Regulation 2 InterpretationI1

In these Regulations—

• “the 1950 Act” means the Employment and Training Act (Northern Ireland) 1950^f1;

• F1“the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015;

• “the Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• “the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;

• “the Children Order” means the Children (Northern Ireland) Order 1995^f2;

• F2“the Electronic Communications Act” means the Electronic Communications Act (Northern Ireland) 2001;

• “the Employment Rights Order” means the Employment Rights (Northern Ireland) Order 1996^f3;

• “the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001^f4;

• “the Health and Personal Social Services Order” means the Health and Personal Social Services (Northern Ireland) Order 1972 ^f5;

• “the Immigration and Asylum Act” means the Immigration and Asylum Act 1999^f6;

• “the Jobseekers Order” means the Jobseekers (Northern Ireland) Order 1995^f7;

• “the Quality, Improvement and Regulation Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003^f8;

• “the Tax Credits Act” means the Tax Credits Act 2002^f9;

• “the Taxes Act” means the Income and Corporation Taxes Act 1988^f10;

• F3“the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007;

• “Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;

• “adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of Article 107A or 107B of the Employment Rights Order^f11;

• F4“adult disability payment” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;

• F5“amended determination” means a determination where the Executive is of the opinion that it has made an error (other than in the application of its professional judgement) in relation to a broad rental market area determination or a local housing allowance determination determined in accordance with regulation 3(2) of the Executive Determinations Regulations;

• “appropriate office” means an office of the Department dealing with state pension credit F6or employment and support allowance or an office which is normally open to the public for the receipt of claims for income support and jobseeker’s allowance;

• F7“approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;

• F8“armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;

• “assessment period” means such period as is prescribed in regulations 26 to 28 over which income falls to be calculated;

• “attendance allowance” means—

  1. (a)

     an attendance allowance under Part III of the Act;

  2. (b)

     an increase of disablement pension under section 104 or 105 of the Act;

  3. (c)

     F9...

  4. (d)

     ...

  5. (e)

     a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983^f12 or any analogous payment; or

  6. (f)

     any payment based on need for attendance which is paid as part of a war disablement pension;

• F10“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act);

• F11“the benefit Acts” means the Act, the Jobseekers Order, the Welfare Reform Act, the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, the Pensions Act (Northern Ireland) 2015 and Part 5 of the 2015 Order;

• “benefit week” means a period of 7 consecutive days commencing upon a Monday and ending on a Sunday;

• F12“broad rental market area” has the meaning specified in paragraph 4 of the Schedule to the Executive Determinations Regulations;

• “broad rental market area determination” means a determination made in accordance with regulation 3(1) of the Executive Determinations Regulations;

• F13“carer support payment” means F14the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;

• F15“the Caxton Foundation” means the charitable trust of that name established on 28^th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;

• “change of dwelling” means, for the purposes of regulation 14C, a change of dwelling occupied by a claimant as his home during the award where the dwelling to which the claimant has moved is one in respect of which the Executive may make a rent allowance;

• “child” means a person under the age of 16;

• F16“child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;

• F17“child disability payment” has the meaning given in regulation 2 of the DACYP Regulations;

• “child tax credit” means a child tax credit under section 8 of the Tax Credits Act;

• F18“child who cannot share a bedroom” means a child—

  1. (a)

     F19who is entitled to—

     1. (i)

        the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; or

     2. (ii)

        the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations; and

  2. (b)

     who the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with another child;

• “claim” means a claim for housing benefit;

• “claimant” means a person claiming housing benefit;

• “close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple;

• F20“coercive behaviour” means an act of assault, humiliation or intimidation or other abuse that is used to harm, punish or frighten the victim;

• “competent authority” means a person who is a competent authority within the meaning of the Trafficking Convention;

• “compulsory labour”, “forced labour”, “servitude” and “slavery” have the same meaning as in Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;

• F21...

