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

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

[^f00001]: 1992 c. 7

[^f00002]: Section 5A was inserted by Article 68 of the Welfare Reform and Pensions (NI) Order 1999, (S.I. 1999/3147 (N.I. 11))

[^f00003]: Section 139B(1) was inserted by paragraph 15 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002

[^f00004]: 1992 c. 8; section 13A was inserted by paragraph 1 of the Schedule to, the Social Security (Mortgage Interest Payments) (Northern Ireland) Order 1992 (S.I.1992/1309 (N.I. 9)) and is applied to state pension credit by subsections (1A) and (2)(aa) of that section, inserted by paragraph 9 of Schedule 2 to, the State Pension Credit Act (Northern Ireland) 2002. Section 165(6) was amended by paragraph 86 of Schedule 6 to, the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

[^f00005]: 1995 No. 2705 (N.I. 15)

[^f00006]: 1995 No. 2702 (N.I. 13)

[^f00007]: Chapter II of Part II is applied to State Pension Credit by Article 9(3)(bb) and (4) as inserted and amended by paragraph 6 of Schedule 1 to the State Pension Credit Act (N.I.) 2002

[^f00008]: S.I. 1998/1506 (N.I. 10)

[^f00009]: See Article 8(b) of S.R. 1999 No. 481

[^f00010]: 2002 c. 14 (N.I.)

[^f00011]: See section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

[^f00012]: S.R. 1987 No. 465; relevant amending rules are S.R. 1988 Nos. 141 and 369, S.R. 1989 No. 398, S.R. 1990 No. 398, S.R. 1991 No. 488, S.R. 1992 Nos. 7, 271 and 453, S.R. 1993 Nos. 146 and 149, S.R. 1994 Nos. 345 and 456, S.R. 1995 Nos. 301 and 367, S.R. 1996 Nos. 354 and 432, S.R. 1997 Nos. 165 and 435, S.I. 1999/3147 (N.I. 11), S.R. 1999 Nos. 428 (C. 32) and 472(C. 36), S.R. 2000 No. 215, S.R. 2001 Nos. 22, 78, 108 and 175 and S.R. 2002 No. 132

[^f00013]: S.R. 1999 No. 162; relevant amending regulations are S.R. 1999 Nos. 267, 408 and 472, S.R. 2000 Nos. 215 and 365, S.R. 2001 Nos. 23 and 176 and S.R. 2002 Nos. 67 and 80

[^f00014]: 1954 c. 33 (N.I.)

[^f00015]: The definition of “personal pension scheme” was inserted by regulation 5(2) of S.R. 1995 No. 367

[^f00016]: The definition of “retirement annuity contract” was inserted by regulation 5(2) of S.R. 1995 No. 367

[^f00017]: S.R. 2003 No. 28

[^f00018]: Regulation 4B was inserted by regulation 3 of S.R. 2001 No. 175

[^f00019]: Section 5A was inserted by Article 68 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

[^f00020]: Paragraph 4 was added by regulation 5(3) of S.R. 1995 No. 367 and amended by regulation 2(6)(b) of S.R. 1996 No. 354

[^f00022]: Regulation 13C was inserted by regulation 8 of S.R. 1992 No. 7 and amended by Article 5(5) of S.R. 1999 No. 428 (C. 32)

[^f00023]: 1998 No. 1506 (N.I. 10)

[^f00027]: Regulation 26A was inserted by regulation 2(14) of S.R. 1996 No. 354 and amended by regulation 3(4) of S.R. 2000 No. 215

[^f00029]: Regulation 32 was amended by regulation 2(16)(a) of S.R. 1996 No. 354, regulation 6(3) of S.R. 1992 No. 453, regulation 5(4) of S.R. 1995 No. 367, regulation 2(16)(b) of S.R. 1996 No. 354 and paragraph 2(8) of Schedule 2 to S.R. 2001 No. 175

