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The State Pension Credit Regulations (Northern Ireland) 2003

Type Ni-Statutory-Rule

Publication 2003-01-21

Last updated 2009-03-18

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Made: 21st January 2003

Coming into operation: 6th October 2003

The Department for Social Development, in exercise of the powers conferred by section 171(3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00001], and now vested in it[^f00002], sections 6(4A), 8(4A) and 10(4) of the Social Security Fraud Act (Northern Ireland) 2001[^f00003] and sections 1(5), 2(3), (4) and (6), 3(4) to (8), 4(3), 5, 6(2), 7(4) and (7), 9(4) and (5), 12(2) and (3), 15, 16(2) and 17(2) of the State Pension Credit Act (Northern Ireland) 2002[^f00004], and of all other powers enabling it in that behalf, by this statutory rule, which contains only regulations made by virtue of, or consequential upon, provisions of the State Pension Credit Act (Northern Ireland) 2002 and which is made before the end of the period of six months beginning with the coming into operation of those provisions[^f00005], hereby makes the following Regulations:

PART I — GENERAL

Citation, commencement and interpretation

1

(1) These Regulations may be cited as the State Pension Credit Regulations (Northern Ireland) 2002 and shall come into operation on 6th October 2003.

(2) In these Regulations –

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

“the 1972 Order” means the Health and Personal Social Services (Northern Ireland) Order 1972[^f00006];

“the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007;

“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;

“the appointed day” means the day appointed under section 13(3) of the Act;

“the Armed Forces and Reserve Forces Compensation Scheme” means the scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004;

“attendance allowance” means –an attendance allowance under section 64 of the Contributions and Benefits Act;an increase of disablement pension under section 104 or 105 of the Contributions and Benefits Act;a payment under regulations made in exercise of the power conferred by paragraph 4(2)(b) of Part II of Schedule 8 to the Contributions and Benefits Act;an increase of an allowance which is payable in respect of constant attendance under paragraph 4 of Part II of Schedule 8 to the Contributions and Benefits Act;a payment by virtue of Article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983[^f00007] or any analogous payment; or any payment based on a need for attendance which is paid as part of a war disablement pension, or any other such payment granted in respect of disablement which falls within regulation 15(5)(ac);

“benefit week” means the period of 7 days beginning on the day on which, in the claimant’s case, state pension credit is payable;

“board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of—the provision of that accommodation; andat least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises,but not accommodation provided by a close relative of his or of his partner, or other than on a commercial basis;

“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00008];

“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple;

“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland)1996;

“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act (employment and support allowance);

“couple” means—a man and woman who are married to each other and are members of the same household;a man and woman who are not married to each other but are living together as husband and wife;two people of the same sex who are civil partners of each other and are members of the same household; ortwo people of the same sex who are not civil partners of each other but are living together as if they were civil partners,and for the purposes of paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;

“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 – any agricultural land adjoining that dwelling, andany land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;

“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008;

“equity release scheme” means a loan –made between a person (“the lender”) and the claimant;by means of which a sum of money is advanced by the lender to the claimant by way of payments at regular intervals, andwhich is secured on a dwelling in which the claimant owns an estate or interest and which he occupies as his home;

“full-time student” has the meaning prescribed in regulation 61(1) of the Income Support Regulations;

“the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;

“the Graduated Retirement Benefit Regulations” means the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005;

“a guaranteed income payment” means a payment under Article 14(1)(b) or Article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005;

“the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006;

“the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006;

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (employment and support allowance);

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987[^f00009];

“independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00010];

“the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;

“the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

“the Macfarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;

“the Macfarlane (Special Payments) (No. 2) Trust” means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

“nursing home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 11 of that Order;

“paternity leave” means a period of absence from work on leave in accordance with Article 112A or 112B of the Employment Rights (Northern Ireland) Order 1996;

“patient”, except in Schedule 2, means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005;

“pension fund holder” means with respect to an occupational pension scheme, a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;

“policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

“prisoner” means a person who –is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, oris on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953[^f00013],other than a person detained in hospital under the provisions of the Mental Health (Northern Ireland) Order 1986[^f00014];

“qualifying person” means a person in respect of whom payment has been made from the Fund , the Eileen Trust , the Skipton Fund or the London Bombings Relief Charitable Fund;

“residential care home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 10 of that Order;

“the Skipton Fund” means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;

“voluntary organisation” means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or by individual members of the association.