• “concessionary payment” means a payment made under arrangements made by the Department with the consent of the Department of Finance and Personnel which is charged either to the Northern Ireland National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit F22under the benefit Acts or the Tax Credits Act are charged;

• “the Consequential Provisions Regulations” means the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006^f13;

• F23“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;

• F24“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

• F25“controlling behaviour” means an act designed to make a person subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance or escape or regulating their everyday behaviour;

• F26“converted employment and support allowance” means an employment and support allowance which is not income-related and to which a person is entitled as a result of a conversion decision within the meaning of the Employment and Support Allowance (Existing Awards) Regulations;

• F27“couple” means—

  1. (a)

     two people who are married to, or civil partners of, each other and are members of the same household, or

  2. (b)

     two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

• “course of study” has the meaning prescribed in regulation 50;

• F28“the DACYP Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021;

• “date of claim” means the date on which the claim is made, or treated as made, for the purposes of regulation 81;

• “the Decisions and Appeals Regulations” means the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001^f14;

• “designated office” means the office designated by the relevant authority for the receipt of claims to housing benefit—

  1. (a)

     by notice upon or with a form approved by it for the purpose of claiming housing benefit;

  2. (b)

     by reference upon or with such a form to some other document available from it and sent by electronic means or otherwise on application and without charge; or

  3. (c)

     by any combination of the provisions set out in paragraphs (a) and (b);

• “disability living allowance” means a disability living allowance under section 71 of the Act^f15;

• F29“domestic violence” means any incident, or pattern of incidents, of controlling behaviour, coercive behaviour, violence or abuse, including but not limited to—

  1. (a)

     psychological abuse;

  2. (b)

     physical abuse;

  3. (c)

     sexual abuse;

  4. (d)

     emotional abuse;

  5. (e)

     financial abuse,

  regardless of the gender or sexuality of the victim;

• “dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with—

  1. (a)

     any agricultural land adjoining that dwelling; and

  2. (b)

     any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;

• “earnings” has the meaning prescribed in regulation 32 or, as the case may be, 34;

• “the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

• F30“electronic communication” has the same meaning as in section 4(1) of the Electronic Communications Act;

• “eligible rates” is to be construed in accordance with regulation 12;

• F31“eligible rent” means, as the case may require, an eligible rent determined in accordance with—

  1. (a)

     regulation 13A F32, 13AA, 13B or 13C; or

  2. (b)

     regulations 13 (rent) and 14 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations in a case to which paragraph 4 of that Schedule applies;

• “employed earner” means a person who is gainfully employed in Northern Ireland or the Republic of Ireland either under a contract of service or in an office (including elective office) with general earnings and also includes a person who is in receipt of a payment which is payable under any statute of the Parliament of the United Kingdom extending solely to Great Britain and which corresponds to statutory sick pay or statutory maternity pay;

• F33“employment and support allowance” means an employment and support allowance within the meaning of Part 1 of the Welfare Reform Act;

• F34“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008;

• F35“the Employment and Support Allowance (Existing Awards) Regulations” means the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010;

• F36“equity-sharing lease” means a lease of land, the general effect of which is to provide—

  1. (a)

     that, in consideration for the granting of the lease, the lessee shall pay a capital sum, representing a part payment in respect of the cost of acquisition of the premises demised, and a rent; and

  2. (b)

     that the lessee may make additional part payments towards the said cost of acquisition and may exercise an option to purchase the whole or part of the lessor’s reversion in the premises demised;

• “the Executive” means the Northern Ireland Housing Executive;

• F37“the Executive Determinations Regulations” means the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008;

• F38“extended payment” means a payment of housing benefit payable pursuant to regulation 70;

• “extended payment period” means the period for which an extended payment is payable in accordance with regulation 70A or 71A;

• F39“extended payment (qualifying contributory benefits)” means a payment of housing benefit payable pursuant to regulation 71;

• “family” has the meaning assigned to it by section 133(1) of the Act;

• “the former Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987^f16;

• “the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;

• F40“Grenfell Tower payment” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;

• “a guaranteed income payment” means a payment made under article 14(1)(b) or 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005^f17;

• F41“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;

• “Health and Social Services Board” means a Board established under Article 16 of the Health and Personal Social Services Order;

• “HSS trust” means a Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991^f18, by which functions are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994^f19;

• F42“the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;

• “hostel” means a building—

  1. (a)

     in which there is provided for persons generally or for a class of persons, domestic accommodation, otherwise than in separate and self-contained premises, and either board or facilities for the preparation of food adequate to the needs of those persons, or both;

  2. (b)

     which is—

     1. (i)

        managed or owned by a registered housing association;

     2. (ii)

        operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or agency, the Executive or a Health and Social Services Board or HSS trust, or

     3. (iii)

        managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community; and

  3. (c)

     which is not—

     1. (i)

        a residential care home;

     2. (ii)

        a nursing home;

     3. (iii)

        an independent hospital, or

     4. (iv)

        an Abbeyfield Home;

• “housing association” has the meaning assigned to it by Article 3 of the Housing (Northern Ireland) Order 1992^f20;

• “an income-based jobseeker’s allowance” has the same meaning as it has in the Jobseekers Order by virtue of Article 3(4) of that Order^f21;

• F43“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;

• “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987^f22;

• “independent hospital” has the meaning assigned to it by Article 2(2) of the Quality, Improvement and Regulation Order;

• F44...

