{ "url": "https://openlegislation.uk/income-support-general-regulations-northern-ireland-1987/schedule-4/paragraph-11", "json_url": "https://openlegislation.uk/income-support-general-regulations-northern-ireland-1987/schedule-4/paragraph-11.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": "schedule/4/paragraph/11", "kind": "paragraph", "number": "11", "heading": "Circumstances in which the maximum is not to apply", "text": "(1) Where a claimant who satisfies the conditions in sub-paragraph (2) has been able to meet the charges referred to in paragraphs 1 and 2 without recourse to income support or supplementary benefit, the maximum determined in accordance with paragraph 5 shall not apply for the period of 13 weeks or, if alternative accommodation is found earlier, such lesser period following the date of claim except to the extent that the claimant is able to meet out of income disregarded for the purposes of Part V the balance of the actual charge over the maximum.\n(2) The conditions for the purposes of sub-paragraph (1) are that—\n(a) the claimant has lived in the same accommodation for more than 12 months;\n(b) he was able to afford the charges in respect of that accommodation when he took up residence;\n(c) having regard to the availability of suitable alternative accommodation and to the circumstances mentioned in paragraph 10(7)(b) of Schedule 3 (housing costs), it is reasonable that the maximum should not apply in order to allow him time to find alternative accommodation;\n(d) he is not a person who is being accommodated by a Health and Social Services Board under section 164 of the Children and Young Persons Act (Northern Ireland) 1968 (general function for promoting the welfare of persons under the age of 18); and\n(e) he is seeking alternative accommodation and intends to leave his present accommodation once alternative accommodation is found.\n(3) Where—\n(a) the claimant was a resident in a home for persons in need or a nursing home immediately before 29th April 1985 and has continued after that date to be resident in the same accommodation, apart from any period of temporary absence; and\n(b) immediately before that date, the actual charge for the claimant's accommodation was being met either wholly or partly out of the claimant's resources, or, wholly or partly out of other resources which can no longer be made available for this purpose; and\n(c) since that date the Department has not at any time accepted responsibility for the making of arrangements for the provision of such accommodation for the claimant; and\n(d) the Department, in its discretion, has determined that this sub-paragraph shall have effect in the particular case of the claimant in order to avoid exceptional hardship,\nthe maximum amount shall be the rate specified in sub-paragraph (4) if that rate exceeds the maximum which, but for this sub-paragraph, would be determined under paragraph 5.\n(4) For the purposes of sub-paragraph (3) the rate is either—\n(a) the actual weekly charge for the accommodation immediately before 29th April 1985 plus £10; or\n(b) the aggregate of the following amounts—\n(i) the amount estimated under regulation 9(6) of the Supplementary Benefit (Requirements) Regulations (Northern Ireland) 1983 as then in force as the reasonable weekly charge for the area immediately before that date,\n(ii) £26·15, and\n(iii) if the claimant was entitled at that date to attendance allowance under section 35 of the principal Act at the higher rate, £28·60 or, as the case may be, at the lower rate, £19·10,\nwhichever is the lower amount.", "extent": null, "status": null, "version": "current", "annotations": [ { "type": "footnote", "label": "f1", "text": "1968 c. 34 (N.I.); section 164 was amended by Schedule 18 to the Health and Personal Social Services (Northern Ireland) Order 1972" }, { "type": "footnote", "label": "f2", "text": "S.R. 1983 No. 61; the relevant amending regulations are S.R. 1986 No. 240" } ], "outstanding_effects": [ { "type": "sums specified", "affecting": "nisr/2001/41", "affecting_title": "The Social Security Benefits Up-rating Order (Northern Ireland) 2001" }, { "type": "sums confirmed", "affecting": "nisr/1997/113", "affecting_title": "The Social Security Benefits Up-rating Order (Northern Ireland) 1997" }, { "type": "sums specified", "affecting": "nisr/1999/50", "affecting_title": "The Social Security Benefits Up-rating Order (Northern Ireland) 1999" }, { "type": "sum substituted", "affecting": "nisr/1999/50", "affecting_title": "The Social Security Benefits Up-rating Order (Northern Ireland) 1999" }, { "type": "sums substituted", "affecting": "nisr/2000/38", "affecting_title": "The Social Security Benefits Up-rating Order (Northern Ireland) 2000" }, { "type": "sums substituted", "affecting": "nisr/2000/38", "affecting_title": "The Social Security Benefits Up-rating Order (Northern Ireland) 2000" }, { "type": "sum substituted", "affecting": "nisr/1996/73", "affecting_title": "The Social Security Benefits Up-rating Order (Northern Ireland) 1996" }, { "type": "sums modified and confirmed", "affecting": "nisr/1996/73", "affecting_title": "The Social Security Benefits Up-rating Order (Northern Ireland) 1996" }, { "type": "sum substituted", "affecting": "nisr/2001/227", "affecting_title": "The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001 (revoked)" }, { "type": "sum substituted", "affecting": "nisr/2001/227", "affecting_title": "The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001 (revoked)" }, { "type": "sum substituted", "affecting": "nisr/2001/227", "affecting_title": "The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001 (revoked)" }, { "type": "sum substituted", "affecting": "nisr/2001/227", "affecting_title": "The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001 (revoked)" }, { "type": "sum substituted", "affecting": "nisr/2001/227", "affecting_title": "The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001 (revoked)" }, { "type": "sum substituted", "affecting": "nisr/2001/227", "affecting_title": "The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001 (revoked)" }, { "type": "sum substituted", "affecting": "nisr/2001/227", "affecting_title": "The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001 (revoked)" }, { "type": "sum substituted", "affecting": "nisr/2001/227", "affecting_title": "The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001 (revoked)" }, { "type": "sum substituted", "affecting": "nisr/2001/227", "affecting_title": "The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001 (revoked)" }, { "type": "sum substituted", "affecting": "nisr/2001/227", "affecting_title": "The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001 (revoked)" }, { "type": "sum substituted", "affecting": "nisr/2001/227", "affecting_title": "The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001 (revoked)" }, { "type": "sum substituted", "affecting": "nisr/2001/227", "affecting_title": "The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001 (revoked)" }, { "type": "sum substituted", "affecting": "nisr/2001/227", "affecting_title": "The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001 (revoked)" }, { "type": "sum substituted", "affecting": "nisr/2001/227", "affecting_title": "The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001 (revoked)" }, { "type": "omitted", "affecting": "nisr/2002/132", "affecting_title": "The Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002" }, { "type": "sums specified", "affecting": "nisr/2004/82", "affecting_title": "The Social Security Benefits Up-rating Order (Northern Ireland) 2004 (revoked)" }, { "type": "sums specified", "affecting": "nisr/2005/82", "affecting_title": "The Social Security Benefits Up-rating Order (Northern Ireland) 2005" }, { "type": "sums specified", "affecting": "nisr/2008/92", "affecting_title": "The Social Security Benefits Up-rating Order (Northern Ireland) 2008" }, { "type": "sum specified", "affecting": "nisr/2010/118", "affecting_title": "The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked)" } ], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/nisr/1987/459/schedule/4/paragraph/11", "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." }