“water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home.

(3) In these Regulations a member of a couple is referred to as a partner and both members are referred to as partners.

(4) The Interpretation Act (Northern Ireland) 1954[^f00015] shall apply to these Regulations as it applies to an Act of the Assembly.

PART II — ENTITLEMENT AND AMOUNT

Persons not in Northern Ireland

2

(1) A person is to be treated as not in Northern Ireland if, subject to the following provisions of this regulation, he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.

(2) No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (3).

(3) A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following—

(a) regulation 13 of the Immigration (European Economic Area) Regulations 2006;

(b) regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is—

(i) a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or

(ii) a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker;

(d) Article 39 of the Treaty establishing the European Community (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland).

(4) A person is not to be treated as not in Northern Ireland if he is—

(a) a worker for the purposes of Council Directive No. 2004/38/EC;

(b) a self-employed person for the purposes of that Directive;

(d) a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive;

(e) a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive;

(f) a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—

(i) regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 (application of the 2006 Regulations in relation to a national of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or the Slovak Republic who is an “accession State worker requiring registration”), or

(ii) regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”);

(g) a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;

(h) a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 1971;

(hh) a person who has humanitarian protection granted under those rules;

(i) a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; ...

(j) 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 ; or

(k) a person who—

(i) arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;

(ii) immediately before arriving there had been resident in Zimbabwe; and

(iii) before leaving Zimbabwe had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom.

Persons temporarily absent from Northern Ireland

3

A claimant’s entitlement to state pension credit during periods of temporary absence from Northern Ireland is to continue for up to 13 weeks if—

(a) the period of the claimant’s absence from Northern Ireland is unlikely to exceed 52 weeks, and

(b) while absent from Northern Ireland the claimant continues to satisfy the other conditions of entitlement to state pension credit.

Persons receiving treatment outside Northern Ireland

4

(1) For the purposes of the Act, a person who is not in Northern Ireland shall be treated as being in Northern Ireland during any period in which he is receiving treatment at a hospital or other institution outside Northern Ireland if the treatment is being provided under Articles 5[^f00021], 7 and 8 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00022] or pursuant to arrangements made under Article 14A of that Order[^f00023] or paragraph 13 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991[^f00024].

(2) Paragraph (1) applies only where –

(a) the “person” is the claimant or his partner, and

(b) the claimant satisfied the conditions for entitlement to state pension credit immediately before he or, as the case may be, his partner, left Northern Ireland.

Persons treated as being or not being members of the same household

5

(1) A person is to be treated as not being a member of the same household as the claimant if –

(a) he is living away from the claimant and –

(i) he does not intend to resume living with the claimant, or

(ii) his absence is likely to exceed 52 weeks except where there are exceptional circumstances (for example the person is in hospital or otherwise has no control over the length of his absence), and the absence is unlikely to be substantially more than 52 weeks;

(b) he or the claimant is permanently in a residential care home , nursing home or an independent hospital;

(i) patients detained in accommodation provided under Article 110 of the Mental Health (Northern Ireland) Order 1986;

(ii) detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or

(iii) on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953[^f00025];

(d) the claimant is abroad and does not satisfy ... regulation 3 (persons temporarily absent from Northern Ireland);

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) he is absent from Northern Ireland for more than 13 weeks;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) he is a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999[^f00026].

(1A) Paragraph (1)(d) and (f) shall not apply where a person is treated as being in Northern Ireland in accordance with regulation 4.

(2) Subject to paragraph (1), partners shall be treated as members of the same household notwithstanding that they are temporarily living apart.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of the guarantee credit

6

(1) Except as provided in the following provisions of these Regulations, the standard minimum guarantee is –

(a) £189∙35 per week in the case of a claimant who has a partner;

(b) £124∙05 per week in the case of a claimant who has no partner.

(2) Paragraph (3) applies in the case of –

(a) prisoners, and

(b) members of religious orders who are fully maintained by their order.

(3) In a case to which this paragraph applies –

(a) section 2(3) of the Act has effect with the substitution for the reference to the standard minimum guarantee in section 2(3)(a) of the Act of a reference to a nil amount, and

(b) except in the case of a person who is a remand prisoner, nil is the prescribed additional amount for the purposes of section 2(3)(b) of the Act.

