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The Income Support (General) Regulations (Northern Ireland) 1987

S.R. 1987/459 · Made 21 December 1987

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SOCIAL SECURITY

Made 21st December 1987

Coming into operation 11th April 1988

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by Articles 21(1), (3)(d), (4), (9), (11) and (12), 23(1), (4) and (5) to (9), 24(1), (3) and (5) and 52(1)(m) of the Social Security (Northern Ireland) Order 1986f1 and section 114 of the Social Security (Northern Ireland) Act 1975f2 and of all other powers enabling it in that behalf, hereby makes the following regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1986/1888 (N.I. 18); Article 81(1) provides for section 155(1) to (3A) of the Social Security (Northern Ireland) Act 1975 (c. 15) (extent of powers) to apply to the regulation — making powers conferred by this Order; the said section 155(3A) was inserted by Article 63(1)

f2

1975 c. 15; section 114 is applied by Article 53(3) of the Social Security (Northern Ireland) Order 1986

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Definition of non-dependant
  4. Part II: CONDITIONS OF ENTITLEMENT
  5. 4Temporary absence from Northern Ireland
  6. 5Persons treated as engaged in remunerative work
  7. 6Persons not treated as engaged in remunerative work
  8. 7Meaning of employment
  9. 8Persons not required to be available for employment
  10. 9Persons treated as available for employment
  11. 10Circumstances in which claimants are not to be treated as available for employment
  12. 11Registration for employment
  13. 12Relevant education
  14. 13Circumstances in which persons in relevant education are to be entitled to income support
  15. Part III: MEMBERSHIP OF THE FAMILY
  16. 14Persons of a prescribed description
  17. 15Circumstances in which a person is to be treated as responsible or not responsible for another
  18. 16Circumstances in which a person is to be treated as being or not being a member of the household
  19. Part IV: APPLICABLE AMOUNTS
  20. 17Applicable amounts
  21. 18Polygamous marriages
  22. 19Persons in homes for persons in need and nursing homes
  23. 20Persons in board and lodging accommodation and hostels
  24. 21Special cases
  25. 22Reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification
  26. Part V: INCOME AND CAPITAL
  27. Chapter I: GENERAL
  28. 23Calculation of income and capital of members of claimant's family and of a polygamous marriage
  29. 24Treatment of charitable or voluntary payments
  30. 25Liable relative payments
  31. 26Calculation of income and capital of students
  32. 27Disregard of fractions
  33. Chapter II: INCOME
  34. 28Calculation of income
  35. 29Calculation of earnings derived from employed earner's employment and income other than earnings
  36. 30Calculation of earnings of self-employed earners
  37. 31Date on which income is treated as paid
  38. 32Calculation of weekly amount of income
  39. 33Weekly amount of charitable or voluntary payment
  40. 34Incomplete weeks of benefit
  41. Chapter III: EMPLOYED EARNERS
  42. 35Earnings of employed earners
  43. 36Calculation of net earnings of employed earners
  44. Chapter IV: SELF-EMPLOYED EARNERS
  45. 37Earnings of self-employed earner
  46. 38Calculation of net profit of self-employed earners
  47. 39Deduction of tax and contributions for self-employed earners
  48. Chapter V: OTHER INCOME
