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Version Superseded: 07/10/1996
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Social Security Contributions and Benefits (Northern Ireland) Act 1992, Section 123 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A person in Northern Ireland is entitled to income support if—
(a)he is of or over the age of 18 or, in prescribed circumstances and for a prescribed period, of or over the age of 16 or he is a person to whom section 124(1) below applies;
(b)he has no income or his income does not exceed the applicable amount;
(c)he is not engaged in remunerative work and, if he is a member of a married or unmarried couple, the other member is not so engaged; and
(d)except in such circumstances as may be prescribed—
(i)he is available for, and actively seeking, employment;
(ii)he is not receiving relevant education.
[F1(e)he falls within a prescribed category of person; and
(f)he is not entitled to a jobseeker’s allowance and, if he is a member of a married or unmarried couple, the other member of the couple is not entitled to an income-based jobseeker’s allowance.]
(2)In subsection (1)(a) above “period” includes—
(a)a period of a determinate length;
(b)a period defined by reference to the happening of a future event; and
(c)a period of a determinate length but subject to earlier determination upon the happening of a future event.
(3)Circumstances may be prescribed in which a person must not only satisfy the condition specified in subsection (1)(d)(i) above but also be registered in the prescribed manner for employment.
(4)Subject to subsection (5) below, where a person is entitled to income support, then—
(a)if he has no income, the amount shall be the applicable amount; and
(b)if he has income, the amount shall be the difference between his income and the applicable amount.
(5)Where a person is entitled to income support for a period to which this subsection applies, the amount payable for that period shall be calculated in such manner as may be prescribed.
(6)Subsection (5) above applies—
(a)to a period of less than a week which is the whole period for which income support is payable; and
(b)to any other period of less than a week for which it is payable.
Textual Amendments
F1S. 123(1)(e)(f) inserted (5.2.1996 for the purpose only of authorising the making of regulations andprosp. otherwise) by S.I. 1995/2705, art. 40(1), Sch. 2 para. 13(5); S.R. 1996/26, art. 2(b), Sch.
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