(4) Except in a case to which paragraph (3) applies, an amount additional to that prescribed in paragraph (1) shall be applicable under paragraph (5) if the claimant is treated as being a severely disabled person in accordance with paragraph 1 of Part I of Schedule 1 (circumstances in which persons are treated as being or not being severely disabled).

(5) The additional amount applicable is –

(a) except where paragraph (b) applies, £50∙35 per week if paragraph 1(1)(a), (b) or (c) of Part I of Schedule 1 is satisfied, or

(b) £100∙70 per week if paragraph 1(1)(b) of Part I of Schedule 1 is satisfied otherwise than by virtue of paragraph 1(2)(b) of that Part and no one is entitled to and in receipt of an allowance under section 70 of the Contributions and Benefits Act (carer’s allowance) in respect of caring for either partner.

(6) Except in a case to which paragraph (3) applies, an amount additional to that prescribed in paragraph (1) shall be applicable –

(a) if paragraph 4 of Part II of Schedule 1 (amount applicable for carers) is satisfied;

(b) in accordance with Part III of Schedule 1 (amount applicable for former claimants of income support or income-based jobseeker’s allowance), or

(7) This paragraph applies in the case of a person who has been detained in custody for more than 52 weeks pending trial or sentence following conviction by a court.

(8) The amount applicable if paragraph 4 of Part II of Schedule 1 is satisfied is £27∙75 per week, and in the case of partners, this amount is applicable in respect of each partner who satisfies that paragraph.

(9) In the case of a remand prisoner, paragraph (6) shall apply as if sub-paragraphs (a) and (b) of that paragraph were omitted.

(10) In this regulation, “remand prisoner” means a person who, for a period not exceeding 52 weeks, has been detained in custody on remand pending trial or, as a condition of bail, required to reside in a hostel or, as the case may be, detained pending sentence upon conviction.

Savings Credit

7

(1) The percentage prescribed for the purposes of determining –

(a) the maximum savings credit is 60 per cent.;

(b) “amount A” in section 3(4) of the Act is 60 per cent.;

(2) The amount prescribed for the savings credit threshold is £91∙20 for a claimant who has no partner and £145∙80 for a claimant who has a partner.

(3) The maximum savings credit shall be taken to be nil in the case of –

(a) prisoners, and

(b) members of religious orders who are fully maintained by their order.

(4) If a calculation made for the purposes of paragraph (1)(b) or (c) results in a fraction of a penny, that fraction shall, if it would be to the claimant’s advantage, be treated as a penny, otherwise it shall be disregarded.

Special groups

8

Schedule 3 (special groups) shall have effect in the case of members of polygamous marriages and patients.

Qualifying income for the purposes of savings credit

9

For the purposes of section 3 of the Act (savings credit), all income is to be treated as qualifying income except the following which is not to be treated as qualifying income –

(a) working tax credit;

(b) incapacity benefit;

(c) a contribution-based jobseeker’s allowance within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995[^f00027];

(d) severe disablement allowance;

(e) maternity allowance;

(f) payments referred to in regulation 15(5)(d) (maintenance payments).

(g) contributory employment and support allowance.

Assessed income period

10

(1) For the purposes of section 6(2)(b) of the Act (circumstances in which the Department is prevented from specifying an assessed income period), the circumstances are –

(a) in the case of partners, one partner is under the age of 60, or

(b) state pension credit is awarded, or awarded at a higher rate, because an element of the claimant’s retirement provision which is due to be paid to the claimant stops temporarily, or

(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.

(2) The circumstances prescribed for the purposes of section 7(4) of the Act (circumstances in which assessed amounts are deemed not to change) are that –

(a) except where sub-paragraph (b) applies, the arrangements under which the assessed amount is paid contain no provision for periodic increases in the amount payable, or

(b) the assessed income comprises income from capital other than income to which paragraph (7) applies.

(3) Paragraphs (4) and (5) do not apply where the assessed amount comprises income from capital.

(4) Where the Department is informed that the arrangements under which the assessed amount is paid contains provision –

(a) for the payment to be increased periodically;

(b) for the date on which the increase is to be paid, and

the assessed amount shall be deemed to increase from the day specified in paragraph (5) by an amount determined by applying those provisions to the amount payable apart from this paragraph.

