Part VII Income-Related Benefits

Income support

123 Income support.

(1)

A person in Northern Ireland is entitled to income support if—

F1(a)

he is of or over the age of 16;

F2(aa)

he has not attained the qualifying age for state pension credit;

(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 F3couple, the other member is not so engaged; F4. . .

F5(d)

except in such circumstances as may be prescribed, he is not receiving relevant education;

F6(e)

he falls within a prescribed category of person; F7...

(f)

he is not entitled to a jobseeker’s allowance and, if he is a member of a F8couple, the other member of the couple is not F9, and the couple are not, entitled to an income-based jobseeker’s allowanceF10; and

(g)

if he is a member of a F11couple, the other member of the couple is not entitled to state pension credit.

(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.