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Paragraph 1 Housing costsI1

Northern Ireland

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

(1)

Subject to paragraphs 2 to 15, the housing costs applicable to a claimant in accordance with regulation 6(6)(c) are those costs –

(a)

which the claimant or, if he has a partner, his partner is, in accordance with paragraph 3, liable to meet in respect of the dwelling occupied as the home which he or his partner is treated as occupying, and

(b)

which qualify under paragraphs 11 to 13.

(2)

In this Schedule –

  • “disabled person” means a person –

    1. (a)

      F1aged 75 or over;

    2. (aa)

      who, had he in fact been entitled to income support, would have satisfied the requirements of paragraph 12 of Schedule 2 to the Income Support Regulations (additional condition for the higher pensioner and disability premiums); or

    3. (b)

      who –

      1. (i)

        has not attained the age of F220 and for whom the claimant or his partner is responsible; and

      2. (ia)

        F3is a person in respect of whom armed forces independence payment is payable; or

      3. (ii)

        is a person in respect of whom disability living allowance is payable or would be payable but for F4suspension or abatement because the person becomes a patient; or

      4. (iii)

        F5is certified as severely sight impaired or blind by a consultant ophthalmologist or who is within 28 weeks of ceasing to be so certified;

        F6or

      5. (iv)

        who is in receipt of an employment and support allowance which includes an amount under section 2(2) or (3) or 4(4) or (5) of the Welfare Reform Act (components);

  • “housing costs” means those costs to which sub-paragraph (1) refers;

  • “standard rate” means the rate for the time being F7determined in accordance with paragraph 9.

(3)

For the purposes of F8sub-paragraph (2)(a), (aa) and (b), a person shall not cease to be a disabled person on account of his being disqualified for receiving benefit or treated as capable of work by virtue of the operation of section 167E of the Contributions and Benefits Actf1 (incapacity for work: disqualification, etc.) F9or disqualified for receiving employment and support allowance or treated as not having limited capability for work in accordance with regulations made under section 18 of the Welfare Reform Act (disqualification) .

(4)

In this Schedule, “non-dependant” means any person, except someone to whom sub-paragraph (5), (6) or (7) applies, who normally resides with the claimant.

(5)

This sub-paragraph applies to –

(a)

a partner of the claimant or any person under the age of F1020 for whom the claimant or the claimant’s partner is responsible;

(b)

a person who lives with the claimant in order to care for him or for the claimant’s partner and who is engaged for that purpose by a charitable or voluntary organisation which makes a charge to the claimant or the claimant’s partner for the care provided by that person;

(c)

a partner of a person to whom head (b) applies.

(6)

This sub-paragraph applies to a person, other than a close relative of the claimant or the claimant’s partner –

(a)

who is liable to make payments on a commercial basis to the claimant or the claimant’s partner in respect of his occupation of the claimant’s dwelling, or

(b)

who is a member of the household of a person to whom head (a) applies.

(7)

This sub-paragraph applies to –

(a)

a person who jointly occupies the claimant’s dwelling and who is either –

(i)

co-owner of that dwelling with the claimant or the claimant’s partners (whether or not there are other co-owners), or

(ii)

jointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of his occupation of that dwelling;

(b)

a partner of a person to whom head (a) applies.

(8)

For the purpose of sub-paragraphs (4) to (7) a person resides with another 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.

(9)

In sub-paragraph (8) “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.

Annotations

Textual amendments

F1

Words in Sch. 2 para. 1(2) substituted (6.4.2006) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2006 (S.R. 2006/97), regs. 1(1), 5(4)(a)

F2

Word in Sch. 2 para. 1(2)(b)(i) substituted (10.4.2006) by virtue of The Social Security (Young Persons) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/128), regs. 1(1)(b), 5(4)(a)

F3

Words in Sch. 2 para. 1(2) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 23(5)(a)

F4

Words in Sch. 2 para. 1(2) substituted (10.4.2006) by The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005 (S.R. 2005/580), regs. 1(1)(a), 7(4)(a)

F5

Words in Sch. 2 para. 1(2) substituted (26.11.2014) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/275), regs. 1(1), 4(3)(a)

F6

Sch. 2 para. 1(2)(b)(iv) and word added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(8)(a)(i)

F7

Words in Sch. 2 para. 1(2) substituted (28.11.2004) by The Social Security (Housing Costs Amendments) Regulations (Northern Ireland) 2004 (S.R. 2004/461), regs. 1(1)(a), 4(a)

F8

Words in Sch. 2 para. 1(3) substituted (6.4.2006) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2006 (S.R. 2006/97), regs. 1(1), 5(4)(b)

F9

Words in Sch. 2 para. 1(3) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(8)(a)(ii)

F10

Word in Sch. 2 para. 1(5)(a) substituted (10.4.2006) by The Social Security (Young Persons) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/128), regs. 1(1)(b), 5(4)(b)

Commencement

I1

Sch. 2 para. 1 in operation at 6.10.2003, see reg. 1(1)

Footnotes

f1

Section 167E was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))