# The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006, Paragraph 3: Persons incapable of work

Extent: N.I.

(1) Where the higher pensioner premium was applicable to a claimant on, or at any time during the 56 days immediately preceding, 12th April 1995 by virtue of paragraph 12(1)(a)(ii) of Schedule 2 to the former Regulations, as in operation on that date, paragraph 13 of Schedule 4 to the Housing Benefit Regulations shall, in so far as it applies to those claimants, apply subject to the amendments specified in sub-paragraph (2).
(2) The amendments specified in this sub-paragraph are—
(a) in sub-paragraph (1)(a)(i) for “long-term incapacity benefit” substitute “an invalidity pension” and for “in the case of long-term incapacity benefit” substitute “in the case of invalidity pension”;
(b) in sub-paragraph (1)(a)(ii) for “long-term incapacity benefit” substitute “invalidity pension”;
(c) in sub-paragraph (1) for head (b) substitute—
“(b) the circumstances of the claimant fall, and have fallen, in respect of a continuous period of not less than 28 weeks, within sub-paragraph (6) or, if he was in Great Britain for the whole or part of that period, within one or more comparable Great Britain provisions.”;
(d) in sub-paragraph (3) for “or to be incapable of work” substitute “for the purposes of the provisions specified in that provision”; and
(e) for sub-paragraphs (6) and (7) substitute—
“(6) For the purposes of sub-paragraph (1)(b) the circumstances of a claimant fall within this sub-paragraph if—
(a) he provides evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976 (evidence of incapacity for work) in support of a claim for sickness benefit, invalidity pension or severe disablement allowance within the meaning of sections 14, 15 or 36 of the Act, provided that an adjudication officer has not determined he is not incapable of work; or
(b) he is in receipt of statutory sick pay within the meaning of Part XI of the Act.”.

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Source: https://www.legislation.gov.uk/nisr/2006/407/schedule/3/paragraph/3 (the official version)
Page: https://openlegislation.uk/housing-benefit-consequential-provisions-regulations-northern-ireland-2006/schedule-3/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.