  49. 40Calculation of income other than earnings
  50. 41Capital treated as income
  51. 42Notional income
  52. 43Notional earnings of seasonal workers
  53. 44Modifications in respect of children and young persons
  54. Chapter VI: CAPITAL
  55. 45Capital limit
  56. 46Calculation of capital
  57. 47Disregard of capital of child or young person
  58. 48Income treated as capital
  59. 49Calculation of capital in the United Kingdom
  60. 50Calculation of capital outside the United Kingdom
  61. 51Notional capital
  62. 52Capital jointly held
  63. 53Calculation of tariff income from capital
  64. Chapter VII: LIABLE RELATIVES
  65. 54Interpretation
  66. 55Treatment of liable relative payments
  67. 56Period over which periodical payments are to be taken into account
  68. 57Period over which payments other than periodical payments are to be taken into account
  69. 58Calculation of the weekly amount of a liable relative payment
  70. 59Date on which a liable relative payment is to be treated as paid
  71. 60Liable relative payments to be treated as capital
  72. Chapter VIII: STUDENTS
  73. 61Interpretation
  74. 62Calculation of grant income
  75. 63Calculation of covenant income where a contribution is assessed
  76. 64Calculation of covenant income where no grant income or no contribution is assessed
  77. 65Relationship with amounts to be disregarded under Schedule 9
  78. 66Other amounts to be disregarded
  79. 67Disregard of contribution
  80. 68Income treated as capital
  81. 69Disregard of changes occurring during summer vacation
  82. Part VI: URGENT CASES
  83. 70Urgent cases
  84. 71Applicable amounts in urgent cases
  85. 72Assessment of income and capital in urgent cases
  86. Signature
  87. Schedule 1: Persons not required to be available for Employment
  88. 1Lone parents
  89. 2Single persons looking after foster children
  90. 3Persons temporarily looking after another person
  91. 4Persons caring for another person
  92. 5Persons incapable of work
  93. 6Disabled workers
  94. 7Disabled students
  95. 8Blind persons
  96. 9Pregnancy
  97. 10Persons in education
  98. 11Training allowances
  99. 12Open University students
  100. 13Persons within 10 years of pensionable age
  101. 14Persons aged 60
  102. 15Allowances under the Job Release Act 1977
  103. 16Refugees
  104. 17Persons required to attend court
  105. 18Discharged prisoners
  106. 19Persons affected by a trade dispute
  107. 20Persons from abroad
  108. 21Persons in custody
  109. Schedule 2: Applicable Amounts
  110. Part I: PERSONAL ALLOWANCES
  111. 1Paragraph 1
  112. 2Paragraph 2
  113. Part II: FAMILY PREMIUM
  114. 3Paragraph 3
  115. Part III: PREMIUMS
  116. 4Paragraph 4
  117. 5Paragraph 5
  118. 6Paragraph 6
  119. 7Paragraph 7
  120. 8Lone Parent Premium
  121. 9Pensioner Premium
  122. 10Higher Pensioner Premium
  123. 11Disability Premium
  124. 12Additional condition for the Higher Pensioner and Disability Premiums
  125. 13Severe Disability Premium
  126. 14Disabled Child Premium
  127. IVWEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III
  128. Part V: ROUNDING OF FRACTIONS
  129. 16Paragraph 16
  130. Schedule 3: Housing Costs
  131. 1Eligible Housing Costs
  132. 2Basic condition of entitlement to housing costs
  133. 3Circumstances in which a person is treated as responsible for housing costs
  134. 4Circumstances in which a person is or is not to be treated as occupying a dwelling as his home
  135. 5Circumstances in which no amount of housing costs may be met
