Part VII Income-Related Benefits
General
130 Exclusions from benefit.
C11
No person shall be entitled to an income-related benefit if his capital or a prescribed part of it exceeds the prescribed amount.
C12
Except in prescribed circumstances the entitlement of one member of a family to any one income-related benefit excludes entitlement to that benefit for any other member for the same period.
3
Where the amount of any income-related benefit would be less than a prescribed amount, it shall not be payable except in prescribed circumstances.
131 The applicable amount.
1
The applicable amount, in relation to any income-related benefit, shall be such amount or the aggregate of such amounts as may be prescribed in relation to that benefit.
2
The power to prescribe applicable amounts conferred by subsection (1) above includes power to prescribe nil as an applicable amount.
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F14
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5
In relation to income support and housing benefit, the applicable amount for a severely disabled person shall include an amount in respect of his being a severely disabled person.
6
Regulations may specify circumstances in which persons are to be treated as being or as not being severely disabled.
C2132 Income and capital.
1
Where a person claiming an income-related benefit is a member of a family, the income and capital of any member of that family shall, except in prescribed circumstances, be treated as the income and capital of that person.
2
Regulations may provide that capital not exceeding the amount prescribed under section 130(1) above but exceeding a prescribed lower amount shall be treated, to a prescribed extent, as if it were income of a prescribed amount.
3
Income and capital shall be calculated or estimated in such manner as may be prescribed.
4
Circumstances may be prescribed in which—
a
a person is treated as possessing capital or income which he does not possess;
b
capital or income which a person does possess is to be disregarded;
c
income is to be treated as capital;
d
capital is to be treated as income.
133 Interpretation of Part VII and supplementary provisions.
1
In this Part of this Act—
“child” means a person under the age of 16;
F2“dwelling” means any residential accommodation, whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;
“the Executive” means the Northern Ireland Housing Executive;
“family” means—
- a
a married or unmarried couple;
- b
a married or unmarried couple and a member of the same household for whom one of them is or both are responsible and who is a child or a person of a prescribed description;
- c
except in prescribed circumstances, a person who is not a member of a married or unmarried couple and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;
- a
“industrial injuries regulations” means the regulations made under Schedule 8 to this Act or section 150 of the 1975 Act or under the Old Cases Act;
“married couple” means a man and woman who are married to each other and are members of the same household;
“prescribed” means specified in or determined in accordance with regulations;
“unmarried couple” means a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;
“war pension scheme” means a scheme under which war pensions (as defined in section 25(4) of the M2Social Security Act 1989) are provided.
2
Regulations may make provision for the purposes of this Part of this Act—
a
as to circumstances in which a person is to be treated as being or not being in Northern Ireland;
b
continuing a person’s entitlement to benefit during periods of temporary absence from Northern Ireland;
c
as to what is or is not to be treated as remunerative work or as employment;
d
as to circumstances in which a person is or is not to be treated as—
i
engaged or normally engaged in remunerative work;
ii
available for employment; or
iii
actively seeking employment;
e
as to what is or is not to be treated as relevant education;
f
as to circumstances in which a person is or is not to be treated as receiving relevant education;
g
specifying the descriptions of pension increases under war pension schemes or the industrial injuries regulations that are analogous to the benefits mentioned in section 128(2)(b)(i) to (iii) above;
h
as to circumstances in which a person is or is not to be treated as occupying a dwelling as his home;
i
for treating any person who is liable to make payments in respect of a dwelling as if he were not so liable;
j
for treating any person who is not liable to make payments in respect of a dwelling as if he were so liable;
k
for treating as included in a dwelling any land used for the purposes of the dwelling;
l
as to circumstances in which persons are to be treated as being or not being members of the same household;
m
as to circumstances in which one person is to be treated as responsible or not responsible for another.
133 Interpretation of Part VII and supplementary provisions.
1
In this Part of this Act—
“child” means a person under the age of 16;
“the Executive” means the Northern Ireland Housing Executive;
“family” means—
- a
a married or unmarried couple;
- b
a married or unmarried couple and a member of the same household for whom one of them is or both are responsible and who is a child or a person of a prescribed description;
- c
except in prescribed circumstances, a person who is not a member of a married or unmarried couple and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;
- a
“industrial injuries regulations” means the regulations made under Schedule 8 to this Act or section 150 of the 1975 Act or under the Old Cases Act;
“married couple” means a man and woman who are married to each other and are members of the same household;
“prescribed” means specified in or determined in accordance with regulations;
“unmarried couple” means a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;
“war pension scheme” means a scheme under which war pensions (as defined in section 25(4) of the M1Social Security Act 1989) are provided.
2
Regulations may make provision for the purposes of this Part of this Act—
a
as to circumstances in which a person is to be treated as being or not being in Northern Ireland;
b
continuing a person’s entitlement to benefit during periods of temporary absence from Northern Ireland;
c
as to what is or is not to be treated as remunerative work or as employment;
d
as to circumstances in which a person is or is not to be treated as—
i
engaged or normally engaged in remunerative work;
ii
available for employment; or
iii
actively seeking employment;
e
as to what is or is not to be treated as relevant education;
f
as to circumstances in which a person is or is not to be treated as receiving relevant education;
g
specifying the descriptions of pension increases under war pension schemes or the industrial injuries regulations that are analogous to the benefits mentioned in section 128(2)(b)(i) to (iii) above;
h
as to circumstances in which a person is or is not to be treated as occupying a dwelling as his home;
i
for treating any person who is liable to make payments in respect of a dwelling as if he were not so liable;
j
for treating any person who is not liable to make payments in respect of a dwelling as if he were so liable;
k
for treating as included in a dwelling any land used for the purposes of the dwelling;
l
as to circumstances in which persons are to be treated as being or not being members of the same household;
m
as to circumstances in which one person is to be treated as responsible or not responsible for another.