Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004

As if for the whole of regulation 25 (liable relative payments) substitute –

“25.—(1) Where a claimant’s income consists of any payments made by a person, whether under a court order or not, for the maintenance of himself or any member of his family, and those payments are made or due to be made at regular intervals, his normal weekly income from those payments shall be determined –

(a)if before the relevant date those payments are made at regular intervals and in regular amounts by reference to the normal weekly amount;

(b)if they are not so made, by reference to the average amount of such payments received in the 13 weeks immediately preceding the week which includes the relevant date.

(2) Any maintenance payment other than one to which paragraph (1) applies shall be treated as capital.”.

In paragraph (1) omit the words “For the purposes” to “income support)”.

In paragraph (1)(a) for the “weekly amount of his income” substitute “the normal weekly amount of his income at the relevant date”.

In paragraph (1) omit the words “Except where paragraph (2) applies”.

In paragraph (1)(a) at the beginning insert the words “except where sub-paragraph (b) or (c) applies,”.

In paragraph (1)(b) at the beginning insert the words “except where sub-paragraph (c) applies,”.

After paragraph (1)(b) insert the word “or” and the following sub-paragraph –

“(c)where in respect of the employment the claimant provides a profit and loss account (and, where appropriate, a trading account or a balance sheet or both), and the profit and loss account is in respect of a period of at least 6 months but not exceeding 15 months and that period ends within the 12 months preceding the relevant date.”.

After paragraph (1) insert the following new paragraph –

“(1A) In paragraph (1)(c) –

(a)“balance sheet” means a statement of the financial position of the employment disclosing its assets, liabilities and capital at the end of the period in question; and

(b)“profit and loss account” means a financial statement showing the net profit or loss of the employment for the period in question; and

(c)“trading account” means a financial statement showing the revenue from sales, the cost of those sales and the gross profit arising during the period in question.”.

Omit paragraph (2).

As if in paragraph (1) for “regulation 29” substitute “regulation 28” and for “subject to paragraphs (2) to (7)” substitute “subject to paragraph (6)”.

In paragraph (6) omit “and has changed more than once”.

Omit paragraphs (3)-(5), (6A) and (7).

Omit paragraphs (1)(c), (1)(g), (1)(i), (1A) and (2A).

In paragraph (1)(d) omit the words after “employment”.

In paragraph (2)(a) omit the words “subject to paragraph (2A)”.

In paragraph (3) for “paragraph (9)” substitute “paragraphs (3A) or (9)”.

After paragraph (3) insert –

“(3A) For the purpose of paragraph (1)(a), in a case where earnings of the employment are calculated over a period determined under regulation 30(1)(c), the net profit of the employment shall, except where paragraph (9) applies, be calculated by taking into account the earnings of the employment relevant to that period (whether or not received in that period), less –

(a)subject to paragraphs (5) to (7), any expenses relevant to that period (whether or not defrayed in that period) and which were wholly and exclusively incurred for the purposes of that employment; and

(b)an amount in respect of –

(i)income tax,

(ii)social security contributions payable under the Contributions and Benefits Act, calculated in accordance with regulation 39 (deduction of tax and contributions for self-employed earners), and

(iii)one half of any premium paid in the period that is relevant under regulation 30 in respect of a retirement annuity contract or a personal pension scheme.”.

In paragraph (4) after “the net profit of the employment” insert “except where paragraph (3A) or (9) applies,”.

In paragraph (1) for “regulation 29 (calculation of income other than earnings)” substitute “regulation 28 (calculation of income)” and for “paragraph (2) to (3B)” substitute “paragraphs (2) and (3)”.

Omit paragraphs (3A) to (5).

In paragraph (1) for “on the first day” to “the date of that supersession” substitute “at the relevant date”.

Omit paragraphs (3) and (4).

In paragraph (1)(a) for “on the first day” to “the date of that supersession” substitute “at the relevant date”.

Omit paragraphs (2), (3), (8) and (9).

For this regulation substitute –

“Capital Limit

45.  For the purposes of Regulations 5(2)(e) and 6(1)(a) of the Travelling Expenses and Remission of Charges (Northern Ireland) Regulations 2004 the capital limit is –

(a)for a claimant under 60, or if the claimant has a partner, where both are under 60 – £8,000

(b)for a claimant permanently residing in accommodation as defined in Regulation 19A – £20,000; and

(c)for a claimant aged 60 or over, or if the claimant has a partner, where either or both are 60 or over, and neither is permanently residing in accommodation as defined in Regulation 19A – £12,250.”.

In paragraph (2) omit the words from “Except” to “applies”.