(5) The day referred to in this paragraph is –

(a) in a case to which paragraph (5A) applies –

(i) where the first increased payment date is the day on which the benefit week begins, that day;

(ii) where head (i) does not apply, the first day of the next benefit week which begins after that increased payment date;

(b) in a case to which paragraph (5A) does not apply –

(i) where the second increased payment date is the day on which the benefit week begins, that day;

(ii) where head (i) does not apply, the first day of the next benefit week following that increased payment date.

(5A) This paragraph applies where the period which –

(a) begins on the date from which the increase in the assessed amount is to accrue; and

(b) ends on the first increased payment date,

is a period of the same length as the period in respect of which the last payment of the pre-increase assessed amount was made.

(5B) In paragraphs (5) and (5A) –

“increased payment date” means a date on which the increase in the assessed amount referred to in paragraph (4) is paid as part of a periodic payment ...; and

“pre-increase assessed amount” means the assessed amount prior to that increase.

(6) Except where paragraph (4) applies, the assessed amount shall be deemed to increase –

(a) on the day in April each year on which increases in the additional pensions in the rates of long-term benefits come into operation by virtue of an order under section 132(1) of the Administration Act if that is the first day of a benefit week but if it is not from the next following such day, and

(b) by an amount produced by applying to the assessed amount the same percentage increase as that applied for the purposes of additional pensions under that order.

(7) Where the assessed amount comprises income from capital, it shall be deemed to increase or decrease –

(a) on the first day of the next benefit week to commence on or after the day on which the income increases or decreases, and

(b) by an amount equal to the change in the claimant’s income produced by applying to his income changes made to the yields capital is deemed to produce, or to the capital amounts, specified in regulation 15(6), or to both if both are changed.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Retirement provision in assessed income period

11

Where an element of a person’s retirement provision ceases to be payable by one source but –

(a) responsibility for that element is assumed by another source, income from both those sources shall be treated as income from the same source, or

(b) in consequence of that element ceasing, income of a different description becomes payable from a different source, that income shall be treated as income of the same description from the same source as the element which ceased to be payable.

End of assessed income period

12

An assessed income period shall end at such time as –

(a) the claimant no longer satisfies a condition of entitlement to state pension credit;

(b) payments of an element of the claimant’s retirement provision which is due to be paid to him stops temporarily or the amount paid is less than the amount due and in consequence his award of state pension credit is superseded under Article 11 of the Social Security (Northern Ireland) Order 1998[^f00028];

(c) a claimant who has no partner is provided with accommodation in a residential care home , nursing home or an independent hospital other than on a temporary basis.

Small amounts of state pension credit

13

Where the amount of state pension credit payable is less than 10p per week, the credit shall not be payable unless the claimant is in receipt of another benefit payable with the credit.

PART III — INCOME

Calculation of income and capital

14

The income and capital of –

(a) the claimant, and

(b) any partner of the claimant,

shall be calculated in accordance with the rules set out in this Part and any reference in this Part to the claimant shall apply equally to any partner of the claimant.

Income for the purposes of the Act

15

(1) For the purposes of section 15(1)(e) of the Act (income and capital), all social security benefits are prescribed except –

(a) disability living allowance;

(b) attendance allowance payable under section 64 of the Contributions and Benefits Act;

(d) a payment under regulations made in exercise of the power conferred by paragraph 4(2)(b) of Part II of Schedule 8 to that Act[^f00029];

(e) an increase of an allowance payable in respect of constant attendance under paragraph 4 of Part II of Schedule 8 to that Act;

(f) any child special allowance payable under section 56 of that Act;

(g) any guardian’s allowance payable under section 77 of that Act;

(h) any increase for a dependant, other than the claimant’s partner, payable in accordance with Part IV of that Act;

(i) any social fund payment made under Part VIII of that Act;

(j) child benefit payable in accordance with Part IX of that Act;

(k) Christmas bonus payable under Part X of that Act;

(l) housing benefit;

(m) bereavement payment[^f00030];

(n) statutory sick pay;

(o) statutory maternity pay;

(p) statutory paternity pay payable under Part XIIZA of the Contributions and Benefits Act[^f00031];

(q) statutory adoption pay payable under Part XIIZB of the Contributions and Benefits Act[^f00032];

(r) any benefit similar to those mentioned in the preceding provisions of this paragraph payable under legislation having effect in Great Britain.