[^f00030]: Regulation 34ZA was inserted by regulation 2 of S.R. 1992 No. 271

[^f00031]: Schedule 8B was inserted by regulation 5 of S.R. 1992 No. 271

[^f00032]: Regulation 34B was inserted by regulation 5 of S.R. 1989 No. 398

[^f00033]: Paragraph 1 was amended by regulation 6(2)(b) of S.R. 1989 No. 40, regulation 6(7) of S.R. 1991 No. 488, paragraph 3(3) of Schedule 2 to S.R. 1993 No. 149, regulation 2(26)(a) of S.R. 1996 No. 354 and regulation 3(2) of S.R. 2002 No. 132

[^f00035]: Paragraph 5(7) was substituted by Article 9(2) of S.R. 1999 No. 472 (C. 36)

[^f00036]: Paragraph 8 was amended by regulation 7(10)(b) of S.R. 1990 No. 398, regulation 6(7)(f) of S.R. 1991 No. 488, regulation 2(4) of S.R. 1993 No. 146, regulation 2(8)(c) of S.R. 1996 No. 432, regulation 4(2)(a) of S.R. 1997 No. 165 and Article 9(2) of S.R. 1999 No. 472 (C. 36)

[^f00037]: Paragraph 2 was substituted by paragraph 3(2) of Schedule 3 to S.R. 1995 No. 301 and amended by regulation 2(27)(b) of S.R. 1996 No. 354

[^f00038]: Paragraph 3 was amended by paragraph 3(3) of S.R. 1995 No. 301, regulation 2(27) of S.R. 1996 No. 354, regulation 4(3)(b) of S.R. 1997 No. 165, Article 9(14) of S.R. 1999 No. 472 (C. 36) and regulation 11(3)(a) of S.R. 2001 No. 78

[^f00043]: Schedule 8C was inserted by regulation 2(3) of S.R. 2001 No. 22

[^f00044]: The definition of “the Arrears, Interest and Adjustment of Maintenance Assessment Regulations” was inserted by regulation 2(2)(a) of S.R. 2001 No. 23

[^f00045]: The definition of “relevant person” was inserted by regulation 2(2)(e) of S.R. 2001 No. 23

[^f00046]: 2002 c. 14 (N.I.)

[^f00047]: S.R. 2003 No. 28

[^f00051]: Section 139B was inserted by paragraph 15 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14) (N.I.)

[^f00052]: Schedule 2A was inserted by Schedule 1 to S.R. 2000 No. 215

[^f00053]: 2002 c. 21

[^f00054]: S.R. 1975 No. 109

[^f00055]: S.R. 2003/431 (N.I. 9)

[^f00056]: S.I. 1995/2705 (N.I. 15)

[^f00057]: S.R. 1995 No. 350

[^f00058]: Paragraph 7(6C) was inserted by regulation 3 of S.R. 1993 No. 311

[^f00059]: S.R. 1995 No. 86

[^f00060]: S.R. 1987 No. 461

[^f00061]: Definition of “official error” was substituted by paragraph 2(b) of Schedule 4 to S.R. 2001 No. 176 and amended by regulation 2(2)(a) of S.R. 2002 No. 189

[^f00062]: S.R. 1987 No. 459; relevant amending regulations are S.R. 1988 No. 146, S.R. 1989 Nos. 139, S.R. 1992 Nos. 6 and 147, S.R. 1994 No. 327, S.R. 1995 Nos. 67, 86 and 367, S.R. 1996 No. 199, S.R. 1997 No. 435, S.R. 1998 No. 342, S.R. 2000 Nos. 366 and 367 and S.R. 2002 No. 99

[^f00065]: Schedule 1B was inserted by regulation 22 and Schedule 1 to, S.R. 1996 No. 199

[^f00066]: Paragraph 9 was substituted by regulation 5(a) of S.R. 1989 No. 139

[^f00067]: Paragraph 9A was inserted by regulation 5(a) of S.R. 1989 No. 139

[^f00068]: Paragraph 10 was amended by regulation 30(a) of S.R. 1988 No. 146, regulation 10 of S.R. 1992 No. 147 and regulation 8(3)(a) of S.R. 1998 No. 324

[^f00069]: Paragraph 12(1)(c) was amended by regulation 10(4)(b)(ii) of S.R. 1992 No. 6, regulation 2(9)(a)(ii) of S.R. 1994 No. 327, regulation 2(12)(a)(i) of S.R. 1995 No. 67 and regulation 2(9) of S.R. 1995 No. 86

