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(a) for the definition of "dwelling occupied as the home"[8] there shall be substituted the following definition -

" "dwelling occupied as the home" means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with -
(a) any agricultural land adjoining that dwelling, and

(b) any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;";



(b) the definition of "premises"[9] shall be omitted.

Amendment of the Housing Benefit (General) Regulations
     3.  - (1) The Housing Benefit (General) Regulations (Northern Ireland) 1987[10] shall be amended in accordance with paragraphs (2) and (3).

    (2) In regulation 2(1) (interpretation) -

(a) after the definition of "disability living allowance"[11] there shall be inserted the following definition -

" "dwelling occupied as the home" means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with -
(a) any agricultural land adjoining that dwelling, and

(b) any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;";



(b) the definition of "premises"[12] shall be omitted.

    (3) In Schedule 5 (capital to be disregarded) -

(a) for paragraph 1[13] there shall be substituted the following paragraph -

     " 1. The dwelling occupied as the home but, notwithstanding regulation 19 (calculation of income and capital of members of claimant's family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.";

(b) paragraph 24(1)[14] shall be renumbered as paragraph 24 and sub-paragraph (2) shall be omitted.

Amendment of the Jobseeker's Allowance Regulations
     4. In regulation 1(2) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996[15] (interpretation) for the definition of "dwelling occupied as the home" there shall be substituted the following definition -

" "dwelling occupied as the home" means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with -
(a) any agricultural land adjoining that dwelling, and

(b) any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;".

Amendment of the State Pension Credit Regulations
     5. In regulation 1(2) of the State Pension Credit Regulations (Northern Ireland) 2003[16] (citation, commencement and interpretation) -

(a) for the definition of "dwelling occupied as the home" there shall be substituted the following definition -

" "dwelling occupied as the home" means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with -
(a) any agricultural land adjoining that dwelling, and

(b) any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;";



(b) in Schedule 5 (income from capital) in paragraph 6 for sub-paragraph (2) there shall be substituted the following sub-paragraph -

    " (2) In this paragraph "dwelling" means the dwelling occupied as the home formerly so occupied by the claimant.".

Amendment of the Housing Benefit (State Pension Credit) Regulations
     6. In Schedule 2 to the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003[17], in the Third Schedule (which is to have effect as Schedule 5ZA of the Housing Benefit (General) Regulations (Northern Ireland) 1987 -

(a) in Part I (capital to be disregarded) paragraph 6(1) shall be renumbered as paragraph 6 and sub-paragraph (2) shall be omitted;

(b) in Part II (capital disregarded only for the purposes of determining deemed income) paragraph 29 shall be omitted.

Sealed with the Official Seal of the Department for Social Development on


12th February 2004.

L.S.

John O'Neill
A Senior Officer of the Department for Social Development


The Department of Finance and Personnel hereby consents to regulations 3 and 6 of the foregoing Regulations.



Sealed with the Official Seal of the Department of Finance and Personnel on


13th February 2004.

L.S.

Ciaran Doran
A Senior Officer of the Department of Finance and Personnel

[2] S.I. 1995/2705 (N.I. 15)back

[3] See Article 8(b) of S.R. 1999 No. 481back

[4] 2002 c. 14 (N.I.)back

[5] See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481back

[6] 1954 c. 33 (N.I.)back

[7] S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 Nos. 146 and 193 and S.R. 2003 No. 154back

[8] Definition of "dwelling occupied as the home" was substituted by regulation 2(a) of S.R. 1988 No. 146back

[9] Definition of "premises" was inserted by regulation 2(c) of S.R. 1988 No. 146back

[10] S.R. 1987 No. 461; relevant amending Regulations are S.R. 1988 Nos. 117, 186 and 314, S.R. 1989 No. 125, S.R. 1992 No. 6 and S.R. 2003 Nos. 197 and 418back

[11] Definition of "disability living allowance" was inserted by regulation 11(2) of S.R. 1992 No. 6back

[12] Definition of "premises" was inserted by regulation 2(b) of S.R. 1988 No. 117 and amended by regulation 2 of S.R. 1988 No. 186back

[13] Paragraph 1 was substituted by regulation 10 of S.R. 1988 No. 117back

[14] Paragraph 24 was added by regulation 5 of S.R. 1988 No. 186 and amended by regulation 8(a) of S.R. 1988 No. 314 and regulation 12 of S.R. 1989 No. 125back

[15] S.R. 1996 No. 198; to which there are amendments not relevant to these Regulationsback

[16] S.R. 2003 No. 28back

[17] S.R. 2003 No. 197back

  © Crown copyright 2004