(2) For the purposes of section 15(1)(f) of the Act (foreign social security benefits), income includes all foreign social security benefits which are similar to the social security benefits prescribed under paragraph (1).

(3) Where the payment of any social security benefit prescribed under paragraph (1) is subject to any deduction (other than an adjustment specified in paragraph (4)) the amount to be taken into account under paragraph (1) shall be the amount before the deduction is made.

(4) The adjustments specified in this paragraph are those made in accordance with –

(a) the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979[^f00033];

(b) regulation 2 of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005;

(c) section 30DD (incapacity benefit: reduction for pension payments) or section 30E (incapacity benefit: rate) of the Contributions and Benefits Act[^f00034].

(d) section 3 of the Welfare Reform Act (deductions from contributory allowance).

(5) For the purposes of section 15(1)(j) of the Act (income to include income of prescribed descriptions), income of the following descriptions is prescribed –

(a) a payment made under—

(i) Article 30 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, in any case where Article 30(1)(b) applies, or

(ii) Article 12(8) of that Order, in any case where sub-paragraph (b) of that Article applies;

(aa) a guaranteed income payment;

(ab) a payment made under Article 21(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 in any case where Article 23(2)(c) applies ;

(ac) any retired pay, pension or allowance granted in respect of disablement or any pension or allowance granted to a widow, widower or surviving civil partner in respect of a death due to service or war injury under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 where such payment does not fall within paragraph (a) of the definition of “war disablement pension” in section 17(1) of the State Pension Credit Act (Northern Ireland) 2002 or, in respect of any retired pay or pension granted in respect of disablement, where such payment does not fall within paragraph (b) of that definition;

(b) a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria;

(c) payments under a scheme made under the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979[^f00036];

(d) payments made towards the maintenance of the claimant by his spouse , civil partner, former spouse or former civil partner or towards the maintenance of the claimant’s partner by his spouse , civil partner, former spouse or former civil partner, including payments made –

(i) under a court order;

(ii) under an agreement for maintenance, or

(iii) voluntarily;

(e) payments due from any person in respect of board and lodging accommodation provided by the claimant...;

(f) payments consisting of royalties or other sums received as a consideration for the use of, or the right to use, any copyright, patent or trademark ;

(g) any payment made to the claimant in respect of any book registered under the Public Lending Right Scheme 1982[^f00037];

(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.

(j) any payment made at regular intervals under an equity release scheme.

(k) PPF periodic payments.

(6) For the purposes of section 15(2) of the Act, a claimant’s capital, other than capital disregarded under Schedule 5, shall be deemed to yield a weekly income –

(a) in the case of a claimant residing permanently in accommodation to which paragraph (7) applies, of £1 for each £500 in excess of £10,000 and £1 for any excess which is not a complete £500;

(b) in any other case, of £1 for each £500 in excess of £6,000 and £1 for any excess which is not a complete £500.

(7) This paragraph applies to accommodation provided –

(a) in a residential care home or nursing home;

(b) in an establishment run by the Abbeyfield Society (including all bodies corporate or incorporate which are affiliated to the Society);

(8) For the purposes of paragraph (6), a person shall be treated as residing permanently in the accommodation –

(a) except where sub-paragraph (b) applies, notwithstanding that he is absent from it for a period not exceeding 52 weeks;

(b) if it is accommodation to which paragraph (7)(c) applies –

(i) notwithstanding that he is absent from it for a period not exceeding 13 weeks, and

(ii) if he, with the agreement of the manager of the home, intends to return to it in due course.

Retirement pension income

16

There shall be added to the descriptions of income listed in section 16(1) of the Act (retirement pension income) the following paragraphs –

(k) any sum payable by way of pension out of money provided under the Civil List Act 1837[^f00039], the Civil List Act 1937[^f00040], the Civil List Act 1952[^f00041], the Civil List Act 1972[^f00042] or the Civil List Act 1975[^f00043]

(l) any payment, other than a payment ordered by a court or made in settlement of a claim, made by or on behalf of a former employer of a person on account of the early retirement of that person on grounds of ill-health or disability (m) any payment made at regular intervals under an equity release scheme. (n) any payment made under the Financial Assistance Scheme Regulations 2005.