  136. 6Apportionment of housing costs
  137. 7Interest on loans to acquire an interest in the dwelling occupied as the home
  138. 8Interest on loans for repairs and improvements to the dwelling occupied as the home
  139. 9Other housing costs
  140. 10Restriction on meeting housing costs under this Schedule
  141. 11Non-dependant deductions
  142. 12Rounding of fractions
  143. Schedule 4
  144. Part I: APPLICABLE AMOUNTS OF PERSONS IN HOMES FOR PERSONS IN NEED AND NURSING HOMES
  145. 1Paragraph 1
  146. 2Paragraph 2
  147. 3Paragraph 3
  148. 4Paragraph 4
  149. 5Paragraph 5
  150. 6Homes for persons in need
  151. 7Nursing Homes
  152. 8Nursing Homes
  153. 9Nursing Homes
  154. 10Nursing Homes
  155. 11Circumstances in which the maximum is not to apply
  156. 12Personal allowances
  157. Part II: PERSONS TO WHOM REGULATION 19 DOES NOT APPLY
  158. 13Paragraph 13
  159. 14Paragraph 14
  160. 15Paragraph 15
  161. 16Paragraph 16
  162. Schedule 5
  163. Part I: APPLICABLE AMOUNTS OF PERSONS IN BOARD AND LODGING ACCOMMODATION OR HOSTELS
  164. 1Paragraph 1
  165. 2Paragraph 2
  166. 3Paragraph 3
  167. 4Paragraph 4
  168. 5Paragraph 5
  169. 6Paragraph 6
  170. 7Paragraph 7
  171. 8Paragraph 8
  172. 9Paragraph 9
  173. 10Paragraph 10
  174. 11Paragraph 11
  175. Part II: PERSONS TO WHOM REGULATION 20 AND PART I ARE NOT TO APPLY
  176. 12Paragraph 12
  177. 13Paragraph 13
  178. 14Paragraph 14
  179. 15Paragraph 15
  180. 16Paragraph 16
  181. 17Paragraph 17
  182. 18Paragraph 18
  183. Schedule 6Board and Lodging Areas, Maximum Amounts and Initial Periods
  184. Schedule 7Applicable Amounts in Special Cases
  185. 18Rounding of fractions
  186. Schedule 8: Sums to be disregarded in the Calculation of Earnings
  187. 1Paragraph 1
  188. 2Paragraph 2
  189. 3Paragraph 3
  190. 4Paragraph 4
  191. 5Paragraph 5
  192. 6Paragraph 6
  193. 7Paragraph 7
  194. 8Paragraph 8
  195. 9Paragraph 9
  196. 10Paragraph 10
  197. 11Paragraph 11
  198. 12Paragraph 12
  199. 13Paragraph 13
  200. 14Paragraph 14
  201. 15Paragraph 15
  202. 16Paragraph 16
  203. Schedule 9: Sums to be disregarded in the Calculation of Income other than Earnings
  204. 1Paragraph 1
  205. 2Paragraph 2
  206. 3Paragraph 3
  207. 4Paragraph 4
  208. 5Paragraph 5
  209. 6Paragraph 6
  210. 7Paragraph 7
  211. 8Paragraph 8
  212. 9Paragraph 9
  213. 10Paragraph 10
  214. 11Paragraph 11
  215. 12Paragraph 12
  216. 13Paragraph 13
  217. 14Paragraph 14
  218. 15Paragraph 15
  219. 16Paragraph 16
  220. 17Paragraph 17
  221. 18Paragraph 18
  222. 19Paragraph 19
  223. 20Paragraph 20
  224. 21Paragraph 21
  225. 22Paragraph 22
  226. 23Paragraph 23
  227. 24Paragraph 24
  228. 25Paragraph 25
  229. 26Paragraph 26
  230. 27Paragraph 27
  231. 28Paragraph 28
  232. 29Paragraph 29
  233. 30Paragraph 30
  234. 31Paragraph 31
  235. 32Paragraph 32
  236. 33Paragraph 33
  237. 34Paragraph 34
  238. 35Paragraph 35
  239. 36Paragraph 36
  240. 37Paragraph 37
  241. Schedule 10: Capital to be Disregarded
  242. 1Paragraph 1
  243. 2Paragraph 2
  244. 3Paragraph 3
  245. 4Paragraph 4
  246. 5Paragraph 5
  247. 6Paragraph 6
  248. 7Paragraph 7
  249. 8Paragraph 8
  250. 9Paragraph 9
  251. 10Paragraph 10
  252. 11Paragraph 11
  253. 12Paragraph 12
  254. 13Paragraph 13
  255. 14Paragraph 14
  256. 15Paragraph 15
  257. 16Paragraph 16
  258. 17Paragraph 17
  259. 18Paragraph 18
  260. 19Paragraph 19
  261. 20Paragraph 20
  262. 21Paragraph 21
  263. Explanatory note