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mdash;
(1) These Regulations may be cited as the Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2005.
(2) Subject to paragraphs (3) and (4), these Regulations shall come into operation on 1st April 2005.
(3) Regulations 2(3) to (7) shall come into operation –
(a) in relation to any case where rent is payable at intervals of a whole number of weeks, on 4th April 2005, and
(b) in relation to any other case, on 1st April 2005.
(4) Regulation 2(8) shall come into operation on 3rd October 2005.
(5) In these Regulations –
 “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987.
(6) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
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(1) Subject to paragraph (2) the Housing Benefit Regulations shall be amended in accordance with paragraphs (2) to (8).
(2) The amendments made by paragraphs (6) and (7) are to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 applies.
(3) In regulation 21A (treatment of child care charges) –
(a) in paragraph (1), for sub-paragraph (c), there shall be substituted the following sub-paragraph –“
(c) is a member of a couple where one member is engaged in remunerative work and the other –
(i) is incapacitated;
(ii) is an in-patient in hospital, or
(iii) is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).”;
(b) after paragraph (1), there shall be inserted the following paragraphs –“
(1A) For the purposes of paragraph (1) and subject to paragraph (1C), a person to whom paragraph (1B) applies shall be treated as engaged in remunerative work for a period not exceeding 28 weeks during which he –
(a) is paid statutory sick pay;
(b) is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the Contributions and Benefits Act;
(c) is paid income support on the grounds of incapacity for work under regulation 4ZA of, and paragraph 7 or 14 of Schedule 1B to, the Income Support (General) Regulations (Northern Ireland) 1987, or
(d) is credited with earnings on the grounds of incapacity for work under regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975.
(1B) This paragraph applies to a person who was engaged in remunerative work immediately before –
(a) the first day of the period in respect of which he was first paid statutory sick pay, short-term incapacity benefit or income support on the grounds of incapacity for work, or
(b) the first day of the period in respect of which earnings are credited,
as the case may be.
(1C) In a case to which paragraph (1A)(c) or (d) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.”;
(c) in paragraph (2ZB) –
(i) at the end of sub-paragraph (a), for “, or” there shall be substituted “;”;
(ii) at the end of sub-paragraph (b), for “.” there shall be substituted “, or”;
(iii) after sub-paragraph (b), there shall be added the following sub-paragraph –“
(c) in respect of care provided by a relative of a child wholly or mainly in the child’s home.”;
(d) in paragraph (2ZC) –
(i) sub-paragraphs (a), (c) and (d) shall be omitted;
(ii) at the end of sub-paragraph (e), for “.” there shall be substituted “, or”;
(iii) after sub-paragraph (e), there shall be added the following sub-paragraph –“
(f) by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act 2002.” ;
(e) in paragraph (7)(b) for “incurred” there shall be substituted “is incurring” and “in that week” shall be omitted;
(f) paragraph (10) shall be omitted.
(4) After regulation 24 (average weekly income other than earnings), there shall be inserted the following regulation –“
24A. 

(1) This regulation applies where a claimant receives a tax credit.
(2) Where this regulation applies, the period over which a tax credit is to be taken into account shall be the period set out in paragraph (3).
(3) Where the instalment in respect of which payment of a tax credit is made is –
(a) a daily instalment, the period is one day, being the day in respect of which the instalment is paid;
(b) a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;
(c) a two weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;
(d) a four weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.
(4) For the purposes of this regulation “tax credit” means child tax credit or working tax credit.”.
(5) In regulation 25 (calculation of weekly income) for “22 and 24 (average weekly earnings of employed earners and average weekly income other than earnings)” there shall be substituted “22 (average weekly earnings of employed earners), 24 (average weekly income other than earnings) and 24A (calculation of average weekly income from tax credits)”.
(6) In regulation 27 (treatment of child care charges) –
(a) in paragraph (1), for sub-paragraph (c), there shall be substituted the following sub-paragraph –“
(c) is a member of a couple where one member is engaged in remunerative work and the other –
(i) is incapacitated;
(ii) is an in-patient in hospital, or
(iii) is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).”;
(b) after paragraph (1), there shall be inserted the following paragraphs –“
(1A) For the purposes of paragraph (1) and subject to paragraph (1C), a person to whom paragraph (1B) applies shall be treated as engaged in remunerative work for a period not exceeding 28 weeks during which he –
(a) is paid statutory sick pay;
(b) is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the Contributions and Benefits Act;
(c) is paid income support on the grounds of incapacity for work under regulation 4ZA of, and paragraph 7 or 14 of Schedule 1B to, the Income Support (General) Regulations (Northern Ireland) 1987, or
(d) is credited with earnings on the grounds of incapacity for work under regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975.
(1B) This paragraph applies to a person who was engaged in remunerative work immediately before –
(a) the first day of the period in respect of which he was first paid statutory sick pay, short-term incapacity benefit or income support on the grounds of incapacity for work, or
(b) the first day of the period in respect of which earnings are credited,
as the case may be.
(1C) In a case to which paragraph (1A)(c) or (d) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.”;
(c) in paragraph (4) –
(i) at the end of sub-paragraph (a), for “, or” there shall be substituted “;”;
(ii) at the end of sub-paragraph (b), for “.” there shall be substituted “, or”;
(iii) after sub-paragraph (b), there shall be added the following sub-paragraph –“
(c) in respect of care provided by a relative of a child wholly or mainly in the child’s home.”;
(d) in paragraph (5) –
(i) sub-paragraphs (a), (c) and (d) shall be omitted;
(ii) at the end of sub-paragraph (e) for “;” there shall be substituted “, or”;
(iii) after sub-paragraph (e), there shall be added the following sub-paragraph –“
(f) by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act 2002.”;
(e) in paragraph (11)(b) for “incurred” there shall be substituted “is incurring” and “in that week” shall be omitted;
(f) paragraph (14) shall be omitted.
(7) After regulation 27 (treatment of child care charges), there shall be inserted the following regulation –“
27A. 

(1) This regulation applies where a claimant receives a tax credit.
(2) Where this regulation applies, the period over which a tax credit is to be taken into account shall be the period set out in paragraph (3).
(3) Where the instalment in respect of which payment of a tax credit is made is –
(a) a daily instalment, the period is one day, being the day in respect of which the instalment is paid;
(b) a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;
(c) a two weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;
(d) a four weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.
(4) For the purposes of this regulation “tax credit” means working tax credit.”.
(8) In paragraph 15 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) –
(a) in sub-paragraph (1), after “sub-paragraph (2)” there shall be inserted “or (2A)”;
(b) after sub-paragraph (2), there shall be inserted the following sub-paragraph –“
(2A) Subject to sub-paragraph (3) –
(a) a charitable payment;
(b) a voluntary payment;
(c) a payment (not falling within sub-paragraph (a) or (b)) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant.”;
(c) in sub-paragraph (3) for “Sub-paragraphs (1) and (2)” there shall be substituted “Sub-paragraphs (1) to (2A)”;
(d) in sub-paragraph (6) –
(i) paragraphs (a) to (c) shall be omitted, and
(ii) in paragraph (e) for “sub-paragraphs (a) to (d)” there shall be substituted “paragraph (d)”.
Sealed with the Official Seal of the Department for Department for Social Development on 21st March 2005.
John O'Neill
A senior officer of the
Department for Social Development
The Department of Finance and Personnel hereby consents to the foregoing Regulations.Sealed with the Official Seal of the Department of Finance and Personnel on 22nd March 2005.
Ciaran Doran
A senior officer of the
Department of Finance and Personnel