Calculation of weekly income

17

(1) Except where paragraphs (2) and (4) apply, for the purposes of calculating the weekly income of the claimant where the period in respect of which a payment is made –

(a) does not exceed a week, the whole of that payment shall be included in the claimant’s weekly income;

(b) exceeds a week, the amount to be included in the claimant’s weekly income shall be determined –

(i) in a case where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;

(ii) in a case where that period is 3 months, by multiplying the amount of the payment by 4 and dividing the product by 52;

(iii) in a case where that period is a year, by dividing the amount of the payment by 52;

(iv) in any other case, by multiplying the amount of the payment by 7 and dividing the product by the number of days in the period in respect of which it is made.

(2) Where –

(a) the claimant’s regular pattern of work is such that he does not work the same hours every week, or

(b) the amount of the claimant’s income fluctuates and has changed more than once,

the weekly amount of that claimant’s income shall be determined –

(i) if, in a case to which sub-paragraph (a) applies, there is a recognised cycle of work, by reference to his average weekly income over the period of the complete cycle (including, where the cycle involves periods in which the claimant does no work, those periods but disregarding any other absences), or

(ii) in any other case, on the basis of –

(aa) the last 2 payments if those payments are one month or more apart;

(bb) the last 4 payments if the last 2 payments are less than one month apart, or

(cc) such other payments as may, in the particular circumstances of the case, enable the claimant’s average weekly income to be determined more accurately.

(3) For the purposes of paragraph (2)(b) the last payments are the last payments before the date on which the claim was made or treated as made or, if there is a subsequent supersession under Article 11 of the Social Security (Northern Ireland) Order 1998, the last payments before the date of the supersession.

(4) If a claimant is entitled to receive a payment to which paragraph (5) applies, the amount of that payment shall be treated as if made in respect of a period of a year.

(5) This paragraph applies to –

(a) royalties or other sums payable as a consideration for the use of, or the right to use, any copyright, patent or trademark;

(b) any payment made to the claimant in respect of any book registered under the Public Lending Right Scheme 1982, and

(6) Where payments are made in a currency other than sterling, the value of the payment shall be determined by taking the sterling equivalent on the date the payment is made.

(7) Income specified in Schedule 4 is to be disregarded in the calculation of a claimant’s income.

(8) Schedule 5 shall have effect so that –

(a) the capital specified in Part I of that Schedule shall be disregarded for the purpose of determining a claimant’s income, and

(b) the capital specified in Part II of that Schedule shall be disregarded for the purpose of determining a claimant’s income under regulation 15(6).

(9) The sums specified in Schedule 6 shall be disregarded in calculating –

(a) the claimant’s earnings, and

(b) any amount to which paragraph (5) applies if the claimant or his partner is the first owner of the copyright, patent or trademark or the author of the book registered under the Public Lending Right Scheme 1982.

(9A) For the purposes of paragraph (9)(b), and for that purpose only, the amounts specified in paragraph (5) shall be treated as though they were earnings.

(10) Subject to regulation 17B(6), in the case of any income taken into account for the purpose of calculating a person’s income, there shall be disregarded –

(a) any amount payable by way of income tax;

(b) any amount deducted by way of national insurance contributions under the Contributions and Benefits Act or under the Social Security Contributions and Benefits Act 1992[^f00044].

(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.

Notional income

18

(1) A claimant who has attained the qualifying age shall be treated as possessing the amount of any retirement pension income—

(a) to which section 16(1)(a) to (e) of the Act applies;

(b) for which no claim has been made; and

but only from the date on which that income could be expected to be acquired if a claim for it were made.

(1A) Paragraph (1) is subject to paragraphs (1B) , (1CA) and (1CB).

(1B) Where a claimant—

(a) has deferred his retirement pension income to which section 16(1)(a) to (c) of the Act applies for at least 12 months; and

(b) would have been entitled to make an election under Schedule 5 or 5A to the Contributions and Benefits Act or under Schedule 2 of the Graduated Retirement Benefit Regulations,

he shall be treated for the purposes of paragraph (1) as possessing the amount of retirement pension income to which he might expect to be entitled if he were to elect to receive a lump sum.

