Regulation 24 Calculation of income on a weekly basisI1

Northern Ireland

(1)

Subject to regulations 31, 78 and 79 for the purposes of section 129(1)(c) of the Act (conditions of entitlement to housing benefit) the income of a claimant shall be calculated on a weekly basis—

(a)

by estimating the amount which is likely to be his average weekly income in accordance with this Section and Sections 3 to 5 of this Part and Sections 1 and 3 of Part VII;

(b)

by adding to that amount the weekly income calculated under regulation 49; and

(c)

by then deducting any relevant child care charges to which regulation 25 applies from any earnings which form part of the average weekly income or, in a case where the conditions in paragraph (2) are met, from those earnings plus whichever credit specified in sub-paragraph (b) of that paragraph is appropriate, up to a maximum deduction in respect of the claimant’s family of whichever of the sums specified in paragraph (3) applies in his case.

(2)

The conditions of this paragraph are that—

(a)

the claimant’s earnings which form part of his average weekly income are less than the lower of either his relevant child care charges or whichever of the deductions specified in paragraph (3) otherwise applies in his case; and

(b)

that claimant or, if he is a member of a couple either the claimant or his partner, is in receipt of either working tax credit or child tax credit.

C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28(3)

The maximum deduction to which paragraph (1)(c) refers shall be—

(a)

where the claimant’s family includes only one child in respect of whom relevant child care charges are paid, £175.00 per week;

(b)

where the claimant’s family includes more than one child in respect of whom relevant child care charges are paid, £300 per week.

(4)

For the purposes of paragraph (1) “income” includes capital treated as income under regulation 38 and income which a claimant is treated as possessing under regulation 39.

Annotations

Modifications

C1: Reg. 24(3): sums confirmed (1.4.2007 in so far as not already in operation, 2.4.2007 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (S.R. 2007/153), arts. 1(1)(j), 19(2)
C2: Reg. 24(3): sums confirmed (1.4.2008 for specified purposes, 7.4.2008 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 19(2)
C3: Reg. 24(3): sums confirmed (1.4.2009 for specified purposes, 6.4.2009 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2009 (S.R. 2009/89), arts. 1(1)(i), 19(2)
C4: Reg. 24(3): sums confirmed (1.4.2010 in so far as not already in operation, 5.4.2010 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (S.R. 2010/118), arts. 1(1)(j), 19(2)
C5: Reg. 24(3): sums confirmed (1.4.2011 for specified purposes, 4.4.2011 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2011 (S.R. 2011/119), arts. 1(1)(j), 20(2)
C6: Reg. 24(3): sums confirmed (1.4.2012 for specified purposes, 2.4.2012 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2012 (S.R. 2012/116), arts. 1(1)(j), 20(2)
C7: Reg. 24(3): sums confirmed (1.4.2013) by The Social Security Benefits Up-rating Order (Northern Ireland) 2013 (S.R. 2013/69), arts. 1(1)(a), 19(2)
C8: Reg. 24(3): sums confirmed (1.4.2014 for specified purposes, 7.4.2014 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2014 (S.R. 2014/78), arts. 1(1)(i), 19(2)
C9: Reg. 24(3): sums confirmed (1.4.2015 for specified purposes, 6.4.2015 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (S.R. 2015/124), arts. 1(1)(i), 19(2)
C10: Reg. 24(3): sums confirmed (1.4.2017 for specified purposes, 3.4.2017 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2017 (S.R. 2017/56), arts. 1(1)(j), 22(3)
C11: Reg. 24(3): sums confirmed (25.9.2017) by The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2017 (S.R. 2017/187), arts. 1, 21(3), 28
C12: Reg. 24(3): sums confirmed (24.3.2018) by The Social Security (2017 Benefits Up-rating) Order (Northern Ireland) 2018 (S.R. 2018/56), arts. 1, 21(3), 28
C13: Reg. 24(3): sum confirmed (1.4.2018 in so far as not already in operation, 2.4.2018 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2018 (S.R. 2018/58), arts. 1(1)(h), 23(2)
C14: Reg. 24(3): sums confirmed (29.9.2018) by The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2018 (S.R. 2018/167), arts. 1, 22(2), 29
C15: Reg. 24(3): sums confirmed (26.3.2019) by The Social Security (2018 Benefits Up-rating) Order (Northern Ireland) 2019 (S.R. 2019/46), arts. 1, 22(2), 29
C16: Reg. 24(3): sums confirmed (1.4.2019) by The Social Security Benefits Up-rating Order (Northern Ireland) 2019 (S.R. 2019/58), arts. 1(1)(a), 23(2)
C17: Reg. 24(3): sums confirmed (27.9.2019) by The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2019 (S.R. 2019/188), arts. 1, 22(2), 29
C18: Reg. 24(3): sums confirmed (1.4.2020 for specified purposes, 6.4.2020 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2020 (S.R. 2020/40), arts. 1(1)(i), 24(2)
C19: Reg. 24(3): sums confirmed (1.4.2021 for specified purposes, 5.4.2021 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2021 (S.R. 2021/82), arts. 1(1)(j), 24(2)
C20: Reg. 24(3): sums confirmed (1.4.2022 for specified purposes, 4.4.2022 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2022 (S.R. 2022/143), arts. 1(1)(j), 24(2)
C21: Reg. 24(3): sums confirmed (28.9.2022) by The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2022 (S.R. 2022/231), arts. 1, 23(2), 33
C22: Reg. 24(3): sums confirmed (27.3.2023) by The Social Security (2022 Benefits Up-rating) Order (Northern Ireland) 2023 (S.R. 2023/27), arts. 1, 23(2), 33
C23: Reg. 24(3): sums confirmed (1.4.2023 for specified purposes, 3.4.2023 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2023 (S.R. 2023/43), arts. 1(1)(j), 24(2)
C24: Reg. 24(3): sums confirmed (26.9.2023) by The Social Security Benefits Up-rating (No. 3) Order (Northern Ireland) 2023 (S.R. 2023/150), arts. 1, 23(2), 33
C25: Reg. 24(3): sums confirmed (22.3.2024) by The Social Security (2023 Benefits Up-rating) Order (Northern Ireland) 2024 (S.R. 2024/69), arts. 1, 22(2), 32
C26: Reg. 24(3): sums confirmed (1.4.2024) by The Social Security Benefits Up-rating Order (Northern Ireland) 2024 (S.R. 2024/73), arts. 1(1)(a), 23(2)
C27: Reg. 24(3): sums confirmed (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(2)
C28: Reg. 24(3): sums confirmed (1.4.2026 for specified purposes, 6.4.2026 in operation so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2026 (S.R. 2026/59), arts. 1(1)(h), 23(2)

Commencement

I1: Reg. 24 in operation at 20.11.2006, see reg. 1(1)

Notes on Part VI

Modifications

C1: Pt. VI applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 19(1)