In paragraph (5) omit the words “Subject to paragraph (6),”.

Omit paragraphs (6) and (10)(a) and (b).

In paragraph (1A) for “£10,000” on each occasion it appears, substitute “£12,250” and for “£16,000” substitute “£20,000”.

For paragraph (1B) substitute –

“(1B) For the purposes of paragraph (1A) and regulation 45, the prescribed circumstances are that the claimant lives permanently in accommodation as set out in Regulation 19A.”.

In paragraph (3) for the references to “48 and 60” substitute “25 and 48.”

In paragraph (3) from the beginning to the words “shall be apportioned” substitute “Subject to paragraph (3A), a student’s grant income shall be apportioned”.

In paragraph (3)(a) for “in the period beginning with the benefit week”, to “the last day of which coincides with, or immediately precedes, the last day of the period of study” substitute “in that period”.

In paragraph (3)(b) for “in the period beginning with the benefit week”, to “the last day of the period for which it is payable,” substitute “in respect of which it is payable”.

In paragraph (3A) omit “under the provisions referred to in paragraph (3)” and “or, if there are 53 benefit weeks (including part-weeks) in the year, 53”.

Omit paragraph (3B).

In paragraph (4), for “the weeks in the period beginning with the benefit week”, to “the last day of the period of experience” substitute “the remaining weeks in that period”.

For the words “No part” substitute “(1) Subject to paragraph (2), no part”.

After paragraph (1) insert the following paragraph –

“(2) For the purposes of this regulation and paragraph 15 of Schedule 9, “voluntary payment” shall not include any payment made by a person whose income the Department or an education authority –

(a)would take into account in assessing the amount of a student’s grant or student’s loan if an application for it were to be made; or

(b)has taken into account in assessing the amount of a student’s grant or student’s loan and which is in excess of contributions as assessed by the Department or an education authority.”.

For paragraph (2) substitute –

“(2) In calculating the weekly amount of the loan to be taken to be taken into account as income –

(a)except where sub-paragraph (b) applies, the loan shall be apportioned equally between the 52 weeks in the academic year;

(b)in the case of a loan which is payable in respect of the final academic year of the course or if the course is only of one academic years duration, in respect of that year the loan shall be apportioned equally between the weeks in the period beginning with the start of the final academic year, or as the case may be, the single academic year and ending with the last day of the course, and, in the case of a person to whom paragraph (2A), (2B) or (2C) applies from the weekly amount so apportioned there shall be disregarded £10.”.

After paragraph (2) insert the following paragraphs –

“(2A) This paragraph applies to a student whose applicable amount includes any premium specified in Parts II and III of Schedule 2.

(2B) This paragraph applies where the claimant is a student to whom paragraph 12 of Schedule 1B applies.

(2C) This paragraph applies where the student is a partner of a claimant is not also a student.”.

In paragraph 4(2) after “disability premium” insert “or higher pensioner premium”.

In paragraph 4 omit sub-paragraphs (3), (4), and (7).

In paragraph 6A(1) for “none of paragraphs 4 to 6 applies” substitute “paragraph 4 does not apply”.

In paragraph 7(1) for the words “none of paragraphs 4 to 6B” substitute “none of paragraphs 4 or 5 or 6A or 6B”.

In paragraph 8 omit “part-time”.

After paragraph 8 insert the following paragraph –

“(8A) In a case in which none of paragraphs 4 to 8 applies to the claimant and he is one of a married or unmarried couple and a member of that couple is engaged in employment, £10; but if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £10.”.

In paragraph 9 for “8” substitute “8A”.

Omit paragraphs 6, 10, 13 and 16.

In paragraph 15, in sub-paragraph (1) omit the references to “paragraph 37”, and omit sub-paragraph (3)(b).

In paragraph 16 for “paragraphs 36 and 37” substitute “paragraph 36”.

In paragraph 19(a) for “£4·00” substitute “£20·00” and omit sub-paragraph (b).

For paragraph 21(1) substitute “Subject to sub-paragraph (2), any income in kind.”.

Omit paragraph 21(3).

In paragraph 28 omit the words “Except” to “return to work)”.

For paragraph 29(1) substitute the following paragraph –

“(1) Subject to sub-paragraph (2), any payment received under an insurance policy taken out to insure against the risk of being unable to maintain payments of housing costs which qualify under paragraph 17(1)(zb) or (zc) of Schedule 3, or for repairs or improvements to the dwelling occupied as the home to the extent that it is used to meet –

(a)repayments of unsecured loans for the purposes of carrying out repairs and improvements to the dwelling occupied as the home; or

(b)any amount due by way of premiums on that policy.”.