• F45...

• F46...

• F47...

• F48“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;

• F49“the Infected Blood Payment Scheme for Northern Ireland” means the scheme of that name administered by the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;

• “invalid carriage or other vehicle” means a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;

• F50“jobseeker’s allowance” means a jobseeker’s allowance within the meaning of Part II of the Jobseekers Order;

• “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996^f23;

• “a joint-claim jobseeker’s allowance” has the same meaning as it has in the Jobseekers Order by virtue of Article 3(4) of that Order^f24;

• F51“LGBT Financial Recognition Scheme payment” means a payment under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence;

• F52“limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act;

• “limited capability for work-related activity” has the meaning given in section 2(5) of the Welfare Reform Act;

• F53“linked person” means—

  1. (a)

     any member of the claimant’s family;

  2. (b)

     if the claimant is a member of a polygamous marriage, any partners of his and any child or young person for whom he or a partner is responsible and who is a member of the same household;

  3. (c)

     any relative of the claimant or his partner who occupies the same dwelling as the claimant, whether or not they reside with him, except for a relative who has a separate right of occupation of the dwelling which would enable them to continue to occupy it even if the claimant ceased his occupation of it;

• “local housing allowance” means an allowance determined in accordance with paragraph 2 of the Schedule to the Executive Determinations Regulations;

• F54“local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—

  1. (a)

     meeting, or helping to meet, an immediate short term need—

     1. (i)

        arising out of an exceptional event, or exceptional circumstances; and

     2. (ii)

        that requires to be met in order to avoid a risk to the well-being of an individual; or

  2. (b)

     enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—

     1. (i)

        in prison, hospital, a residential care establishment or other institution; or

     2. (ii)

        homeless or otherwise living an unsettled way of life;

• “the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;

• F55“the London Emergencies Trust” means the company of that name (number 09928465) incorporated on 23rd December 2015 and the registered charity of that name (number 1172307) established on 28th March 2017;

• “lone parent” means a person who has no partner and who is responsible for and a member of the same household as a child or young person;

• F56...

• “the Macfarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;

• “the Macfarlane (Special Payments) (No. 2) Trust” means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

• “the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

• F57“main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act F58or the claimant is a member of the work-related activity group, F59except in Part I of Schedule 4;

• “maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part IX of the Employment Rights Order^f25;

• “maximum rent” means the amount to which the eligible rent is restricted in a case where regulation14 applies;

• F60“maximum rent (LHA)” means the amount determined in accordance with regulation 14D;

• F61“member of a couple who cannot share a bedroom” means a member of a couple—

  1. (a)

     who is in receipt of—

     1. (i)

        attendance allowance F62...;

     2. (ia)

        F63pension age disability payment F64...;

     3. (ii)

        the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act;

     4. (iia)

        F65the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;

     5. (iib)

        F66the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

     6. (iii)

        the daily living component of personal independence payment in accordance with Article 83 of the 2015 Order; F67...

     7. (iiia)

        F68the daily living component of adult disability payment at the standard or enhanced rated in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or

     8. (iv)

        armed forces independence payment; and

  2. (b)

     whom the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with the other member of the couple;

• F69“member of the armed forces away on operations” means a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006) who is absent, while on operations, from the dwelling usually occupied as their home;

• F70“member of the work-related activity group” means a F71person who has or is treated as having limited capability for work under either—

  1. (a)

     Part 5 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 other than by virtue of regulation 30 of those regulations; or

  2. (b)

     Part 4 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 other than by virtue of regulation 26 of those regulations;

• F72“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;

• F73“miscarriage of justice compensation payment” means—

  1. (a)

     a payment made under section 133(1) of the Criminal Justice Act 1988; or

  2. (b)

     any other payment made by the Secretary of State, the Scottish Ministers or, in Northern Ireland, the Department of Justice, for the purpose of compensating a person—

     1. (i)

        for a miscarriage of justice in criminal proceedings, or

     2. (ii)

        for being wrongfully charged with a criminal offence;

• F74“Mother and Baby Scheme payment” means a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;

• F75...

