The Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003

Made: 25th March 2003

Coming into operation in accordance with regulation 1(1)

The Department for Social Development, in exercise of the powers conferred by the provisions specified in Schedule 1 to this Rule and now vested in it¹, paragraphs 4(5), 12 and 20(1)(b) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000² and section 13(1) of the State Pensions Credit Act (Northern Ireland) 2002³ and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel⁴ by this statutory rule, which contains only regulations made by virtue of, or consequential upon section 14 of, and paragraph 3 of Schedule 2 to, the State Pension Credit Act (Northern Ireland) 2002 and which is made before the end of the period of 6 months beginning with the coming into operation of those provisions⁵ hereby makes the following Regulations:

PART 1 — GENERAL

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 and shall come into operation –

• (a) for the purposes of this regulation and regulation 21, on 6th April 2003;

• (b) for all other purposes, on 6th October 2003.

• (2) In these Regulations –

• “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987⁶;

• “the qualifying age for state pension credit” has the meaning assigned to it by section 1(2)(b) and (6) of the State Pension Credit Act;

• “the State Pension Credit Act” means the State Pension Credit Act (Northern Ireland) 2002.

• (3) The Interpretation Act (Northern Ireland) 1954⁷ shall apply to these Regulations as it applies to an Act of the Assembly.

• (4) In Part 2 reference to any provision inserted in the Housing Benefit Regulations to a regulation of or Schedule to those Regulations is to those provisions as modified or amended by these Regulations.

PART 2 — HOUSING BENEFIT MODIFICATIONS

Housing Benefit Regulations

2

• (1) The Housing Benefit Regulations shall have effect, except where paragraph (2) applies, in relation to any person who has attained the qualifying age for state pension credit subject to the modifications set out in this Part, Part 3 and Schedule 2.

• (2) This paragraph applies if the claimant or if the claimant has a partner, his partner, is a person on income support or an income-based jobseeker’s allowance within the meaning of the Housing Benefit Regulations.

Interpretation

3

• (1) In regulation 2 (interpretation) in paragraph (1) –

• (a) for the definition of “assessment period” there shall be substituted the following definition –

• “assessment period” means the period determined – in relation to the earnings of a self-employed earner, in accordance with regulation 32 for the purpose of calculating the weekly earning of the claimant, or in relation to any other income, in accordance with regulation 28 for the purpose of calculating the weekly income of the claimant;

• (b) after the definition of “the Registered Homes Order”⁸ there shall be inserted the following definition –

• “the State Pension Credit Act” means the State Pension Credit Act (Northern Ireland) 2002;

• (c) for the definition of “the benefit Acts” there shall be substituted the following definition –

• “the benefit Acts” means the Contributions and Benefits Act, the Jobseekers (Northern Ireland) Order 1995 and the State Pension Credit Act;

• (d) after the definition of “benefit week” there shall be inserted the following definitions –

• “board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him and any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other that the person to who the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises;

• (e) after the definition of “the Fund”⁹ there shall be inserted the following definition –

• “guarantee credit” is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act;

• (f) after the definition of “person on income support” there shall be inserted –

• “person on state pension credit” means a person in receipt of state pension credit;

• (g) after the definition of “retirement annuity contract”¹⁰ there shall be inserted the following definition –

• “savings credit” has the meaning assigned to it by sections 1 and 3 of the State Pension Credit Act;

• (2) In that regulation, after paragraph (4) there shall be inserted the following paragraph –

(4A) In these Regulations references to any person in receipt of a guarantee credit, a savings credit or state pension credit includes a reference to a person who would be in receipt thereof but for regulation 13 of the State Pension Credit Regulations (Northern Ireland) 2003¹¹ (small amounts of state pension credit).

Regulation 5

4

In regulation 5 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) in paragraph (6)(c)(ii)¹², for “or the claimant’s applicable amount includes a premium under paragraph 9, 9A, 10, 11, 13 or 14 of Schedule 2”, there shall be substituted “or the claimant is a person who has attained or whose partner has attained the qualifying age for state pension credit”.