Omit paragraphs 30, 34 and 37.

After paragraph 73 insert the following paragraph –

“73A.  Any payment of State Pension Credit Savings Credit as defined in Sections 1 and 3 of the State Pensions Credit Act (Northern Ireland) 2002.”.

In paragraph (1) omit the words “or with whom a claimant normally resides”.

In paragraph 2B omit the words “subject to paragraph (2C)”.

Omit paragraph (2C).

In paragraph (1) for the words from “18 to 22A” to “urgent cases)” substitute “18, 19A and 21”.

Omit paragraphs (1)(bb) and (g).

In paragraph (1)(e) omit the words “mortgage interest payments or” and “other”.

In paragraph (1) for the words from “regulations 21 to 22A” to “urgent cases)” substitute “regulations 19 and 21 (Special Cases)”.

Omit paragraph (1)(cc) and (h).

As if for paragraph (1) there were substituted the following paragraph –

“(1) Where –

(a)the claimant lives in a residential care home or nursing home; or

(b)if the claimant is a member of a family, he and the members of his family live in such a home,

his weekly applicable amount shall, except in a case to which Part II of Schedule 4 (persons to whom regulation 19 does not apply) applies, be calculated in accordance with Part I of that Schedule.”.

Omit paragraphs (1ZB) to (1ZH).

As if in the definition of “residential care home” in paragraph (2) there were added at the end –

“(d)in which accommodation is provided under Articles 15, 36 and 36A of the 1972 Order (provision of accommodation)”.

In paragraph (1) omit the words from “Subject to” to “amounts)”.

In paragraph (3) omit the definition of “partner of a person subject to immigration control”.

In paragraph (3) omit the definition of “person from abroad”.

Omit paragraphs (1B), (2), (3A), (3B), (3C), (3D), (4), (4A), (4B) and (5).

In column (1) of the Table for sub-paragraphs (1) to (3) substitute –

“(1) Single person aged not less than 25;

(2) Single person aged not less than 60;

(3) Lone Parent;

(4) Single person aged less than 25;

(5) Couple;

(6) Couple, where at least one partner is aged not less than 60.”.

In column (2) of the Table (amounts) insert –

“(a)against sub-paragraph (1) of column (1), the amount prescribed in paragraph (1)(e) of column (2) in the unmodified regulations;

(b)against sub-paragraph (2) of column (1), the amount prescribed in regulation 6(1)(b) of the State Pension Credit Regulations;

(c)against sub-paragraph (3) of column (1), the amount prescribed in paragraph (1)(e) of column (2) in the unmodified regulations;

(d)against sub-paragraph (4) of column (1), the amount prescribed in paragraph (1)(d) of column (2) in the unmodified regulations;

(e)against sub-paragraph (5) of column (1), the amount prescribed in paragraph (3)(d) of column (2) in the unmodified regulations.

(f)against sub-paragraph (6) of column (1), the amount prescribed in regulation 6(1)(a) of the State Pension Credit Regulations.”.

Omit paragraphs 1A, 2A, 6(2), 9, 9A, 10, 12(1)(c), 12(4), 15(2), 15(2A) and 15(3).

In paragraph 2(1) omit “for the relevant period specified in column (1)”.

In paragraph 3(1)(a) omit the words from “to whom” to “(3) apply” and omit sub-paragraphs (2) to (7).

For paragraph 11(b) substitute the following sub-paragraph –

“(b)where the claimant has a partner and both are aged less than 60 and the additional condition specified in paragraph 12 is satisfied by at least one of them.”.

In cross heading to paragraph 12, omit “Higher Pensioner and”.

In paragraph 12(1)(a)(i) for the words “long term incapacity benefit” substitute “incapacity benefit, where that the claimant or his partner has been in receipt of that benefit for at least 28 weeks,” and omit the words from “but, in the case” to “in respect of him”.

In paragraph 12(1)(b) after the words “the claimant” insert “or, as the case may be, his partner” and for sub-head (ii) substitute the following sub-head –

“(ii)has been so entitled or so incapable for a continuous period of at least 28 weeks.”.

In paragraph 12(1)(d)(ii) delete “higher pensioner premium or”.

In paragraph 12(6) after “sub-paragraph (1(a)(i)” delete “and (c)(i)” and for “long-term incapacity benefit” substitute “incapacity benefit, notwithstanding the requirement that the claimant or his partner has been in receipt of that benefit for at least 28 weeks,”.

In paragraph 13(2)(a)(ii) and 13(2)(b)(iii) for “normally residing” substitute the words “residing with him” and delete “or with whom he is normally residing”.