• F76“the National Emergencies Trust” means the registered charity of that name (number 1182809) established on 28th March 2019;

• “net earnings” means such earnings as are calculated in accordance with regulation 33;

• “net profit” means such profit as is calculated in accordance with regulation 35;

• “non-dependant” has the meaning prescribed in regulation 3;

• “non-dependant deduction” means a deduction that is to be made under regulation 72;

• “nursing home” has the meaning it has for the purposes of the Quality, Improvement and Regulation Order by virtue of Article 11 of that Order;

• “occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;

• “ordinary clothing or footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities;

• “owner” means the person who, otherwise than as a mortgagee in possession, is for the time being entitled to dispose of the fee simple or leasehold interest of any rateable unit, whether or not with the consent of other joint owners;

• F77“parental bereavement leave” means leave under Article 112EA of the Employment Rights (Northern Ireland) Order 1996;

• “partner” means—

  1. (a)

     where a claimant is a member of a couple, the other member of that couple; or

  2. (b)

     where a claimant is polygamously married to 2 or more members of his household, any such member;

• F78“paternity leave” means a period of absence from work on F79... paternity leave by virtue of Article 112A or 112B of the Employment Rights Order F80...;

• “payment” includes part of a payment;

• F81“pension age disability payment” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024;

• “pension fund holder” means with respect to a personal pension scheme or F82an occupational pension scheme, the trustees, managers or scheme administrators, as the case may be, of the scheme F83... concerned;

• F84“person acting in an official capacity”, where it appears in the definition of “young individual”, means a health care professional, a police officer, a registered social worker, the victim’s employer or any public, voluntary, or charitable body which has had direct contact with the victim in connection with domestic violence;

• “person affected” shall be construed in accordance with regulation 3 of the Decisions and Appeals Regulations;

• “person on income support” means a person in receipt of income support;

• F85person who requires overnight care” means a person (“P”)—

  1. (a)

     who—

     1. (zi)

        F86is in receipt of armed forces independence payment;

     2. (i)

        is in receipt of attendance allowance;

     3. (ia)

        F87is in receipt of pension age disability payment;

     4. (ii)

        is in receipt of the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act F88; F89...

     5. (iiza)

        F90is in receipt of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;

     6. (iizb)

        F91is in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

     7. (iia)

        F92is in receipt of the daily living component of personal independence payment in accordance with Article 83 of the 2015 Order, F93...

     8. (iib)

        F94is in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or

     9. (iii)

        F95although not satisfying sub-paragraph (zi), (i) F96, (ia), (ii), (iiza) F97, (iizb), (iia) or (iib) has, or where P is a child, the claimant has provided, the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that P requires overnight care; and

  2. (b)

     whom the relevant authority is satisfied reasonably requires, and has in fact arranged, that one or more people who do not occupy as their home the dwelling to which the claim or award for housing benefit relates should—

     1. (i)

        be engaged in providing overnight care for P;

     2. (ii)

        regularly stay overnight at the dwelling for that purpose, and

     3. (iii)

        be provided with the use of a bedroom in that dwelling additional to those used by the persons who occupy the dwelling as their home,

     but, in a case where P is treated as occupying a dwelling which P does not actually occupy, sub-paragraphs (ii) and (iii) are to be treated as satisfied where the relevant authority is satisfied that the dwelling contains such an additional bedroom and that P did or will reasonably so require and so arrange at such time as P actually occupied or occupies the dwelling;

• F98“personal independence payment” means personal independence payment under Part 5 of the 2015 Order;

• F99“personal pension scheme” means—

  1. (a)

     a personal pension scheme as defined by section 1 of the Pension Schemes (Northern Ireland) Act 1993;

  2. (b)

     an annuity contract or trust scheme approved under section 620 or 621 of the Taxes Act or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004;

  3. (c)

     a personal pension scheme approved under Chapter IV of Part XIV of the Taxes Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;

• “policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

• “polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;

• F100“positive conclusive grounds determination relating to modern slavery” means a determination made by a competent authority that an individual is a victim of trafficking in human beings, slavery, servitude or forced or compulsory labour;

• “the Post Office” means Post Office Limited (registered number 02154540);

• “Post Office compensation payment” means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

  1. (a)

     in connection with the failings of the Horizon system, or

  2. (b)

     otherwise payable following the judgment in Bates and Others v Post Office Limited ((No. 3) “Common Issues”)

• F101“public authority has the meaning given in section 75(3) of the Northern Ireland Act 1998;

• F102...