Persons from abroad

5

In regulation 7A(5)¹³ (persons from abroad) for sub-paragraph (d) there shall be substituted the following sub-paragraph –

(d) is on a state pension credit;

Applicable amounts

6

• (1) For regulations 16, 17 and 18 (applicable amounts, polygamous marriages and patients) there shall be substituted the following regulation –

(16) (1) Subject to regulations 69, 70 and Schedule A1¹⁴ (calculation of weekly amounts, rent and rate-free periods and treatment of claims for housing benefit by refugees), the applicable amount of a claimant who has attained or whose partner has attained the qualifying age for state pension credit shall be the aggregate of such of the following amounts as apply in his case – (a) an amount in respect of his personal allowance determined in accordance with paragraph 1 of Schedule 2A¹⁵ (personal allowances); (b) an amount in respect of any child or young person who is a member of his family determined in accordance with paragraph 2 of Schedule 2A; (c) if he is a member of a family of which at least one member is a child or young person an amount determined in accordance with paragraph 3(1) of Part II of Schedule 2A (family premium); (d) if he is a member of a family of which one member is a child under the age of one year an additional amount determined in accordance with paragraph 3(2) of Part II of Schedule 2A; (e) the amount of any premiums which may be applicable to him determined in accordance with Parts III and IV of Schedule 2A. (2) Paragraph (3) applies in the case of – (a) a claimant who; (b) a claimant who has a partner one or both of whom, or (c) a claimant who is a member of a polygamous marriage one or more of whose members, is or are a patient, and has or have been a patient for a period exceeding 13 weeks but not exceeding 52 weeks, or, in exceptional circumstances, is unlikely to substantially exceed 52 weeks (“long term patient”). (3) In the case of a claimant to whom this paragraph applies and who – (a) has no partner, the applicable amount determined in accordance with paragraph (1) shall be reduced by an amount equal to 38 per cent. of the weekly rate of the basic pension for the time being specified in section 44(4) of the Contributions and Benefits Act¹⁶ (the standard reduction); (b) has a partner and either the claimant or his partner is a long term patient, the applicable amount determined in accordance with paragraph (1) shall be reduced 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 Act; (c) has a partner and both the claimant and his partner are long term patients, the applicable amount determined in accordance with paragraph (1) shall be reduced by an amount equal to twice the sum of the standard reduction; (d) is a member of a polygamous marriage and one or more members of the marriage are long term patients, the applicable amount determined in accordance with paragraph (1) shall be reduced by an amount equal to the standard reduction multiplied by the number of members who are long term patients. (4) Any calculation made for the purposes of paragraphs (2) and (3) shall be rounded to the nearest 5 pence, 2.5 pence being rounded to the next 5 pence above. (5) In this regulation and Schedule 2A “patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a young offenders centre or a juvenile justice centre) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975¹⁷. (6) In Schedule 2A, “additional spouse” means a spouse of either party to the marriage who is additional to the other party to the marriage. (7) For the purposes of calculating the period of 13 weeks referred to in paragraph (2), where a person has been maintained free of charge while undergoing medical or other treatment as an in-patient in a hospital or similar institution within the meaning of that paragraph for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been so maintained for a period equal in duration to the total of those distinct periods.

• (2) After Schedule 2 there shall be inserted the following Schedule –

SCHEDULE 2A (1) The amount specified in column (2) in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 16 –

(2) (1) The amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 16(1)(b) –

(2) In column (1) of the Table, “the first Monday in September” means the Monday which first occurs in the month of September in any year.

