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.

F13

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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—

    1. a

      a married or unmarried couple;

    2. 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;

    3. 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;

  • 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—

    1. a

      a married or unmarried couple;

    2. 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;

    3. 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;

  • 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.