HOUSING; RATES; SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Income-Related Benefits (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 and this regulation shall come into operation on 1st April 1996. 2 In so far as these Regulations amend provisions relating to income support they shall come into operation on 8th April 1996 and, in relation to any particular claimant for that benefit, shall have effect from the beginning of the first benefit week to commence for that claimant on or after that date. 3 In paragraph (2) the expressions “claimant” and “benefit week” have the same meaning as in the Income Support Regulations . 4 In so far as these Regulations amend provisions relating to housing benefit they shall come into operation on 1st April 1996. 5 In so far as these Regulations amend provisions relating to family credit or disability working allowance, they shall come into operation on 9th April 1996 and, in relation to any particular claimant for either of those benefits, they shall have effect— a where a claimant has an award of family credit or disability working allowance which is current on 9th April 1996, on the day following the expiration of that award, or b in any other case, on 9th April 1996. 6 In these Regulations— “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987 ; “the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations (Northern Ireland) 1987 ; “the Family Credit Regulations ” means the Family Credit (General) Regulations (Northern Ireland) 1987 ; “the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations (Northern Ireland) 1992 . 7 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly. Income support: Preserved rights 2 In regulation 19 of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes) after paragraph (1ZO) there shall be inserted— 1ZP A person who acquired a preserved right under paragraph (1ZB) or (1ZC) shall cease to have that right if— a he resides in a home which falls within sub-paragraph ( b ) of the definition of “residential care home” in paragraph (2) (homes run by the Abbeyfield Society) and which is not registered under the statutory provision referred to in sub-paragraph ( a ) of that definition; b he requires personal care, including assistance with bodily functions, and that residential care home does not provide such care, and c he, or a person on his behalf, contracts with another person or body to provide that care, but that preserved right shall revive if any of the conditions specified in sub-paragraphs ( a ) to ( c ) ceases to apply and that person would, but for this provision, have retained that right. . Housing benefit: Severe disability premium 3 1 Schedule 2 to the Housing Benefit Regulations (applicable amounts) shall be amended in accordance with paragraphs (2) and (3). 2 In paragraph 13 (severe disability premium) after sub-paragraph (3) there shall be inserted— 3A For the purposes of sub-paragraph (2)( b ) a person shall be treated as being in receipt of— a attendance allowance, or the care component of a disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act, if he would, but for his being a patient for a period exceeding 28 days, be so in receipt; b invalid care allowance if he would, but for the person for whom he was caring being a patient for a period exceeding 28 days, be so in receipt. . 3 In the column headed “Premium” in paragraph 15(5)( b )(i) (amounts of premiums specified in Part III) at the end there shall be added— or if he or any partner satisfies that condition only by virtue of paragraph 13(3A) . Housing benefit: Disregard of family credit and disability working allowance 4 In Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) for paragraphs 60 and 61 there shall be substituted— 60 Where the claimant is entitled to the allowance under regulation 51(1)( bb ) of the Disability Working Allowance (General) Regulations (Northern Ireland) 1992 (which applies in respect of a person who works for not less than 30 hours a week), any amount of disability working allowance up to the amount specified in column (2) against paragraph 2A of Schedule 5 (determination of appropriate maximum disability working allowance: claimant, child and young person allowance) to those Regulations. 