Regulation 43 Flat rateI1

Northern Ireland

(1)

The following benefits, pensions and allowances are prescribed for the purposes of paragraph 4(1)(b) of Schedule 1—

(a)

under the Contributions and Benefits Act—

F1(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)

category A retirement pension,

(iii)

category B retirement pension,

(iv)

category C and category D retirement pension,

(v)

incapacity benefit,

(vi)

carer’s allowance,

(vii)

maternity allowance,

(viii)

severe disablement allowance,

(ix)

industrial injuries benefit,

(x)

widowed mother’s allowance,

(xi)

widowed parent’s allowance, and

(xii)

widow’s pension;

(b)

contribution-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995^f1;

(c)

a social security benefit paid by a country other than the United Kingdom;

(d)

a training allowance (other than in respect of a relevant training scheme);

(e)

a war disablement pension within the meaning of section 146(2) of the Contributions and Benefits Act^f2 or a pension which is analogous to such a pension paid by the government of a country outside the United Kingdom;

(f)

a war widow’s pension within the meaning of that section, or a war widower’s pension or surviving civil partner’s war pension;

(g)

a payment under a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004^f3; F2...

(h)

contributory employment and support allowance F3; F4...

(i)

a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015; F5and

F6(j)

F7the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

(2)

The following benefits are prescribed for the purposes of paragraph 4(1)(c) of Schedule 1—

(a)

income support;

(b)

income-based jobseeker’s allowance;

(c)

income-related employment and support allowance; F8...

(d)

state pension credit; F9and

F10(e)

universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income.

(3)

Where the conditions referred to in paragraph 4(2) of Schedule 1 are satisfied the flat rate of maintenance payable is half the flat rate that would otherwise apply.

(4)

In paragraph (1)(d) “training allowance” means a payment under section 1 of the Employment and Training Act (Northern Ireland) 1950^f4 which is paid to a person for that person’s maintenance while undergoing training.

F11(5)

For the purposes of paragraph (2)(e) and regulation 44(1)(c) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.

Annotations

Textual amendments

F1: Reg. 43(1)(a)(i) omitted (6.4.2017) by virtue of The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2017 (S.R. 2017/66), arts. 1(2)(c), 27 (with arts. 2, 3)
F2: Word in reg. 43(1)(g) omitted (6.4.2016) by virtue of The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2015 (S.R. 2015/411), arts. 1(b), 27(a)
F3: Reg. 43(1)(i) and word inserted (6.4.2016) by The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2015 (S.R. 2015/411), arts. 1(b), 27(b)
F4: Word in reg. 43(1)(h) omitted (19.11.2023) by virtue of The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 47(a)
F5: Word in reg. 43(1)(i) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 47(b)
F6: Reg. 43(1)(j) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 47(c)
F7: Words in reg. 43(1)(j) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 50
F8: Word in reg. 43(2)(c) omitted (coming into operation in accordance with reg. 1(1) of the amending Rule) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 41(3)(a)(i)
F9: Word in reg. 43(2)(d) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 41(3)(a)(ii)
F10: Reg. 43(2)(e) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 41(3)(a)(iii)
F11: Reg. 43(5) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 41(3)(b)

Commencement

I1: Reg. 43 comes into force in accordance with reg. 1

Footnotes

f1: S.I. 1995/2705 (N.I. 15)
f2: The definition of “war disablement pension” was amended by paragraph 201(3) of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 and the definition of “war widow’s pension” was amended by paragraph 201(4) of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 and paragraph 102(2) of Schedule 24 to the Civil Partnership Act 2004
f3: 2004 c. 32
f4: 1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))