(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.
[F1(3)In prescribing, for the purposes of income support, amounts under subsection (1) above in respect of accommodation in any area for qualifying persons in cases where prescribed conditions are fulfilled, the Department shall take into account—
(a)the amounts which the Department has agreed to pay, and
(b)information provided by the Board or other prescribed persons with respect to the amounts which the Board or such persons have agreed to pay,
for the provision of accommodation in relevant premises in that area.
(4)In subsection (3) above—
“accommodation” includes any board or care;
“the Board” means the Health and Social Services Board for that area;
[F2“qualifying persons” means any person who falls within paragraph (1) of Article 36A of the Health and Personal Social Services (Northern Ireland) Order 1972 (persons ordinarily resident in residential care or nursing homes immediately before the coming into operation of that Article) or who would fall within that paragraph apart from any regulations under paragraph (2) of that Article;
“relevant premises” means premises mentioned in paragraph (1) of the said Article 36A.]]
(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.
Textual Amendments
F1S. 131(3)(4) omitted (temp. from 1.7.1992) by virtue of Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9), ss. 6, 7(2), Sch. 4 Pt. I paras. 1, 4
F2Definitions in s. 131(4) substituted (1.4.1993) by S.I. 1992/3204 (N.I. 20), art. 37, Sch. 1, para. 5; S.R. 1993/75, art.2
Modifications etc. (not altering text)
C1S. 131(1)(2): certain functions transferred (5.10.1999) by 1999 c. 10, ss. 2(1)(a), 20(2), Sch. 2 para. 3(f)
C2S. 131(1) modified (1.7.1998) by S.I. 1998/1506 (N.I. 10), arts. 1(3), 73(8)
C3S. 131(1) restricted (26.3.2002) by Personal Social Services (Preserved Rights) Act (Northern Ireland) 2002 (c. 5 (N.I.)), s. 3(a)