{
  "url": "https://openlegislation.uk/income-support-general-regulations-northern-ireland-1987/regulation-42",
  "json_url": "https://openlegislation.uk/income-support-general-regulations-northern-ireland-1987/regulation-42.json",
  "legislation": "nisr/1987/459",
  "legislation_title": "The Income Support (General) Regulations (Northern Ireland) 1987",
  "legislation_url": "https://openlegislation.uk/income-support-general-regulations-northern-ireland-1987",
  "path": "regulation/42",
  "kind": "regulation",
  "number": "42",
  "heading": "Notional income",
  "text": "(1) A claimant shall be treated as possessing income of which he has deprived himself for the purpose of securing entitlement to income support or increasing the amount of that benefit.\n(2) Except in the case of—\n(a) a discretionary trust;\n(b) a trust derived from a payment made in consequence of a personal injury;\n(c) unemployment benefit under the principal Act which may be payable to a claimant who is not required to be available for employment; or\n(d) an increase of child benefit payable to a claimant under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976 (rates of child benefit),\nincome which would become available to the claimant upon application being made but which has not been acquired by him shall be treated as possessed by him but only from the date on which it would be so acquired.\n(3) Except in the case of a discretionary trust, or a trust derived from a payment made in consequence of a personal injury, any income which is due to be paid to the claimant but—\n(a) has not been paid to him;\n(b) is not a payment prescribed in regulation 9 or 10 of the Social Security (Payments on account, Overpayment and Recovery) Regulations (Northern Ireland) 1987 (duplication and prescribed payments or maintenance payments) and not made on or before the date prescribed in relation to it,\nshall be treated as possessed by the claimant.\n(4) Any payment of income made—\n(a) to a third party in respect of a member of the family (but not a member of the third party's family) shall be treated—\n(i) in a case where that payment is derived from a payment of any benefit under the benefit Acts, a war disablement pension or war widow's pension, as possessed by that member if it is paid to any member of that family,\n(ii) in any other case, as possessed by that member to the extent that it is used for the food, clothing, footwear, fuel, rent or rates for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 17(e) or 18(f) (housing costs), of any member of that family;\n(b) to a member of the family in respect of a third party (but not in respect of another member of that family) shall be treated as possessed by that member to the extent that it is kept by him or used by or on behalf of any member of the family,\nbut, except where sub-paragraph (a)(i) applies and in the case of a person to whom Article 24 of the Order (trade disputes) applies, this paragraph shall not apply to any payment in kind.\n(5) Where a claimant's earnings are not ascertainable at the time of the determination of the claim or of any subsequent review the adjudication officer shall treat the claimant as possessing such earnings as is reasonable in the circumstances of the case having regard to the number of hours worked and the earnings paid for comparable employment in the area.\n(6) Where—\n(a) a claimant performs a service for another person; and\n(b) that person makes no payment of earnings or pays less than that paid for a comparable employment in the area,\nthe adjudication officer shall treat the claimant as possessing such earnings (if any) as is reasonable for that employment unless the claimant satisfies him that the means of that person are insufficient for him to pay or to pay more for the service; but this paragraph shall not apply to a claimant who is engaged by a charitable or voluntary body or is a volunteer if the adjudication officer is satisfied that it is reasonable for him to provide his services free of charge.\n(7) Where a claimant is treated as possessing any income under any of paragraphs (1) to (4) the foregoing provisions of this Part shall apply for the purposes of calculating the amount of that income as if a payment had actually been made and as if it were actual income which he does possess.\n(8) Where a claimant is treated as possessing any earnings under paragraph (5) or (6) the foregoing provisions of this Part shall apply for the purposes of calculating the amount of those earnings as if a payment had actually been made and is if they were actual earnings which he does possess except that regulation 36(3) (calculation of net earnings of employed earners) shall not apply and his net earnings shall be calculated by taking into account the earnings which he is treated as possessing, less—\n(a) an amount in respect of income tax equivalent to an amount calculated by applying to those earnings the basic rate of tax in the year of assessment less only the personal relief to which the claimant is entitled under sections 8(1) and (2) and 14(1)(a) and (2) of the Income and Corporation Taxes Act 1970 (personal relief) as is appropriate to his circumstances; but, if the period over which those earnings are to be taken into account is less than a year, the amount of the personal relief deductible under this sub-paragraph shall be calculated on a pro rata basis;\n(b) an amount in respect of primary Class 1 contributions in respect of those earnings; and\n(c) one half of any sum payable by the claimant by way of a contribution towards an occupational or personal pension scheme.\n(9) Where the claimant is an employed earner in the Republic of Ireland the amounts to be deducted for income tax and primary Class 1 contributions under this regulation shall be such amounts as, in the opinion of the adjudication officer, would have been deducted had the claimant been employed in Northern Ireland.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.R. 1976 No. 223; the relevant amending rules are S.R. 1980 No. 37 and S.R. 1987 No. 458"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.R. 1987 No. 122"
    }
  ],
  "outstanding_effects": [
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      "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023"
    },
    {
      "type": "word omitted",
      "affecting": "nisr/2022/230",
      "affecting_title": "The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022"
    },
    {
      "type": "word added",
      "affecting": "nisr/2022/230",
      "affecting_title": "The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022"
    },
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      "type": "added",
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      "affecting_title": "The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022"
    },
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      "type": "words inserted",
      "affecting": "nisr/2016/147",
      "affecting_title": "The Social Security (Scottish Rate of Income Tax etc.) (Amendment) Regulations (Northern Ireland) 2016"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2016/147",
      "affecting_title": "The Social Security (Scottish Rate of Income Tax etc.) (Amendment) Regulations (Northern Ireland) 2016"
    },
    {
      "type": "words inserted",
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      "affecting_title": "The Social Security (Scottish Rate of Income Tax etc.) (Amendment) Regulations (Northern Ireland) 2016"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2016/147",
      "affecting_title": "The Social Security (Scottish Rate of Income Tax etc.) (Amendment) Regulations (Northern Ireland) 2016"
    },
    {
      "type": "substituted for reg. 42(4ZB)(c)(d)",
      "affecting": "nisr/2025/24",
      "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025"
    },
