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

(8) In this regulation, “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.

Amendment of the Social Security (Child Maintenance Bonus) Regulations

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In regulation 8 of the Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996⁹⁹ (retirement) –

• (a) in paragraph (2), for “income support”, in both places where it occurs, there shall be substituted “state pension credit”; and

• (b) after paragraph (2), there shall be inserted the following paragraph –

(2A) In paragraph (2), “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.

Amendment of the Jobseeker’s Allowance Regulations

32

In Schedule 2 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996¹⁰⁰ (housing costs) –

• (a) in paragraph 6(3)¹⁰¹, after “income support” there shall be inserted “or state pension credit”;

• (b) in paragraph 13¹⁰², after sub-paragraph (15), there shall be added the following sub-paragraph –

(16) For the purpose of determining whether the linking rules set out in this paragraph apply in a case where a claimant’s former partner was entitled to state pension credit, any reference to income-based jobseeker’s allowance in this Schedule shall be taken to include also a reference to state pension credit.

• (c) in paragraph 17(1)¹⁰³, for heads (a) and (b), there shall be substituted the following heads –

(a) in respect of a non-dependant aged 18 or over who is engaged in any remunerative work but is not in receipt of state pension credit, £47.75; (b) in respect of a non-dependant who is engaged in remunerative work and in receipt of state pension credit, £7.40; (c) in respect of a non-dependant aged 18 or over to whom neither head (a) nor head (b) applies, £7.40.

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations

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• (1) The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001¹⁰⁴ shall be amended in accordance with paragraphs (2) to (4).

• (2) In regulation 1(2) (interpretation), after the definition of “self-employed earner” there shall be inserted the following definition –

• “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002;

• (3) In regulation 4(2) (flat rate), after sub-paragraph (b) there shall be added –

and (c) state pension credit.

• (4) In regulation 5(1) (nil rate), after sub-paragraph (g) there shall be inserted the following sub-paragraph –

(gg) a patient in hospital who is in receipt of state pension credit and in respect of whom paragraph 2(1) of Schedule 3 to the State Pension Credit Regulations (Northern Ireland) 2003¹⁰⁵ (patient for at least 13 but not exceeding 52 weeks) applies;

PART VI — TRANSITIONAL PROVISIONS

Persons entitled to income support immediately before the appointed day

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• (1) This regulation applies in the case of any person (referred to as “the transferee”) who –

• (a) immediately before the appointed day, is entitled to income support, and

• (b) attains or has attained the qualifying age on or before the appointed day.

• (2) The transferee shall be treated as having made a claim for state pension credit in the period of 6 months immediately preceding the appointed day.

• (3) The Department shall, so far as practicable, decide before the appointed day a claim for state pension credit treated as made under paragraph (2).

• (4) A decision of the Department made in accordance with paragraph (3) may be revised by the Department at any time within the period of 13 months commencing on the date of notification of the decision if an application is made by the claimant to the Department or a person acting on his behalf to the Department for the decision to be revised.

• (5) For the purposes of section 9 of the Act (duration of assessed income period), the decision of the Department takes effect on the appointed day.

• (6) Notwithstanding the provisions of regulation 26B(4) of the Claims and Payments Regulations¹⁰⁶, state pension credit may in the case of a transferee be payable in arrears if the income support to which he was entitled before the appointed day was paid in arrears.

• (7) In the case of a transferee to whom paragraph (6) applies, any decision under Article 11 of the 1998 Order which –

• (a) supersedes a decision awarding state pension credit to a transferee, and

• (b) is made on the grounds that there has been a relevant change of circumstances since the decision was made or that it is anticipated that a relevant change of circumstances will occur,

shall take effect from the first day of the benefit week in which the change occurs or is expected to occur.

• (8) For the purpose of paragraph (7), “benefit week” means the period of 7 days ending on the day on which, in the claimant’s case, state pension credit is payable.

• (9) Any payment made to a transferee to whom paragraph (10) applies –

• (a) in respect of a period falling on or after the appointed day;

• (b) which would have been payable under an award of income support but for the coming into operation of the Act,

shall be offset against any state pension credit payable under an award on or after 6th October 2003 on a claim treated as made under paragraph (2).

• (10) This paragraph applies to a transferee in respect of whom no decision has been made on his claim for state pension credit which is treated as having been made in accordance with paragraph (2).

• (11) If the Department determines that no state pension credit is payable, or that the amount payable is less than the payments referred to in paragraph (9), the Department shall determine the amount of the overpayment.

• (12) The amount of any overpayment determined in accordance with paragraph (11) shall be recoverable by the Department by the same procedures and subject to the same conditions as if it were recoverable under section 69(1) of the Administration Act.

• (13) Where the transferee –

• (a) has, immediately before the appointed day, an award of income support payable by direct credit transfer in accordance with regulation 21 of the Claims and Payments Regulations, and

• (b) state pension credit is payable or treated as payable to him as from the appointed day,

the state pension credit shall be paid by direct credit transfer into the same bank or other account as the payment of income support, and for this purpose, any application made or treated as made and any consent given or treated as given in relation to the payment of income support shall be treated as made or given in relation to the payment of state pension credit.

