OpenLegislation

Regulation 6 Amount of the guarantee creditI1

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Except as provided in the following provisions of these Regulations, the standard minimum guarantee is –

C1(a)

F1£230∙85 per week in the case of a claimant who has a partner;

C2(b)

£151∙20 per week in the case of a claimant who has no partner.

(2)

Paragraph (3) applies in the case of –

(a)

prisoners, and

(b)

members of religious orders who are fully maintained by their order.

(3)

In a case to which this paragraph applies –

C3C4C5C6C7C8C9C10C11C12C13C14C15(a)

section 2(3) of the Act has effect with the substitution for the reference to the standard minimum guarantee in section 2(3)(a) of the Act of a reference to a nil amount, and

C16C17C18C19C20C21C22C23C24(b)

except in the case of a person who is a remand prisoner, nil is the prescribed additional amount for the purposes of section 2(3)(b) of the Act.

(4)

Except in a case to which paragraph (3) applies, an amount additional to that prescribed in paragraph (1) shall be applicable under paragraph (5) if the claimant is treated as being a severely disabled person in accordance with paragraph 1 of Part I of Schedule 1 (circumstances in which persons are treated as being or not being severely disabled).

(5)

The additional amount applicable is –

C25(a)

except where paragraph (b) applies, F2£61∙85 per week if paragraph 1(1)(a), (b) or (c) of Part I of Schedule 1 is satisfied, or

C26(b)

£123∙70 per week if paragraph 1(1)(b) of Part I of Schedule 1 is satisfied otherwise than by virtue of paragraph 1(2)(b) of that Part and no one is entitled to and in receipt of an allowance under section 70 of the Contributions and Benefits Act (carer’s allowance) in respect of caring for either partner.

(6)

Except in a case to which paragraph (3) applies, an amount additional to that prescribed in paragraph (1) shall be applicable –

(a)

if paragraph 4 of Part II of Schedule 1 (amount applicable for carers) is satisfied;

(b)

in accordance with Part III of Schedule 1 (amount applicable for former claimants of income support or income-based jobseeker’s allowance), or

(c)

except where paragraph (7) applies, in accordance with Schedule 2 (housing costs).

(7)

This paragraph applies in the case of a person who has been detained in custody for more than 52 weeks pending trial or sentence following conviction by a court.

C27(8)

The amount applicable if paragraph 4 of Part II of Schedule 1 is satisfied is F3£34∙60 per week, and in the case of partners, this amount is applicable in respect of each partner who satisfies that paragraph.

(9)

In the case of a remand prisoner, paragraph (6) shall apply as if sub-paragraphs (a) and (b) of that paragraph were omitted.

(10)

In this regulation, “remand prisoner” means a person who, for a period not exceeding 52 weeks, has been detained in custody on remand pending trial or, as a condition of bail, required to reside in a hostel or, as the case may be, detained pending sentence upon conviction.

Annotations

Textual amendments

F1

Sums in reg. 6(1) substituted (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (S.R. 2015/124), arts. 1(1)(k), 24(2)(a)

F2

Sums in reg. 6(5) substituted (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (S.R. 2015/124), arts. 1(1)(k), 24(2)(b)

F3

Sum in reg. 6(8) substituted (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (S.R. 2015/124), arts. 1(1)(k), 24(2)(c)

Modifications

C1

Reg. 6(1)(a): sum confirmed (7.4.2003) by The Social Security Benefits Up-rating Order (Northern Ireland) 2003 (S.R. 2003/155), arts. 1(1)(d), 24(2)(a)

C2

Reg. 6(1)(b): sum confirmed (7.4.2003) by The Social Security Benefits Up-rating Order (Northern Ireland) 2003 (S.R. 2003/155), arts. 1(1)(d), 24(2)(b)

C3

Reg. 6(3)(a): sum specified (7.4.2003) by The Social Security Benefits Up-rating Order (Northern Ireland) 2003 (S.R. 2003/155), arts. 1(1)(d), 24(6), Sch. 14

