Paragraph 3 Persons residing with the claimant whose presence is ignoredI1
Northern Ireland
Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:
- Sch. 1 para. 4 words substituted by Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) 2026 art. 42(4)(a)
- Sch. 1 para. 1(1)(a)(iii) words inserted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2016 reg. 31(7)(a)
- Sch. 1 para. 1(1)(b) words inserted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2016 reg. 31(7)(b)(i)
- Sch. 1 para. 1(1)(b) words inserted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2016 reg. 31(7)(b)(ii)
- Sch. 1 para. 1(1)(c)(iv) words inserted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2016 reg. 31(7)(c)
- Sch. 1 para. 1(2)(c) words inserted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2016 reg. 31(7)(d)
- Sch. 1 para. 1(4) inserted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2016 reg. 31(7)(e)
- Sch. 1 para. 1(1)(a)(i) words substituted by Personal Independence Payment (Supplementary Provisions and Consequential Amendments) 2016 reg. 25(4)(a)(i)
- Sch. 1 para. 1(1)(b)(i) words substituted by Personal Independence Payment (Supplementary Provisions and Consequential Amendments) 2016 reg. 25(4)(a)(ii)
- Sch. 1 para. 1(1)(c)(i) words substituted by Personal Independence Payment (Supplementary Provisions and Consequential Amendments) 2016 reg. 25(4)(a)(iii)
- Sch. 1 para. 1(2)(a) words substituted by Personal Independence Payment (Supplementary Provisions and Consequential Amendments) 2016 reg. 25(4)(a)(iv)
- Sch. 1 para. 1(2)(ba) inserted by Personal Independence Payment (Supplementary Provisions and Consequential Amendments) 2016 reg. 25(4)(a)(v)
- Sch. 1 para. 2(2)(a) words substituted by Personal Independence Payment (Supplementary Provisions and Consequential Amendments) 2016 reg. 25(4)(b)
- Sch. 1 para. 2(2)(f) words inserted by Housing Benefit and State Pension Credit (Temporary Absence) 2017 reg. 4(7)
- Sch. 1 para. 2(2)(f) words substituted by Housing Benefit and State Pension Credit (Temporary Absence) 2017 reg. 4(7)
- Sch. 1 para. 1(2)(bb) words substituted by Social Security (Disability Assistance for Working Age People) 2022 art. 8(2)
- Sch. 1 para. 1(1)(a)(i) comma substituted for word by Social Security (Disability Assistance for Working Age People) 2022 art. 23(3)(a)(i)
- Sch. 1 para. 1(1)(a)(i) words inserted by Social Security (Disability Assistance for Working Age People) 2022 art. 23(3)(a)(ii)
- Sch. 1 para. 1(1)(b)(i) comma substituted for word by Social Security (Disability Assistance for Working Age People) 2022 art. 23(3)(b)(i)
- Sch. 1 para. 1(1)(b)(i) words inserted by Social Security (Disability Assistance for Working Age People) 2022 art. 23(3)(b)(ii)
- Sch. 1 para. 1(1)(c)(i) comma substituted for word by Social Security (Disability Assistance for Working Age People) 2022 art. 23(3)(c)(i)
- Sch. 1 para. 1(1)(c)(i) words inserted by Social Security (Disability Assistance for Working Age People) 2022 art. 23(3)(c)(ii)
- Sch. 1 para. 1(2)(a) comma substituted for word by Social Security (Disability Assistance for Working Age People) 2022 art. 23(3)(d)(i)
- Sch. 1 para. 1(2)(a) words inserted by Social Security (Disability Assistance for Working Age People) 2022 art. 23(3)(d)(ii)
- Sch. 1 para. 1(2)(bb) inserted by Social Security (Disability Assistance for Working Age People) 2022 art. 23(3)(e)
- Sch. 1 para. 2(2)(a) comma substituted for word by Social Security (Disability Assistance for Working Age People) 2022 art. 23(3)(f)(i)
- Sch. 1 para. 2(2)(a) words inserted by Social Security (Disability Assistance for Working Age People) 2022 art. 23(3)(f)(ii)
- Sch. 1 para. 1(1)(a)(iii) words inserted by Carer’s Assistance (Carer Support Payment) Regulations 2023 2023 art. 38(6)(a)(i)
- Sch. 1 para. 1(1)(b) words inserted by Carer’s Assistance (Carer Support Payment) Regulations 2023 2023 art. 38(6)(a)(ii)(aa)
- Sch. 1 para. 1(1)(b) words inserted by Carer’s Assistance (Carer Support Payment) Regulations 2023 2023 art. 38(6)(a)(ii)(bb)
- Sch. 1 para. 1(1)(c)(iv) words inserted by Carer’s Assistance (Carer Support Payment) Regulations 2023 2023 art. 38(6)(a)(iii)
- Sch. 1 para. 1(2)(c) words inserted by Carer’s Assistance (Carer Support Payment) Regulations 2023 2023 art. 38(6)(a)(iv)
- Sch. 1 para. 4(2) words inserted by Carer’s Assistance (Carer Support Payment) Regulations 2023 2023 art. 38(6)(b)(i)
- Sch. 1 para. 4(3) words inserted by Carer’s Assistance (Carer Support Payment) Regulations 2023 2023 art. 38(6)(b)(ii)
- Sch. 1 para. 4(4) words inserted by Carer’s Assistance (Carer Support Payment) Regulations 2023 2023 art. 38(6)(b)(iii)
- Sch. 1 para. 5 words inserted by Carer’s Assistance (Carer Support Payment) Regulations 2023 2023 art. 38(6)(c)
- Sch. 1 para. 1(1)(a)(i) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2024 art. 25(3)(a)(i)
- Sch. 1 para. 1(1)(b)(i) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2024 art. 25(3)(a)(i)
- Sch. 1 para. 1(1)(c)(i) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2024 art. 25(3)(a)(i)
- Sch. 1 para. 1(2)(a) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2024 art. 25(3)(a)(ii)
- Sch. 1 para. 1(2)(bc) inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2024 art. 25(3)(a)(iii)
- Sch. 1 para. 2(2)(a) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2024 art. 25(3)(b)
- Sch. 1 para. 4(5) inserted by Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) 2026 art. 42(4)(b)
- Sch. 1 para. 1(1)(a)(i) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2025 art. 26(3)(a)(i)
- Sch. 1 para. 1(1)(b)(i) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2025 art. 26(3)(a)(i)
- Sch. 1 para. 1(1)(c)(i) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2025 art. 26(3)(a)(i)
- Sch. 1 para. 1(2)(a) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2025 art. 26(3)(a)(ii)
- Sch. 1 para. 1(2)(bd) inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2025 art. 26(3)(a)(iii)
- Sch. 1 para. 2(2)(a) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2025 art. 26(3)(b)
For the purposes of paragraphs 1 and 2, a person resides with another person only if they share any accommodation except a bathroom, a lavatory or a communal area, but not if each person is separately liable to make payments, in respect of his occupation of the dwelling, to the landlord.
In sub-paragraph (1) “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.
Paragraph 2(6) and (7) applies to a person who is a close relative of the claimant or his partner only if the claimant or his partner’s co-ownership, or joint liability to make payments to a landlord in respect of his occupation of the dwelling, arose either before 11th April 1988, or, if later, on or before the date upon which the claimant or the claimant’s partner first occupied the dwelling in question.
Annotations
Commencement
- I1
Sch. 1 para. 3 in operation at 6.10.2003, see reg. 1(1)