[^f00070]: S.R. 1975 No. 109

[^f00071]: Paragraph 13A was inserted by regulation 2(c)(ii) of S.R. 2000 No. 367

[^f00072]: Relevant amending regulations are Schedule 3 to S.R. 2002 No. 99

[^f00074]: Sub-paragraph 1B was inserted by regulation 2(4) of S.R. 1997 No. 435

[^f00075]: Sub-paragraph 1B was inserted by regulation 2(6) of S.R. 1997 No. 435

[^f00076]: S.R. 1987 No. 150

[^f00077]: S.R. 1988 No. 368

[^f00078]: S.R. 1988 No. 21

[^f00079]: 2002 c. 14

[^f00080]: S.R. 1988 No. 142; relevant amending regulations are S.R. 1988 No. 369, S.R. 1992 No. 6, S.R. 1993 No. 175, S.R. 1995 No. 150 and S.R. 1996 Nos. 289, 464 and 622, S.R. 1999 No. 472 (C. 36) and S.R. 2000 No. 266

[^f00081]: The definition of “benefit” was amended by regulation 4(2) of S.R. 1988 No. 369, regulation 21(2)(b) of S.R. 1995 No. 150 and regulation 15(2)(a) of S.R. 1996 No. 289

[^f00082]: Regulation 7(1) was amended by regulation 2(5)(a) of S.R. 1993 No. 175 and regulation 15(4) of S.R. 1996 No. 289

[^f00083]: Paragraph 4A was inserted by regulation 3(4)(b) of S.R. 1996 No. 464

[^f00087]: Regulation 8(2) was amended by regulation 15(3) of S.R. 1996 No. 289 and Article 11(5) of S.R. 1999 No. 472 (C.36)

[^f00088]: Regulation 13(b) was amended by regulation 15(3) of S.R. 1996 No. 289

[^f00089]: Regulation 14(1) was amended by regulation 15(5) of S.R. 1996 No. 289 and regulation 14(5) of S.R. 1992 No. 6

[^f00090]: Regulation 15(2)(d) was amended by regulation 3(3) of S.R. 1996 No. 464

[^f00091]: Regulation 17 was amended by regulation 15(5) of S.R. 1996 No. 289 and regulation 14(8) of S.R. 1992 No. 6

[^f00092]: S.R. 1992 No. 342; relevant amending regulations are S.R. 1995 No. 475, S.R. 1996 No. 289 and S.R. 2001 No. 15

[^f00093]: 2002 c. 14 (N.I.)

[^f00094]: Regulation 10A was inserted by regulation 5(3) of S.R. 1995 No. 475 and amended by regulation 22 of S.R. 1996 No. 289 and regulation 2(11) of S.R. 2001 No. 15

[^f00095]: Regulation 10B was inserted by regulation 2(12) of S.R. 2001 No. 15

[^f00096]: S.R. 1992 No. 20; regulation 8(6) was added by regulation 5(4)(b) of S.R. 1993 No. 149

[^f00097]: S.R. 1992 No. 32; regulation 10(8) was added by regulation 4(3)(b) of S.R. 1993 No. 149 and amended by regulation 18 of S.R. 1996 No. 289

[^f00098]: S.R. 1996 No. 519

[^f00099]: S.R. 1996 No. 622; regulation 8 is revoked, subject to transitional provisions, by regulation 4(1)(a) of S.R. 2001 No. 25, as substituted by regulation 2 of S.R. 2003 No. 57

[^f00100]: S.R. 1996 No. 198; relevant amending regulations are S.R. 1997 No. 3, S.R. 1997 No. 435 and S.R. 2001 No. 78

[^f00101]: Paragraph 6(3) was added by regulation 5(4) of S.R. 1997 No. 435

[^f00102]: In paragraph 13, sub-paragraphs 13, 14 and 15 were added by regulation 12(b)(iii) of S.R. 2001 No. 78

[^f00103]: Paragraph 17(1) was substituted by regulation 3(a) of S.R. 1997 No. 3

[^f00104]: S.R. 2001 No. 18, to which there are amendments not relevant to these regulations