• “the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act (Northern Ireland) 2002^f26)—

  1. (a)

     in the case of a woman, pensionable age; or

  2. (b)

     in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;

• F103“qualifying contributory benefit” means—

  1. (a)

     severe disablement allowance;

  2. (b)

     incapacity benefit;

  3. (c)

     F104contributory employment and support allowance;

• “qualifying income-related benefit” means—

  1. (a)

     income support;

  2. (b)

     income-based jobseeker’s allowance;

  3. (c)

     F105income-related employment and support allowance;

• F106“qualifying parent or carer” means a person who has a bedroom in the dwelling they occupy as their home additional to those used by the persons who occupy the dwelling as their home and who—

  1. (a)

     has a child or qualifying young person placed with them as mentioned in regulation 19(3) who by virtue of that provision is not treated as occupying their dwelling; or

  2. (b)

     has been approved as a foster parent under regulation 3 of the Foster Placement (Children) Regulations (Northern Ireland) 1996 but does not have a child or qualifying young person placed with them and has not had a child or qualifying young person placed with them for a period which does not exceed 52 weeks;

• “qualifying person” means a person in respect of whom F107a Grenfell Tower payment F108, a child abuse payment F109, a Windrush payment, a Post Office compensation payment F110, a vaccine damage payment F111, an LGBT Financial Recognition Scheme payment F112, a Mother and Baby Scheme payment or a miscarriage of justice compensation payment has been made or payment has been made from the Fund, the Eileen Trust F113, MFET Limited, the Skipton Fund F114, the Caxton Foundation F115, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme F116, the London Emergencies Trust, the We Love Manchester Emergency Fund F117, the National Emergencies Trust F118, the Victims of Overseas Terrorism Compensation Scheme or the London Bombings Relief Charitable Fund;

• “rateable unit” means a hereditament as defined in Article 2(2) of the Rates (Northern Ireland) Order 1977;

• F119“reckonable rent” means payments which a person is liable to make in respect of the dwelling which he occupies as his home, and which are eligible, or would, but for regulation 14, be eligible for housing benefit;

• “registered housing association” means a housing association which is registered in a register maintained under Article 14 of the Housing (Northern Ireland) Order 1992;

• F120“registered social worker” means a person registered as a social worker in a register maintained by–

  1. (a)

     Social Work England;

  2. (b)

     Social Care Wales;

  3. (c)

     The Scottish Social Services Council; or

  4. (d)

     the Northern Ireland Social Care Council;

• “relative” means a close relative, grandparent, grandchild, uncle, aunt, nephew or niece F121except where it appears within the definition of “young individual” and within Regulation A14 where it has the meaning given by Article 2(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998;

• “relevant authority” means an authority administering housing benefit;

• F122“relevant information” means information or evidence forwarded to the relevant authority by an appropriate office regarding a claim on which rent allowance may be awarded, which completes the transfer of all information or evidence held by the appropriate office relating to that claim;

• “remunerative work” has the meaning prescribed in regulation 6;

• “rent” includes all those payments in respect of a dwelling specified in regulation 13(1);

• “residential care home” has the meaning it has for the purposes of the Quality, Improvement and Regulation Order by virtue of Article 10 of that Order;

• F123“Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

• F124“Scottish basic rate” means the rate of income tax of that name calculated in accordance with section 6A of the Income Tax Act 2007;

• F125“Scottish Infected Blood Support Scheme” means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978);

• “Scottish taxpayer” has the same meaning as in Chapter 2 of Part 4A of the Scotland Act 1998;

• F126...

• “self-employed earner” means a person who is gainfully employed in Northern Ireland or the Republic of Ireland otherwise than in employed earner’s employment (whether or not he is also employed in such employment);

• “self-employment route” means assistance in pursuing self-employed earner’s employment whilst participating in a programme provided or other arrangements made pursuant to section 1 of the 1950 Act (general functions of Department as to employment and training for employment);

• F127...

• F128“shared parental leave” means leave under Article 107E or 107G of the Employment Rights (Northern Ireland) Order 1996;

• “single claimant” means a claimant who neither has a partner nor is a lone parent;

• F129“single room rent” means the rent decided by the Executive under paragraph 5 of Schedule 2;

• “the Skipton Fund” means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;

• F130“special account” means an account as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker’s Allowance Regulations or Chapter 5 of Part 10 of the Employment and Support Allowance Regulations;

• “sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993^f27 out of sums allocated to it for distribution under that section;

• F131...