(1C) Paragraphs (1CA) and (1CB) apply for the purposes of paragraph (1) (or, where applicable, paragraph (1) read with paragraph (1B)).

(1CA) Where a benefit or allowance in payment in respect of the claimant would be adjusted under the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 if the retirement pension income had been claimed, he shall be treated as possessing that income minus the benefit or allowance in payment.

(1CB) Where a benefit or allowance in payment in respect of the claimant would require an adjustment to be made under the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 to the amount of retirement pension income payable had it been claimed, he shall be treated as possessing that retirement pension income minus the adjustment which would be made to it.

(1D) A claimant who has attained the qualifying age shall be treated as possessing income from an occupational pension scheme which he elected to defer, but only from the date on which it could be expected to be acquired if a claim for it were made.

(2) Where a person, aged not less than 60, is a person entitled to money purchase benefits under an occupational or personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, and –

(a) he fails to purchase an annuity with the funds available in that scheme where –

(i) he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder;

(ii) he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, or

(iii) income withdrawal is not available to him under that scheme, or

(b) in the case of a retirement annuity contract, he fails to purchase an annuity with the funds available under that contract,

the amount of any income foregone shall be treated as possessed by him, but only from the date on which it could be expected to be acquired were an application for it to be made.

(3) The amount of any income foregone in a case to which either head (i) or (ii) of paragraph (2)(a) applies shall be the maximum amount of income which may be withdrawn from the fund.

(4) The amount of any income foregone in a case to which either head (iii) of paragraph (2)(a) or paragraph (2)(b) applies shall be the income that the claimant could have received without purchasing an annuity had the funds held under the relevant scheme or retirement annuity contract been held under a personal pension scheme or occupational pension scheme where income withdrawal was available and shall be determined in the manner specified in paragraph (3).

(5) In paragraph (2), “money purchase benefits” has the meaning it has in section 176(1) of the Pension Schemes (Northern Ireland) Act 1993[^f00045].

(6) Subject to paragraph (7), a person shall be treated as possessing income of which he has deprived himself for the purpose of securing entitlement to state pension credit or increasing the amount of that benefit.

(7) Paragraph (6) shall not apply in respect of the amount of an increase of pension or benefit where a person, having made an election in favour of that increase of pension or benefit under Schedule 5 or 5A to the Contributions and Benefits Act or under Schedule 1 to the Graduated Retirement Benefit Regulations, changes that election in accordance with regulations made under Schedule 5 or 5A to that Act in favour of a lump sum.

(8) In paragraph (7), “lump sum” means a lump sum under Schedule 5 or 5A to the Contributions and Benefits Act or under Schedule 1 to the Graduated Retirement Benefit Regulations.

(9) For the purposes of paragraph (6), a person is not to be regarded as depriving himself of income where—

(a) his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme; and

(b) that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 2004.

(10) In paragraph (9) ”registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.

Calculation of capital in the United Kingdom

19

Capital which a claimant possesses in the United Kingdom shall be calculated at its current market or surrender value less—

(a) where there would be expenses attributable to sale, 10 per cent.; and

(b) the amount of any encumbrance secured on it.

Calculation of capital outside the United Kingdom

20

Capital which a claimant possesses in a country outside the United Kingdom shall be calculated –

(a) in a case where there is no prohibition in that country against the transfer to the United Kingdom of an amount equal to its current market or surrender value in that country, at that value;

(b) in a case where there is such a prohibition, at the price which it would realise if sold in the United Kingdom to a willing buyer,

less, where there would be expenses attributable to sale, 10 per cent., and the amount of any encumbrance secured on it.

Notional capital

21

(1) A claimant shall be treated as possessing capital of which he has deprived himself for the purpose of securing entitlement to state pension credit or increasing the amount of that benefit except to the extent that the capital which he is treated as possessing is reduced in accordance with regulation 22 (diminishing notional capital rule).

(2) A person who disposes of a capital resource for the purpose of –

(a) reducing or paying a debt owed by the claimant, or

(b) purchasing goods or services if the expenditure was reasonable in the circumstances of the claimant’s case,

shall be regarded as not depriving himself of it.