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    },
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      "affecting_title": "The Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations (Northern Ireland) 2014"
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      "type": "words omitted",
      "affecting": "nisr/2009/92",
      "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009"
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      "affecting_title": "The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009"
    },
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      "type": "words substituted",
      "affecting": "nisr/2010/69",
      "affecting_title": "The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010"
    },
    {
      "type": "words inserted",
      "affecting": "nisr/2010/69",
      "affecting_title": "The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/1999/472",
      "affecting_title": "The Social Security (1998 Order) (Commencement No. 11 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999"
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      "type": "words substituted",
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      "affecting_title": "The Social Security (1998 Order) (Commencement No. 11 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999"
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      "affecting_title": "The Social Security (Amendment) (New Deal) Regulations (Northern Ireland) 1997"
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      "affecting_title": "The Social Security (Amendment) (New Deal) Regulations (Northern Ireland) 1997"
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      "affecting": "nisr/1996/288",
      "affecting_title": "The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1996"
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      "type": "inserted",
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      "affecting_title": "The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1996"
    },
    {
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      "affecting_title": "The Social Security (New Deal Pilot) Regulations (Northern Ireland) 2000"
    },
    {
      "type": "inserted",
      "affecting": "nisr/1998/326",
      "affecting_title": "The Social Security (Amendment) (New Deal No. 2) Regulations (Northern Ireland) 1998"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/1998/326",
      "affecting_title": "The Social Security (Amendment) (New Deal No. 2) Regulations (Northern Ireland) 1998"
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    {
      "type": "applied (with modifications) (temp.)",
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      "affecting_title": "The Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998"
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      "type": "words inserted",
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      "affecting_title": "The Income Support (General) (Amendment) Regulations (Northern Ireland) 1999"
    },
    {
      "type": "words omitted",
      "affecting": "nisr/1999/390",
      "affecting_title": "The Income Support (General) (Amendment) Regulations (Northern Ireland) 1999"
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      "affecting_title": "The Income Support (General) (Amendment) Regulations (Northern Ireland) 1999"
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      "type": "word substituted",
      "affecting": "nisr/1999/390",
      "affecting_title": "The Income Support (General) (Amendment) Regulations (Northern Ireland) 1999"
    },
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      "affecting_title": "The Social Security (Notional Income and Capital Amendment) Regulations (Northern Ireland) 1999"
    },
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      "affecting": "nisr/1999/391",
      "affecting_title": "The Social Security (Notional Income and Capital Amendment) Regulations (Northern Ireland) 1999"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/1999/385",
      "affecting_title": "The Social Security and Child Support (Tax Credits Consequential Amendments) Regulations (Northern Ireland) 1999"
    },
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      "type": "words substituted",
      "affecting": "nisr/1999/385",
      "affecting_title": "The Social Security and Child Support (Tax Credits Consequential Amendments) Regulations (Northern Ireland) 1999"
    },
    {
      "type": "substituted",
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      "affecting_title": "The Social Security (Approved Work) Regulations (Northern Ireland) 2000"
    },
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      "type": "words omitted",
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      "affecting_title": "The Social Security (Approved Work) Regulations (Northern Ireland) 2000"
    },
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      "affecting_title": "The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2001"
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      "type": "words substituted",
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      "affecting_title": "The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003"
    },
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      "type": "words substituted",
      "affecting": "nisr/2003/195",
      "affecting_title": "The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2003/195",
      "affecting_title": "The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2003/195",
      "affecting_title": "The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2003/195",
      "affecting_title": "The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003"
    },
    {
      "type": "substituted",
      "affecting": "nisr/2003/195",
      "affecting_title": "The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003"
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      "type": "words substituted",
      "affecting": "nisr/2003/195",
      "affecting_title": "The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2003/195",
      "affecting_title": "The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003"
    },
    {
      "type": "words omitted",
      "affecting": "nisr/2004/389",
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    {
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      "affecting_title": "The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2005"
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      "affecting_title": "The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2006/97",
      "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2006"
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    {
      "type": "words substituted",
      "affecting": "nisr/2006/97",
      "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2006"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2006/97",
      "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2006"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2006/97",
      "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2006"
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      "affecting_title": "The Social Security (Infected Blood and Thalidomide) Regulations (Northern Ireland) 2017"
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    },
    {
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    },
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      "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2021"
    },
    {
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  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1987/459/regulation/42",
    "retrieved_at": "2026-10-29T03:18:43.914608+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}