In paragraph 1(1)(b) for “paragraphs 15 to 17” substitute “paragraph 17”.

For paragraph 1(2) substitute –

“(2) In this Schedule “period of study” has the meaning specified in regulation 61 (Interpretation)”.

For paragraph 1(3) substitute –

“(3) For the purposes of this Schedule a disabled person is a person –

(a)who satisfies a condition specified in paragraph 12(1)(a) or (b) of Schedule 2 and whose capital does not exceed the capital limit; or

(b)who is aged 75 or over and whose capital does not exceed the capital limit; or

(c)in respect of whom a disabled child premium is included in his applicable amount or the applicable amount of a person living with him.”.

For paragraph 2(1)(c) substitute –

“(c)he in practice shares the housing costs with other members of the household where no member of that household who is liable to meet those costs is a close relative of the claimant or his partner and it is reasonable in the circumstances that the claimant should be treated as sharing responsibility for those costs.”.

Omit paragraphs 1A, 2(2), 3(7) to (10), 6 to 16 and 18(7)(e).

In paragraph 3(12) for “not exceeding” substitute “is not likely to exceed”;

For paragraph 4 substitute –

“Housing costs not met under this Schedule

4.  No amount may be met under the provisions of this Schedule where the claimant is in accommodation which is a residential care home or nursing home except where he is in such accommodation during a temporary absence from the dwelling he occupies as his home and, in so far as they relate to temporary absences, the provisions of paragraph 3(11) and (12) apply to him during that absence.”.

In paragraph 17 –

In sub-paragraph (2) omit head (c) and for “Subject to” to “amounts” substitute “Subject to sub-paragraphs (3), (3A), and (3B), the deductions to be made from the weekly amounts in respect of the housing costs specified in heads (za) and (a) to (c) of sub-paragraph (1)” and in head (a) omit the words from “unless the claimant” to the end of the head.

After sub-paragraph (3) insert the following new sub-paragraphs –

“(3A) Subject to sub-paragraph (3B), where arrangements are made for the housing costs mentioned in heads (za) and (a) to (c) of sub-paragraph (1) payable in respect of a period of study, to be paid irregularly or so that –

(a)no such costs are payable for or collected in the Christmas or Easter vacation within a period of study, or

(b)the costs in respect of the Christmas or Easter vacations within a period of study vary from those in the rest of that period of study.

the weekly amount shall be the amount payable in respect of a period of study divided by the number of weeks in that period of study.

(3B) Where the housing costs, to be calculated in accordance with sub-paragraph (3A) are subject to a deduction in accordance with sub-paragraph (2)(a) or (b), as the case may be, the weekly amount of the deduction shall be the proportion of the deduction calculated in accordance with sub-paragraph (2)(a) or (b), as the number of weeks in the period of study, excluding Christmas and Easter vacations, bears to the number of weeks in the period of study.”.

For paragraph 18(7)(f) substitute –

After Schedule 3B insert the following Schedule –

“SCHEDULE 4AAPPLICABLE AMOUNTS OF A PERSON IN ACCOMMODATION WITHIN THE MEANING OF REGULATION 19A.

1.—(1) The applicable amount of a claimant to whom regulation 19A applies shall be the aggregate of –

(a)subject to paragraphs 1(2) and 2, the weekly charge for the accommodation, including all meals and services provided for him or, if he is a member of a family, for him and his family increased, where appropriate, in accordance with paragraph 2; and

(b)a weekly amount for personal expenses for him and, if he is a member of a family, for each member of his family determined in accordance with paragraph 2,

(2) Except where otherwise provided, no amount shall be included in respect of a child or young person who is a member of the claimants family if the capital of that child or young person calculated in accordance with Part V in like manner as for the claimant would exceed £3,000.

2.—(1) The allowance for personal expenses for the claimant and his partner (where appropriate) shall be that set out in Schedule 8A of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 at paragraph 4(2A)(a).

(2) Where the claimant has a dependant child or children residing with him, the personal expenses allowed for each dependant shall be those set out in Schedule 8A of the Social Security Claims and Payments Regulations (Northern Ireland) 1987 at paragraph 4(2A)(a).”.

Omit the references in paragraph 1 to sub-paragraph (g) of regulation 17(1) and sub-paragraph (h) of regulation 18(1).

Omit both columns of paragraphs 6, 7, 10A, 10B, 14A, 15 and 17A.

After paragraph 10 insert the following paragraph –

Any amount applicable to the claimant under paragraphs 1(1)(a), and (b) of Schedule 4A, determined as if he were a single claimant plus –