61 Where the claimant is entitled to the credit under regulation 46(1)( aa ) of the Family Credit (General) Regulations (Northern Ireland) 1987 (which applies in respect of a person who works for not less than 30 hours a week), any amount of family credit up to the amount specified in column (2) against paragraph 1A of Schedule 4 (determination of appropriate maximum family credit: adult, child and young person credits) to those Regulations. . Housing benefit: Backdated claims 5 In regulation 72(14) of the Housing Benefit Regulations (time and manner in which claims are to be made) for the words from “any period before” to the end there shall be substituted— a past period (a “claim for backdating”) and, from, and including, a day in that period up to the date of the claim for backdating, he had continuous good cause for his failure to make a claim, his claim in respect of that period shall be treated as made on— a the first day from which he had continuous good cause, or b the day 52 weeks before the date of the claim for backdating, whichever fell later. . Family credit: Normal weekly income of employed earners 6 In regulation 14(2) of the Family Credit Regulations (normal weekly earnings of employed earners) for sub-paragraph ( aa ) there shall be substituted— aa a fortnight— i except where head (ii) applies, a period of 3 consecutive fortnights immediately preceding the week of claim, or ii where the adjudication officer has insufficient information for the claimant’s normal weekly earnings to be determined in accordance with head (i), a period of 3 consecutive fortnights ending with the fortnight before the week immediately preceding the week of claim; . Income-related benefits: Disregard of charitable or voluntary payments 7 In the following provisions (which provide for certain charitable or voluntary payments to be disregarded in the calculation of income other than earnings, the amount of such payments to be disregarded and special arrangements where the claimant has other income, apart from such payments, to be disregarded) for “£10” there shall be substituted “£20”— a regulation 65 of, and paragraphs 15(1) and 36 of Schedule 9 to, the Income Support Regulations; b regulation 56 of, and paragraphs 15(1) and 35 of Schedule 4 to, the Housing Benefit Regulations; c regulation 41 of, and paragraphs 13(1) and 29 of Schedule 2 to, the Family Credit Regulations; d regulation 45 of, and paragraphs 12(1) and 29 of Schedule 3 to, the Disability Working Allowance Regulations. Income-related benefits: Treatment of student loans 8 1 In each of the provisions specified in paragraph (2) (which provide for student loans to be treated as income) for paragraph (3) there shall be substituted— 3 For the purposes of this regulation a student shall be treated as possessing the maximum amount of any loan referred to in paragraph (1) which he will be able to acquire in respect of an academic year by taking reasonable steps to do so. . 2 The provisions referred to in paragraph (1) are— a regulation 66A of the Income Support Regulations; b regulation 57A of the Housing Benefit Regulations; c regulation 42A of the Family Credit Regulations; d regulation 47 of the Disability Working Allowance Regulations. Income-related benefits: Disregard of contribution to a student grant 9 1 In each of the provisions specified in paragraph (2) (disregard of contribution) for the words from “the income”, where they first appear, to the end there shall be substituted— , for the purposes of assessing a contribution to the student’s grant, the other partner’s income has been taken into account, an amount equal to that contribution shall be disregarded for the purposes of assessing that other partner’s income. . 2 The provisions referred to in paragraph (1) are— a regulation 67 of the Income Support Regulations; b regulation 58(1) of the Housing Benefit Regulations; c regulation 43 of the Family Credit Regulations; d regulation 48 of the Disability Working Allowance Regulations. Income-related benefits: Disregard of payments to holders of the Victoria or George Cross 10 1 In Schedule 10 to the Income Support Regulations (capital to be disregarded) after paragraph 43 there shall be added the following paragraph— 44 Any payment to the claimant as holder of the Victoria Cross or George Cross. . 2 In Schedule 5 to the Housing Benefit Regulations and Schedule 4 to the Disability Working Allowance Regulations (capital to be disregarded) after paragraph 45 there shall be added the following paragraph— 46 Any payment to the claimant as holder of the Victoria Cross or George Cross. . 3 In Schedule 3 to the Family Credit Regulations (capital to be disregarded) after paragraph 46 there shall be added the following paragraph— 47 Any payment to the claimant as holder of the Victoria Cross or George Cross. . Income support and housing benefit: Capital limits for persons in residential and other types of accommodation 11 1 In the Income Support Regulations— a for regulation 45 (capital limit) there shall be substituted the following regulation— 45 For the purposes of section 130(1) of the Contributions and Benefits Act as it applies to income support (no entitlement to benefit if capital exceeds prescribed amount)— a except where paragraph ( b ) applies, the prescribed amount is £8,000; b where the circumstances prescribed in regulation 53(1B) apply in the claimant’s case, the prescribed amount is £16,000. ; b in regulation 53 (calculation of tariff income from capital)— i in paragraph (1) at the beginning there shall be inserted “Except where the circumstances prescribed in paragraph (1B) apply to the claimant,”; ii after paragraph (1) there shall be inserted— 1A Where the circumstances prescribed in paragraph (1B) apply to the claimant and that claimant’s capital calculated in accordance with this Part exceeds £10,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000. 