(3) (1) The amount for the purposes of regulations 16(1)(c) and (d) in respect of a family of which at least one member is a child or young person shall be £15·75. (2) The amount specified in sub-paragraph (1) shall be increased by £10·45 where at least one child is under the age of one year and for the purposes of this sub-paragraph where that child’s first birthday does not fall on a Monday he shall be treated as under the age of one year until the first Monday after his first birthday. (4) The premiums specified in Part IV shall, for the purposes of regulation 16(1)(e), be applicable to a claimant who satisfies the condition specified in this Part in respect of that premium. (5) (1) Subject to sub-paragraph (2), for the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit for – (a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979¹⁸ applies, any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit, and (b) any period spent by a person in undertaking a course of training or instruction provided or arranged by the Department for Employment and Learning under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945¹⁹ or section 1 of the Employment and Training Act 1950²⁰ or for any period during which he is in receipt of a training allowance. (2) For the purposes of the carer premium under paragraph 9, a person shall be treated as being in receipt of a carer’s allowance under section 70²¹ of the Contributions and Benefits Act by virtue of sub-paragraph (1)(a) only if, and for so long as, the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act. (6) (1) The condition is that the claimant is a severely disabled person. (2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if – (a) in the case of a single claimant or a claimant who is treated as having no partner in consequence of sub-paragraph (3) – (i) he is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act, and (ii) subject to sub-paragraph (6), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing, and (iii) no person is entitled to, and in receipt of, a carer’s allowance in respect of caring for him; (b) in the case of a claimant who has a partner – (i) the claimant is in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act; (ii) his partner is also in receipt of such an allowance or, if the claimant is a member of a polygamous marriage one or more of the other members of the marriage are in receipt of such an allowance, and (iii) subject to sub-paragraph (6), the claimant has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing, and either a person is entitled to and in receipt of a carer’s allowance in respect of caring for only one member of the couple or, if he is a member of a polygamous marriage, for one or more but not all the members of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance in respect of caring for either member of a couple or any of the members of the marriage. (3) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of sub-paragraph (4), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant. (4) For the purposes of sub-paragraph (3), a person is blind if he has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a Health and Social Services Board . (5) For the purposes of sub-paragraph (4), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered. (6) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii), no account shall be taken of – (a) a person receiving attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act, or (b) a person who is blind or is treated as blind within the meaning of sub-paragraphs (4) and (5). (7) For the purposes of sub-paragraph (2)(b), a person shall be treated – (a) as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act, if he would, but for his being a patient for a period exceeding 28 days, be so in receipt; (b) as being entitled to and in receipt of a carer’s allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt. (8) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b) – (a) no account shall be taken of an award of a carer’s allowance to the extent that payment of such an award is back-dated for a period before the date on which the award is made, and (b) references to a person being in receipt of a carer’s allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 6 of the Social Security Fraud Act (Northern Ireland) 2001²² (loss of benefit provisions). (7) The condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act in respect of a child or young person who is a member of the claimant’s family. (8) The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household – (a) is in receipt of disability living allowance or is no longer in receipt of such allowance because he is a patient, provided that the child or young person continues to be a member of the family, or (b) is blind within the meaning of paragraph 6(4) or is treated as blind in accordance with paragraph 6(5). (9) (1) The condition is that the claimant or his partner is, or both of them are, entitled to a carer’s allowance. (2) Where a carer premium has been awarded but – (a) the person in respect of whose care the carer’s allowance has been awarded dies, or (b) the person in respect of whom the premium has been awarded ceases to be entitled, or ceases to be treated as entitled, to a carer’s allowance, this paragraph shall be treated as satisfied for a period of 8 weeks from the relevant date specified in sub-paragraph (3). (3) The relevant date for the purposes of sub-paragraph (2) is – (a) the Sunday following the death of the person in respect of whose care the carer’s allowance has been awarded (or beginning with the date of death if the date occurred on a Sunday); (b) where head (a) does not apply, the date on which that person who was entitled to a carer’s allowance ceases to be entitled to it. (4) For the purposes of this paragraph, a person shall be treated as being entitled to and in receipt of a carer’s allowance for any period not covered by an award but in respect of which a payment is made in lieu of an award. (10) For the purpose of determining whether a premium is applicable to a person under paragraphs 6 to 9, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit. (11) For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.

Amendment of regulation 19

7

In regulation 19 (calculation of income and capital of members of claimant’s family and of a polygamous marriage) –

• (a) in paragraph (1), for “paragraph (2)” there shall be substituted “paragraphs (2) and (4)”;

• (b) after paragraph (3) there shall be added the following paragraph –

(4) The income and capital of a child or young person shall not be treated as the income and capital of the claimant if the claimant or his partner or, if he is a member of a polygamous marriage, any member of that marriage, has attained the qualifying age for state pension credit.

Income and capital

8

For regulations 21 to 44, there shall be substituted the following regulations –