Paragraph 1 I1

Northern Ireland

In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Northern Ireland, would have been so engaged—

(a)

where—

(i)

the employment has been terminated because of retirement, and

(ii)

on retirement he is entitled to a retirement pension under the Act, or is not so entitled solely because of his failure to satisfy the contribution conditions,

any earnings F1paid or due to be paid in respect of that employment, but only for a period commencing on the day immediately after the date on which the employment was terminated;

F2(aa)

where—

(i)

the employment has been terminated because of retirement; and

(ii)

on retirement he is entitled to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015, or is not so entitled solely because he does not have the minimum number of qualifying years,

any earnings paid or due to be paid in respect of that employment, but only for a period commencing on the day immediately after the date the employment was terminated;

F3(b)

where before the first day of entitlement to housing benefit the employment has been terminated otherwise than because of retirement, any earnings paid or due to be paid in respect of that employment except—

(F4i)

any payment of the nature described in—

(aa)

regulation 32(1)(e), or

(bb)

Article 60, 96 or 100 of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments, suspension from work on medical or maternity grounds); and

(ii)

any award, sum or payment of the nature described in—

(aa)

regulation 32(1)(g), (h), or (j) (in so far as it relates to regulation 32(1)(g) or (h)), or

(bb)

Article 66 or 102 of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments and suspension from work: complaints to industrial tribunals),

including any payment made following the settlement of a complaint to an industrial tribunal or of court proceedings;

(c)

where before the first day of entitlement to housing benefit—

(i)

the employment had not been terminated, but

(ii)

the claimant is not engaged in remunerative work,

any earnings paid or due to be paid in respect of that employment except any payment or remuneration of the nature described in F5paragraph 1(b)(i) or (ii)(bb) or regulation 32(1)(i) or (j) in so far as it relates to regulation 32(1)(i)) or (k).

Annotations

Textual amendments

F1: Words in Sch. 5 para. 1(a) inserted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 9(11)(a)(i)
F2: Sch. 5 para. 1(aa) 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), 23(5)
F3: Sch. 5 para. 1(b)(c) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 9(11)(a)(ii)
F4: Sch. 5 para. 1(b)(i) substituted (2.11.2009) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009 (S.R. 2009/338), regs. 1(3), 6(5)(a)
F5: Words in Sch. 5 para. 1(c) substituted (2.11.2009) by virtue of The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009 (S.R. 2009/338), regs. 1(3), 6(5)(b)

Commencement

I1: Sch. 5 para. 1 in operation at 20.11.2006, see reg. 1(1)

Notes on Schedule 5

Modifications

C1: Sch. 5 applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 19(2)