C4

Reg. 6(3)(a): sum specified (12.4.2004) by The Social Security Benefits Up-rating Order (Northern Ireland) 2004 (S.R. 2004/82), arts. 1(1)(e), 24(6), Sch. 16

C5

Reg. 6(3)(a): sum specified (11.4.2005) by The Social Security Benefits Up-rating Order (Northern Ireland) 2005 (S.R. 2005/82), arts. 1(1)(f), 24(6), Sch. 16

C6

Reg. 6(3)(a): sum specified (with effect in accordance with arts. 1(2), 6 of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2006 (S.R. 2006/109), arts. 1(1)(g), 24(6), Sch. 16

C7

Reg. 6(3)(a): sum specified (coming into operation in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (S.R. 2007/153), art. 24(6), Sch. 16

C8

Reg. 6(3)(a): sum specified (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (revoked) 2008 (S.R. 2008/92), art. 24(6), Sch. 16

C9

Reg. 6(3)(a): sums specified (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/89), art. 24(6), Sch. 13

C10

Reg. 6(3)(a): sum specified (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), art. 24(6), Sch. 13

C11

Reg. 6(3)(a): sum specified (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2011 (revoked) 2011 (S.R. 2011/119), arts. 1(1)(l), 25(6), Sch. 13

C12

Reg. 6(3)(a)(b): sum specified (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2012 (S.R. 2012/116), arts. 1(1)(l), 25(6), Sch. 13

C13

Reg. 6(3)(a)(b): sum specified (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2013 (revoked) 2013 (S.R. 2013/69), arts. 1(1)(k), 24(6), Sch. 13

C14

Reg. 6(3)(a)(b): sum specified (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2014 (revoked) 2014 (S.R. 2014/78), arts. 1(1)(k), 24(6), Sch. 13

C15

Reg. 6(3)(a)(b): sum specified (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/124), arts. 1(1)(k), 24(6), Sch. 13

C16

Reg. 6(3)(b): sum specified (7.4.2003) by The Social Security Benefits Up-rating Order (Northern Ireland) 2003 (S.R. 2003/155), arts. 1(1)(d), 24(6), Sch. 14

C17

Reg. 6(3)(b): sum specified (12.4.2004) by The Social Security Benefits Up-rating Order (Northern Ireland) 2004 (S.R. 2004/82), arts. 1(1)(e), 24(6), Sch. 16

C18

Reg. 6(3)(b): sum specified (11.4.2005) by The Social Security Benefits Up-rating Order (Northern Ireland) 2005 (S.R. 2005/82), arts. 1(1)(f), 24(6), Sch. 16

C19

Reg. 6(3)(b): sum specified (with effect in accordance with arts. 1(2), 6 of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2006 (S.R. 2006/109), arts. 1(1)(g), 24(6), Sch. 16

C20

Reg. 6(3)(b): sum specified (coming into operation in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (S.R. 2007/153), art. 24(6), Sch. 16

C21

Reg. 6(3)(b): sum specified (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (revoked) 2008 (S.R. 2008/92), art. 24(6), Sch. 16

C22

Reg. 6(3)(b): sums specified (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/89), art. 24(6), Sch. 13

C23

Reg. 6(3)(b): sum specified (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), art. 24(6), Sch. 13

C24

Reg. 6(3)(b): sum specified (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2011 (revoked) 2011 (S.R. 2011/119), arts. 1(1)(l), 25(6), Sch. 13

C25

Reg. 6(5)(a): sum confirmed (7.4.2003) by The Social Security Benefits Up-rating Order (Northern Ireland) 2003 (S.R. 2003/155), arts. 1(1)(d), 24(2)(c)

C26

Reg. 6(5)(b): sum confirmed (7.4.2003) by The Social Security Benefits Up-rating Order (Northern Ireland) 2003 (S.R. 2003/155), arts. 1(1)(d), 24(2)(d)

C27

Reg. 6(8): sum confirmed (7.4.2003) by The Social Security Benefits Up-rating Order (Northern Ireland) 2003 (S.R. 2003/155), arts. 1(1)(d), 24(2)(e)

Commencement

I1

Reg. 6 in operation at 6.10.2003, see reg. 1(1)