paragraph (b), (c) [F4, (d) or (da)] but is not receiving it under, as the case may be—

(i)regulation 8 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 M1,

(ii)regulation 6 of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 M2,

(iii)regulation 19 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984 M3, F5...

(iv)regulations under Article 91 of the Order (hospital in-patients).

[F6or

(v)regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022]

Textual Amendments

Marginal Citations

M1SR. 1992 No. 32; regulation 8 was amended by regulation 3(2) of S.R. 1992 No. 481, regulation 4(2) of S.R. 1999 No. 221 and regulation 3(2) of S.R. 2000 No. 195.

M2S.R. 1992 No. 20; regulation 6 was amended by regulation 2(2) of S.R. 1992 No. 481, regulation 3 of S.R. 1999 No. 221 and regulation 2(3) of S.R. 2000 No. 195.

No deduction for housing cost contributions in respect of certain non-dependantsN.I.

15.—(1) No deduction is to be made under paragraph 12 in respect of any non-dependant who is a member of the renter's extended benefit unit to whom sub-paragraph (2) applies.

(2) This sub-paragraph applies to a person—

(a)who is under 21 years old;

(b)in receipt of state pension credit;

(c)in receipt of the care component of disability living allowance at the middle or highest rate;

(d)in receipt of attendance allowance;

(e)in receipt of the daily living component of personal independence payment;

[F7(ea)a person in receipt of the daily living component of adult disability payment at the standard or enhanced rate;]

(f)who is entitled to a payment within paragraph (c), (d) [F8, (e) or (ea)] but is not receiving it under, as the case may be—

(i)regulation 8 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992,

(ii)regulation 6 of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992,

(iii)regulation 19 of [F9the Social Security (General Benefit) Regulations (Northern Ireland) 1984], F10...

(iv)regulations under Article 91 of the Order;

[F11or

(v)regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022]

(g)in receipt of carer's allowance;

(h)is a prisoner;

(i)is responsible for a child under 5 years old;

(j)is a member of the armed forces away on operations who—

(i)is the son, daughter, step-son or step-daughter of a renter or joint renters, and

(ii)resided with the renter or joint renters immediately before leaving to go on operations and intends to return to reside with the renter or joint renters at the end of the operations.

Textual Amendments

F9Words in Sch. 4 para. 15(2)(f)(iii) substituted (coming into force in accordance with reg. 1(3) of the amending Rule) by virtue of The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(3), 9(17)