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The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003

Type Ni-Statutory-Rule
Publication 2003-09-24
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
Reform history JSON API PDF

Made: 24th September 2003

Coming into operation: 6th October 2003

The Department for Social Development, in exercise of the powers conferred on it by sections 5(1)(h), (hh) and (2A) and 165(1), (4)(a) and (6) of the Social Security Administration (Northern Ireland) Act 1992[^f00001], Articles 11(3) and (6) and 74(1) of the Social Security (Northern Ireland) Order 1998[^f00002], section 115(3) and (4) of the Immigration and Asylum Act 1999[^f00003] and sections 1(5), 2(6), 12(2) and (3), 13(1), 15(1)(e) and (j), 15(2), (4), (6)(b) and (d) and 17(2)(a) of the State Pension Credit Act (Northern Ireland) 2002[^f00004], and now vested in it[^f00005], and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

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Amendment of the State Pension Credit Regulations

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  • “adoption leave” means a period of absence from work on ordinary or additional adoption leave in accordance with Article 107A or 107B of the Employment Rights (Northern Ireland) Order 1996[^f00009];

(e) a person in Northern Ireland who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.

(c) that – (i) the Department has sent the claimant the notification required by regulation 32(6)(a) of the Claims and Payments Regulations, and (ii) the claimant has not provided sufficient information to enable the Department to determine whether there will be any variation in the claimant’s retirement provision throughout the period of 12 months beginning with the day following the day on which the previous assessed income period ends.

(h) any income in lieu of that specified in – (i) paragraphs (a) to (i) of section 15(1) of the Act, or (ii) in this regulation; (i) any payment of rent made to a claimant who – (i) owns the freehold or leasehold interest in any property or is a tenant of any property; (ii) occupies part of that property, and (iii) has an agreement with another person allowing that person to occupy that property on payment of rent.

(11) In the case of the earnings of self-employed earners, the amounts specified in paragraph (10) shall be taken into account in accordance with paragraph (4) or, as the case may be, paragraph (10) of regulation 13 of the Computation of Earnings Regulations, as having effect in the case of state pension credit.

(17) Any special war widows payment made under – (a) the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865[^f00013]; (b) the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977[^f00014]; (c) the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917[^f00015]; (d) the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980[^f00016]; (e) the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980[^f00017], and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e). (18) Except in the case of income from capital specified in Part II of Schedule 5, any actual income from capital.

(1A) The dwelling occupied by the claimant as his home but only one home shall be disregarded under this paragraph.

(d) by way of any payment made by the Northern Ireland Housing Executive to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

(h) an increase of a disablement pension under section 104 of the Contributions and Benefits Act (increase where constant attendance needed), and any further increase of such a pension under section 105 of that Act (increase for exceptionally severe disablement);

(20A) (1) Subject to sub-paragraph (3), any payment of £5,000 or more to which paragraph 20(1)(a), (b) or (c) applies, which has been made to rectify, or to compensate for, an official error relating to a relevant benefit and has been received by the claimant in full on or after the day on which he became entitled to benefit under these Regulations. (2) Subject to sub-paragraph (3), the total amount of any payment disregarded under – (a) paragraph 7(2) of Schedule 10 to the Income Support Regulations[^f00020]; (b) paragraph 12(2) of Schedule 7 to the Jobseeker’s Allowance Regulations[^f00021], or (c) paragraph 8(2) of Schedule 5 or paragraph 21A of Schedule 5ZA to the Housing Benefit (General) Regulations (Northern Ireland) 1987[^f00022], where the award during which the disregard last applied in respect of the relevant sum either terminated immediately before the relevant date or is still in existence at that date. (3) Any disregard which applies under sub-paragraph (1) or (2) shall have effect until the award comes to an end. (4) In this paragraph – - “the award”, except in sub-paragraph (2), means –the award of state pension credit under these Regulations during which the relevant sum or, where it is received in more than one instalment, the first instalment of that sum is received, orwhere that award is followed immediately by one or more further awards which begins immediately after the previous award ends, such further awards until the end of the last award, provided that, for such further awards, the claimant –is the person who received the relevant sum;is the partner of that person, orwas the partner of that person at the date of his death; - “official error” –where the error relates to housing benefit, has the meaning given by regulation 1(2) of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[^f00023], andwhere the error relates to any other relevant benefit, has the meaning given by regulation 1(2) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[^f00024]; - “the relevant date” means the date on which the claimant became entitled to benefit under the Act; - “relevant benefit” means any benefit specified in paragraph 20(2); and - “the relevant sum” means the total payment referred to in sub-paragraph (1) or, as the case may be, the total amount referred to in sub-paragraph (2).

(2B) Where only one member of a couple is in employment specified in paragraph 2(2), so much of the earnings of the other member of the couple as would not, in aggregate with the earnings disregarded under paragraph 2, exceed £20.

Amendment of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations

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In regulation 34 of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003[^f00026] (persons entitled to income support immediately before the appointed day) –

(7A) Notwithstanding the provisions of paragraph (7), where the relevant change of circumstances is that the transferee becomes a patient[^f00027] again within the same benefit week in which he ceased to be a patient, the superseding decision in respect of becoming a patient again shall take effect from the first day of the benefit week following the benefit week in which the change occurs.

Amendment of the Social Security (Claims and Payments) Regulations

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In regulation 32(6)[^f00028] of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00029] (information to be given and changes to be notified) –

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

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(l) is a relevant decision for the purposes of section 6 of the State Pension Credit Act in a case where – (i) the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations has not been provided in accordance with the time limits set out in regulation 32(6)(c) of those Regulations; (ii) the Department was prevented from specifying a new assessed income period under regulation 10(1) of the State Pension Credit Regulations, and (iii) the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations has since been provided.

(28A) A decision to which regulation 6(2)(k) applies, where – (a) the decision is advantageous to the claimant, and (b) the information and evidence required under regulation 32(1) of the Claims and Payments Regulations has not been provided within the period allowed under that regulation, shall take effect from the day the information and evidence required under that regulation is provided if that day is the first day of the claimant’s benefit week, but, if it is not, from the next following such day. (28B) A decision to which regulation 6(2)(k) applies, where – (a) the decision is disadvantageous to the claimant, and (b) the information and evidence required under regulation 32(1) of the Claims and Payments Regulations has not been provided within the period allowed under that regulation, shall take effect from the day after the period allowed under that regulation expired. (28C) Except where there is a change of circumstances during the period in which the Department was prevented from specifying a new assessed income period under regulation 10(1) of the State Pension Credit Regulations, a decision to which regulation 6(2)(l) applies shall take effect from the day on which the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations was provided.

(5) In a case where the relevant circumstance is that the claimant ceased to be a patient, if he becomes a patient again in the same benefit week, the superseding decision in respect of ceasing to be a patient shall take effect from the first day of the week in which the change occurred.

Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations

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In regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000[^f00034] (persons not excluded from specified benefits under section 115 of the Act) –

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