• “student” has the meaning prescribed in regulation 50;

• “tax year” means a period beginning with 6th April in one year and ending with 5th April in the next;

• F132“the Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16th May 2005)”;

• “trafficking in human beings” has the same meaning as in the Trafficking Convention;

• “training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—

  1. (a)

     out of public funds by a government department or by or on behalf of the Department for Employment and Learning^f28;

  2. (b)

     to a person for his maintenance or in respect of a member of his family; and

  3. (c)

     for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, a government department or approved by such department in relation to him or so provided or approved by or on behalf of the Department for Employment and Learning,

  but it does not include an allowance paid by any government department to, or in respect of, a person by reason of the fact that he is following a course of full-time education, other than under arrangements provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945^f29 or made under section 1(1) of the 1950 Act, or is training as a teacher;

• F133“universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;

• “vaccine damage payment” means a payment under the Vaccine Damage Payments Act 1979;

• F134“the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;

• “voluntary organisation” means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or by individual members of the association;

• F135“war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003;

• “war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension;

• “war widow’s pension” means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;

• “war widower’s pension” means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;

• F136“water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home;

• F137“the We Love Manchester Emergency Fund” means the registered charity of that name (number 1173260) established on 30th May 2017;

• “Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;

• “working tax credit” means a working tax credit under section 10 of the Tax Credits Act;

• “the Working Tax Credit Regulations” means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002^f30;

• “young individual” means a single claimant who has not attained the age of F13835 years, but does not include such a claimant—

  1. (a)

     whose landlord is a registered housing association;

  2. (b)

     who has not attained the age of F13925 years and has ceased to be the subject of a care order made pursuant to Article 50(1)(a) of the Children Order which had previously been made in respect to him either—

     1. (i)

        after he attained the age of 16 years, or

     2. (ii)

        before he attained the age of 16 years, but had continued after he attained that age; F140...

  3. (c)

     who has not attained the age of F14125 years and was formerly provided with accommodation under Article 21 of the Children Order; F142F143...

  4. (d)

     who is a person who requires overnight care; F144F145...

  5. (e)

     F146who has attained the age of 16 years and to whom paragraph (1A) applies;

  6. (ea)

     F147who has attained the age of 25 years and to whom paragraph (1C) applies; F148or

  7. (f)

     who is a qualifying parent or carer;

  8. (g)

     F149who—

     1. (i)

        after attaining the age of 16 had domestic violence inflicted upon or threatened against them (“the victim”) by their partner or former partner, or by a relative; and

     2. (ii)

        provides evidence to the relevant authority from a person acting in an official capacity that demonstrates that—

        1. (aa)

           the victim’s circumstances are consistent with their having had domestic violence inflicted upon or threatened against them; and

        2. (bb)

           the victim has contacted a person acting in an official capacity in relation to such an incident;

  9. (h)

     who has been the subject of a positive conclusive grounds determination relating to modern slavery;

• “young person” has the meaning prescribed in regulation 17(1).

This paragraph applies to a claimant if—

For the purposes of determining whether a claimant meets the condition in paragraph (1A)(a), “hostel for homeless people” means a hostel, as defined in paragraph (1), the main purpose of which is to provide accommodation together with care, support or supervision for homeless people with a view to assisting such persons to be rehabilitated or resettled within the community.

This paragraph applies to a claimant if he is the subject of risk management pursuant to arrangements established under Part 3 of the Criminal Justice (Northern Ireland) Order 2008 (risk assessment and management).

References in these Regulations to a person who is liable to make payments shall include references to a person who is treated as so liable under regulation 8.

For the purposes of these Regulations, a person is on an income-based jobseeker’s allowance on any day in respect of which an income-based jobseeker’s allowance is payable to him and on any day—

For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day—

For the purposes of these Regulations, a person (“P”) is on universal credit on any day in respect of which P is entitled to universal credit (whether it is in payment or not).

For the purposes of these Regulations, the following shall be treated as included in a dwelling—

References in these Regulations to a claimant participating as a service user are to—

Subject to paragraphs (6) and (7), the Interpretation Act (Northern Ireland) 1954^f32 shall apply to these Regulations as it applies to an Act of the Assembly.

For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.

Without prejudice to any other method of service authorised under section 24 of the Interpretation Act (Northern Ireland) 1954, the requirement to send any document under these Regulations may be met by sending it by ordinary post.

For the purposes of these Regulations, reference to a member of a couple who can share a bedroom is to a member of a couple where the other member of the couple is a member of a couple who cannot share a bedroom.