Paragraph 3 Previous entitlement to other income-related benefitsI1
Northern Ireland
Where the claimant or the claimant’s partner was in receipt of, or was treated as being in receipt of, an income-based jobseeker’s allowance or income support not more than 12 weeks before one of them becomes entitled to an income-related allowance or, where the claimant or the claimant’s partner is a person to whom paragraph 15(2) or (13) (linking rules) refers, not more than 26 weeks before becoming so entitled and—
the applicable amount for that income-based jobseeker’s allowance or income support included an amount in respect of housing costs F1under paragraph 16 of Schedule 2 of Schedule 2 to the Jobseeker’s Allowance Regulationsf1 or, as the case may be, paragraph 17 of Schedule 3 to the Income Support Regulationsf2; and
the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,
the applicable amount in respect of housing costs for an income-related allowance is to be the applicable amount in respect of those costs current when entitlement to an income-based jobseeker’s allowance or income support was last determined.
Where the claimant or the claimant’s partner was in receipt of state pension credit not more than 12 weeks before one of them becomes entitled to F2an income-related allowance or, where the claimant or the claimant’s partner is a person to whom paragraph 15(2) or (13) (linking rules) refers, not more than 26 weeks before becoming so entitled and—
the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,
the applicable amount in respect of housing costs for an income-related allowance is to be the applicable amount in respect of those costs current when entitlement to state pension credit was last determined.
Where, in the period since housing costs were last calculated for an income-based jobseeker’s allowance, income support or, as the case may be, state pension credit, there has been a change of circumstances, other than a reduction in the amount of an outstanding loan, which increases or reduces those costs, the amount to be met under this Schedule must, for the purposes of the claim for an income-related allowance, be recalculated so as to take account of that change.
Annotations
Textual amendments
- F1
Words in Sch. 6 para. 3(1)(a) substituted (6.4.2018) by The Loans for Mortgage Interest Regulations (Northern Ireland) 2017 (S.R. 2017/176), reg. 1(2)(a), Sch. 5 para. 4(c)(iii)(aa) (with regs. 19-21) (as amended by S.R. 2018/37, regs. 1(2), 2(14)(15))
- F2
Words in Sch. 6 para. 3(2) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/413), regs. 1(1), 3(30)(b)
- F3
Words in Sch. 6 para. 3(2)(a) substituted (6.4.2018) by The Loans for Mortgage Interest Regulations (Northern Ireland) 2017 (S.R. 2017/176), reg. 1(2)(a), Sch. 5 para. 4(c)(iii)(bb) (with regs. 19-21) (as amended by S.R. 2018/37, regs. 1(2), 2(14)(15))
Commencement
- I1
Sch. 6 para. 3 in operation at 27.10.2008, see reg. 1(1)
Footnotes
- f1
-
Paragraph 16 was amended by paragraph 4(4)(a) of Schedule 2 to S.R. 2006 No. 407
- f2
-
Schedule 3 was substituted by regulation 2 of S.R. 1995 No. 301 and paragraph 17 was amended by paragraph 1(4)(a) of Schedule 2 to S.R. 2006 No. 407
- f3
-
S.R. 2003 No. 28; paragraph 12 was amended by regulation 5(4)(i) of S.R. 2006 No. 128 and paragraph 13 was amended by paragraph 11(4)(b) of Schedule 2 to S.R. 2006 No. 407