[^f00105]: S.R. 2003 No. 28

[^f00106]: Regulation 26B was inserted by regulation 9 of these regulations

[^f00107]: Paragraph 13 was amended by regulation 22(d) of S.R. 1988 No. 318, regulation 19(k) of S.R. 1990 No. 131 and paragraph 1(6)(a) of Schedule 1 to, S.R. 1993 No. 149

[^f00108]: Section 44(4) was substituted by Article 64 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

Editorial notes

[^key-37c04aa6d82d74153260a444aa687fca]: Reg. 1 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-aaeec8da02acbe2d1c81b4924f9c45fd]: Reg. 2 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-f736e11a9e4e0656c21e6dbea7faa772]: Reg. 3 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-ff6438446bcf595e4161fb60b5265abe]: Reg. 4 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-cb042fe0e95483da612bace02ba76c40]: Reg. 5 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-963fb2f916851e2dd06f75729cb1cc45]: Reg. 6 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-15911a2051d7250ed750a704e27accbe]: Reg. 7 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-658c74d7a97c5a84981ddb164c8d9645]: Reg. 8 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-611c72e5fba025fad7525d6f155e38aa]: Reg. 9 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-9cfefeccdede12f9316a89219abe7884]: Reg. 10 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-354aa2469a267fefc89cdc29d21fbe58]: Reg. 11 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-1a963b4633b16fd15ac115971cf3954e]: Reg. 12 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-dc60e65776da0d36fcc855efcd9d3a5a]: Reg. 13 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-2aa810dc653254b4c656bb13affddce3]: Reg. 14 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-fb1aeefa9f8dd26c2366938a8072bce8]: Reg. 15 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-725a05704ddec41f34a041ae55dca418]: Reg. 16 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-88ff7d0bac9cb7e496edf0dc69ea9425]: Reg. 17 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-be1b500e35fce7e813a52acbfed9ff03]: Reg. 18 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-48c34aae6f5f03ee9b4dbc28daeb3523]: Reg. 19 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-98c82393ca9d454d0bd0aa1c421d5b78]: Reg. 20 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-cb7b950a04d8835ada8fe798d82ee080]: Reg. 21 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-c91e621957e43f0c814fb89e8455dc23]: Reg. 22 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-cf323d06fa80e360302261b6b5fc0738]: Reg. 23 in operation at 6.10.2003, see reg. 1(2)(b)

[^key-0241e64bd91c2a3a806639854d70d8ea]: Reg. 24 in operation at 6.10.2003, see reg. 1(2)(b)

[^key-6cd6b28c8d43cfa00fe86eb3b0d6f7bb]: Reg. 25 in operation at 6.10.2003, see reg. 1(2)(b)

[^key-5c89658fb614c6317e309a532212d75e]: Reg. 26 in operation at 6.10.2003, see reg. 1(2)(b)

[^key-38901f60d1174a1bcc404cd6c194ac37]: Reg. 27 in operation at 6.10.2003, see reg. 1(2)(b)

[^key-cffa1d16021542cf4f726eca5bd65e2e]: Reg. 28 in operation at 6.10.2003, see reg. 1(2)(b)

[^key-bfc880fd923432d8106adeeea9c8c3cd]: Reg. 29 in operation at 6.10.2003, see reg. 1(2)(b)

[^key-98a223de24d79cb7685a615fc2089d7f]: Reg. 30 in operation at 6.10.2003, see reg. 1(2)(b)

[^key-c36fafc937e5e50eb36a87b0d20b3e17]: Reg. 31 in operation at 6.10.2003, see reg. 1(2)(b)

[^key-c3075e5af6d4d243371c785e683397d1]: Reg. 32 in operation at 6.10.2003, see reg. 1(2)(b)

[^key-8fb15a99bbf04be30cac41f9de5e864d]: Reg. 33 in operation at 6.10.2003, see reg. 1(2)(b)

[^key-16534348ac829820d94d21ed7d6011d1]: Reg. 34 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-7b3d99f81927528caf9ad6e73fa7250a]: Reg. 35 in operation at 7.4.2003, see reg. 1(2)(a)

[^key-1421406711801342372627e6fecd2e58]: Reg. 36 in operation at 7.4.2003, see reg. 1(2)(a)