1B For the purposes of paragraph (1A) and regulation 45, the prescribed circumstances are that the claimant lives permanently in— a a residential care or nursing home, or residential accommodation and that home or accommodation provides board and personal care for the claimant by reason of his old age and infirmity, disablement, past or present dependence on alcohol or drugs or past or present mental disorder, or b an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society. 1C For the purposes of paragraph (1B), the claimant shall be treated as living permanently in such home or accommodation where he is absent from a home or accommodation referred to in that paragraph— a in the case of a person over pensionable age, for a period not exceeding 52 weeks, and b in any other case, for a period not exceeding 13 weeks. ; iii in both paragraphs (2) and (3) for “paragraph (1)” there shall be substituted “paragraphs (1) and (1A)”; iv after paragraph (3) there shall be added— 4 For the purposes of this regulation, the definition of “residential accommodation” in regulation 21(3) (special cases) shall have effect as if for “subject to paragraphs (3A), (4), (4A) and (5)” there were substituted “subject to paragraphs (3A) and (5)”. . 2 In the Housing Benefit Regulations— a in regulation 7 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling)— i in paragraph (6)( a ) for “5(8)” there shall be substituted “5(7C), (8) or (8C) ”; ii for paragraph (9) there shall be substituted the following paragraph— 9 For the purposes of paragraph (8), any absence shall be disregarded during which the person is treated as occupying the accommodation as his home pursuant to regulation 5(7C), (8) or (8C). ; b in regulation 45 (calculation of tariff income from capital)— i in paragraph (1) at the beginning there shall be inserted “Except where the circumstances prescribed in paragraph (1B) apply to the claimant,”; ii after paragraph (1) there shall be inserted— 1A Where the circumstances prescribed in paragraph (1B) apply to a claimant and that claimant’s capital calculated in accordance with this Part exceeds £10,000, it shall be treated as equivalent to a weekly tariff income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000. 1B For the purposes of paragraph (1A), the prescribed circumstances are that the claimant— a occupies residential accommodation as his home, or b is a person to whom regulation 7(2), (5) or (7) applies (exceptions to circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling). 1C For the purposes of paragraph (1B), the claimant shall be treated as occupying residential accommodation as his home or as a person to whom regulation 7(2), (5) or (7) applies in any period during which he is treated as occupying the accommodation as his home pursuant to regulation 5(7C), (8) or (8C). ; iii in both paragraphs (2) and (3) for “paragraph (1)” there shall be substituted “paragraphs (1) and (1A)”; iv after paragraph (3) there shall be added— 4 For the purposes of this regulation and subject to paragraph (5), “residential accommodation” means accommodation which is provided by an establishment— a under Article 15 or 36 of the Health and Personal Social Services (Northern Ireland) Order 1972 where board is not available to the claimant and the home in which the accommodation is provided is either owned or managed or owned and managed by a Health and Social Services Board or an HSS trust; b which is managed or provided by a body incorporated by Royal Charter or constituted by statutory provision (other than a Health and Social Services Board or an HSS trust) and provides both board and personal care for the claimant and in this sub-paragraph, “personal care” means care which includes assistance with bodily functions where such assistance is required; c which is run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society, and in this definition, “board” has the same meaning as in regulation 8(2)( b ) . 5 Paragraph (4) shall not apply to residential accommodation of the type referred to in sub-paragraph ( b ) or ( c ) of that paragraph where such accommodation is residential accommodation for the purposes of regulation 7 and none of paragraphs (2), (5) or (7) of that regulation apply to the claimant in respect of that accommodation. . Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on W. G. Purdy Assistant Secretary 14th March 1996. The Department of the Environment for Northern Ireland hereby consents to regulations 3, 4, 5, 7( b ), 8(1) and (2)( b ), 9(1) and (2)( b ), 10(2) and 11(2) of the foregoing Regulations. Sealed with the Official Seal of the Department of the Environment for Northern Ireland on R. E. Aiken Assistant Secretary 14th March 1996.