• (14) Where –

• (a) the transferee had immediately before the appointed day an award of income support from which deductions were made or where part of the benefit was paid to a third party in accordance with –

• (i) regulation 34ZA of, and Schedule 8B to, the Claims and Payments Regulations (mortgage interest payments), or

• (ii) regulation 34A of, and Schedule 8C to, those Regulations (deductions which may be made and payments to third parties), and

• (b) state pension credit is payable or treated as payable to the transferee as from the appointed day,

then as from the appointed day, those deductions shall be made from the transferee’s state pension credit and those payments of part of the benefit shall continue to be made to the third party in accordance with those provisions.

• (15) Except where paragraph (16) applies, in the case of a transferee who or whose partner, on the appointed day, has been a patient for more than 6 weeks but not more than 13 weeks, paragraph 2 of Schedule 3 to the State Pension Credit Regulations shall have effect as if for the references to “13 weeks” there were substituted references to “6 weeks”.

• (16) Paragraphs (17) to (19) apply only in relation to a transferee whose applicable amount immediately before the appointed day was determined in accordance with paragraph 13(2) of Schedule 7 to, the Income Support (General) Regulations (Northern Ireland) 1987¹⁰⁷ (“the Income Support Regulations”) (persons in residential accommodation who become patients).

• (17) Where a transferee is a patient on the appointed day and continues to be a patient after that day, section 2(3) of the Act has effect for so long as the transferee continues to be a patient with the substitution for the reference to the standard minimum guarantee in paragraph (a) of the amount which is for the time being specified as the applicable amount in column (2) of paragraph 13(2) of Schedule 7 to, the Income Support Regulations less the amount applicable under regulation 17(1)(f) or (g) of those Regulations.

• (18) Where a transferee –

• (a) ceases to be a patient on or after the appointed day but again becomes a patient no more than 28 days after the last day on which he was previously a patient, and

• (b) was in residential accommodation (as defined for the purposes of the Income Support Regulations) immediately before again becoming a patient,

section 2(3) of the Act has effect when the transferee again becomes a patient with the substitution for the reference to the standard minimum guarantee in paragraph (a) of the amount which is for the time being specified as the applicable amount in column (2) of paragraph 13(2) of Schedule 7 to the Income Support Regulations less the amount applicable under regulation 17(1)(f) or (g) of those Regulations.

• (19) Where a transferee –

• (a) ceases to be a patient on or after the appointed day but again becomes a patient no more than 28 days after the last day on which he was previously a patient;

• (b) was not in accommodation referred to in paragraph (18)(b) immediately before again becoming a patient, and

• (c) has been a patient for a total period of more than six weeks,

section 2(3) of the Act shall have effect when the transferee again becomes a patient with the substitution for the reference to the standard minimum guarantee in paragraph (a) of a reference to an amount determined by taking the amount for the time being specified in regulation 6(1)(a) of the State Pension Credit Regulations and reducing it by an amount equal to 20 per cent. of the weekly rate of the basic pension for the time being specified in section 44(4) of the Contributions and Benefits Act¹⁰⁸.

Assessed income period

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• (1) A person to whom paragraph (2) applies shall have an assessed income period allotted to him by the Department of at least 5 years but not exceeding 7 years beginning on the day the decision takes effect, unless regulation 10(1) of the State Pension Credit Regulations applies in his case.

• (2) This paragraph applies to the first assessed income period specified in respect of a person who –

• (a) attains or has attained the age of 65 or whose partner attains or has attained that age on or before the appointed day, and

• (b) is awarded state pension credit with effect from the appointed day.

Claims for state pension credit

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• (1) A claim for state pension credit may be made before the appointed day by a person who is not in receipt of income support at the time the claim is made.

• (2) Where the Department is satisfied that unless there is a change in the claimant’s circumstances before the appointed day he will satisfy the conditions for entitlement to state pension credit on that day, then the Department may –

• (a) treat that claim as if made for a period beginning with the appointed day, and

• (b) award benefit accordingly, but subject to the condition that the claimant does in fact satisfy those conditions when benefit becomes payable under the award.

• (3) A decision under paragraph (2)(b) to award benefit may be revised under Article 10 of the 1998 Order if the requirements for entitlement to state pension credit are found not to have been satisfied on the appointed day.

• (4) A claim for state pension credit made in the period of 12 months beginning with the appointed day may be treated as made on that day if the claimant satisfied the conditions for entitlement to state pension credit on that day.

• (5) A person who does not fall within paragraph (4) –

• (a) solely because he does not satisfy the conditions for entitlement to state pension credit on the appointed day, but

• (b) does satisfy those conditions on a day after the appointed day but before the day on which the claim is received by the Department,

shall be treated as having made the claim on the day the conditions were first satisfied in his case.

• (6) A claim for income support made in the period of 6 months preceding the appointed day may be treated also as a claim for state pension credit if the claimant –

• (a) is not entitled to income support, and

• (b) has attained the age of 60 on the date the claim is made or will have attained that age on the appointed day.

• (7) Paragraphs (2) and (3) shall apply to a claim treated as made under paragraph (6) as they apply to a claim made under paragraph (1).

• (8) In the case of a person who –

• (a) on the appointed day has attained the qualifying age;

• (b) was, within the period of 6 months preceding the appointed day, entitled to income support, and

• (c) was not entitled to income support on the day immediately preceding the appointed day,

that person shall be treated as having made a claim for state pension credit for a period beginning on the appointed day.

• (9) The Department may treat a claim for state pension credit made in accordance with paragraph (1) as also a claim for income support made on the same day.

Signed

Sealed with the Official Seal of the Department for Social Development on 24th March 2003.

D. A. Baker — Senior Officer of the — Department for Social Development

Explanatory note

(This note is not part of the Regulations.)

These Regulations are made either by virtue of, or in consequence of, provisions in the State Pension Credit Act (Northern Ireland) 2002 (c. 14) (“the Act”).

The amendments in Parts II, III, V and VI are consequential on the introduction of state pension credit.

Part VI contains transitional matters.

Part I provides for their citation, commencement and interpretation.

Part II amends the Social Security (Claims and Payments) Regulations (Northern Ireland)1987 so as to make separate provision for claims for, and payment of, state pension credit. Provision is made (regulation 4) for claims to be made by telephone or in person. Claims may be made at any time in the 4 months preceding the day a claimant attains the qualifying age for entitlement to state pension credit (regulation 6).

Regulation 5 provides that claimants may be required to provide information as to the likelihood of future changes in their circumstances.

Regulation 7 provides for the date on which entitlement to state pension credit is to begin and regulation 9 for the day on which, and the method by which the credit is to be paid.

Regulations 8, 10 to 12 and 14 apply provisions currently in the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 to state pension credit. Regulations 12 and 14 also prescribe the cases where payments of mortgage payments may be made directly to qualifying lenders in state pension credit cases as well as making some consequential amendments. In addition, regulation 14 modifies the rule as to when housing costs may be paid directly to such lenders where the claimant was previously in receipt of income support or jobseeker’s allowance. Regulation 13 provides that regulation 34B (transitional provisions relating to persons in hostels and certain residential accommodation) is not to apply to state pension credit.

Part III applies provisions of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 to state pension credit. Regulation 18 prescribes rules as to when superseding decisions may take effect where non-dependant deductions for housing costs purposes become applicable or the amount of a non-dependant’s income increases. Regulation 20 further provides that, where a claimant’s appropriate minimum guarantee includes a transitional amount, provisions in section 139B of the Social Security Administration (Northern Ireland) Act 1992 (inserted by the Act) relating to the effect of alterations affecting state pension credit, are not to apply. Regulation 22 makes provision as to the date from which a decision under Article 11 of the Social Security (Northern Ireland) Order 1998 (superseding decision) resulting from a change of circumstances takes effect.

Part IV makes changes to the State Pension Credit Regulations (Northern Ireland) 2003. It adds provisions –

• relating to part-weeks;

• relating to the rounding of fractions;

• as to the disregard of assets of any business owned by the claimant.

Part IV also prescribes how the transitional amount is to be calculated where a person’s applicable amount in respect of housing costs in income support and jobseeker’s allowance includes an amount for housing costs calculated on a transitional basis. It prescribes rules as to when amounts of loans used to calculate housing costs shall be recalculated and makes changes to the rules on disregarded income and capital. It also makes other minor amendments and certain other clarifications.

Part V adds references to state pension credit to –

• the Income Support (General) Regulations (Northern Ireland) 1987;

• the Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987;

• the Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988;

• the Social Fund (Recovery by Deductions from Benefits) Regulations (Northern Ireland) 1988;

• the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988;

• the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992;

• the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992;

• the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992;

• the Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 1996;

• the Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996;

• the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;

• the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001.

Part V also makes amendments to the Income Support (General) Regulations (Northern Ireland) 1987 consequential upon the Act which removes from entitlement to state pension credit those who have attained the qualifying age for the purposes of state pension credit.

Part VI makes transitional provisions. Regulation 34 provides for those who were entitled to income support immediately before the Act comes into operation to be treated as making a claim for state pension credit and for the determination of that claim. Regulation 35 makes provision for variable assessed income periods. Regulation 36 provides that a person not in receipt of income support may claim state pension credit before provisions of the Act relating to entitlement are commenced.

The provisions of the Act, under which these Regulations are made, were brought into operation, for the purpose only of making regulations, on 2nd December 2002, by virtue of the State Pension Credit (2002 Act) (Commencement No. 1) Order (Northern Ireland) 2002 (S.R. 2002 No. 366 (C. 31)). Since the Regulations are made before the end of a period of 6 months from the commencement of the provision under which they are made, they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), from reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.

Footnotes

Editorial notes