(3) Where a claimant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he shall be treated as if he were such sole owner or partner and in such a case –

(a) the value of his holding in that company shall, notwithstanding regulation 19 (calculation of capital), be disregarded, and

(b) he shall, subject to paragraph (4), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Chapter shall apply for the purposes of calculating that amount as if it were actual capital which he does possess.

(4) For so long as a claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (3) shall be disregarded.

(5) Where under this regulation a person is treated as possessing capital, the amount of that capital shall be calculated in accordance with the provisions of this Part as if it were actual capital which he does possess.

Diminishing notional capital rule

22

(1) Where a claimant is treated as possessing capital under regulation 21(1) (notional capital), the amount which he is treated as possessing –

(a) in the case of a week that is subsequent to –

(i) the relevant week in respect of which the conditions set out in paragraph (2) are satisfied, or

(ii) a week which follows that relevant week and which satisfies those conditions, shall be reduced by the amount determined under paragraph (2);

(b) in the case of a week in respect of which sub-paragraph (1)(a) does not apply but where –

(i) that week is a week subsequent to the relevant week, and

(ii) that relevant week is a week in which the condition in paragraph (3) is satisfied, shall be reduced by the amount determined under paragraph (3).

(2) This paragraph applies to a benefit week where the claimant satisfies the conditions that –

(a) he is in receipt of state pension credit, and

(b) but for regulation 21(1), he would have received an additional amount of state pension credit in that benefit week, and in such a case, the amount of the reduction for the purposes of paragraph (1)(a) shall be equal to that additional amount.

(3) Subject to paragraph (4), for the purposes of paragraph (1)(b) the condition is that the claimant would have been entitled to state pension credit in the relevant week, but for regulation 21(1), and in such a case the amount of the reduction shall be equal to the aggregate of –

(a) the amount of state pension credit to which the claimant would have been entitled in the relevant week but for regulation 21(1);

(b) the amount of housing benefit (if any) equal to the difference between his maximum housing benefit and the amount (if any) of housing benefit which he is awarded in respect of the benefit week, within the meaning ascribed to it in regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations (interpretation), which includes the last day of the relevant week.

(4) The amount determined under paragraph (3) shall be re-determined under that paragraph if the claimant makes a further claim for state pension credit and the conditions in paragraph (5) are satisfied, and in such a case –

(a) sub-paragraphs (a) and (b) of paragraph (3) shall apply as if for “relevant week” there were substituted “relevant subsequent week”, and

(b) subject to paragraph (6), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.

(5) The conditions are that –

(a) a further claim is made 26 or more weeks after –

(i) the date on which the claimant made a claim for state pension credit in respect of which he was first treated as possessing the capital in question under regulation 21(1);

(ii) in a case where there has been at least one re-determination in accordance with paragraph (4), the date on which he last made a claim for state pension credit which resulted in the weekly amount being re-determined, or

(iii) the date on which he last ceased to be in receipt of state pension credit,

whichever last occurred, and

(b) the claimant would have been entitled to state pension credit but for regulation 21(1).

(6) The amount as re-determined pursuant to paragraph (4) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.

(7) For the purpose of this regulation –

(a) “relevant week” means the benefit week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 21(1) –

(i) was first taken into account for the purpose of determining his entitlement to state pension credit, or

(ii) was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to state pension credit on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, state pension credit,

and where more than one benefit week is identified by reference to heads (i) and (ii) the later or latest such benefit week;

(b) “relevant subsequent week” means the benefit week which includes the day on which the further claim or, if more than one further claim had been made, the last such claim was made.

Capital jointly held

23

Where a claimant and one or more persons are beneficially entitled in possession to any capital asset they shall be treated as if each of them were entitled in possession to the whole beneficial interest therein in an equal share and the foregoing provisions of this Part shall apply for the purposes of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.

Income paid to third parties

24

(1) Any payment of income, other than a payment specified in paragraph (2), to a third party in respect of the claimant shall be treated as possessed by the claimant.

(2) Paragraph (1) shall not apply in respect of a payment of income made under an occupational pension scheme or in respect of a pension or other periodical payment made under a personal pension scheme where –

(a) a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980[^f00047];

(b) the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors, and

(c) the person referred to in (a) and his partner does not possess, or is not treated as possessing, any other income apart from that payment.

PART IV — LOSS OF BENEFIT

25

(1) The Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002[^f00048] shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 2 (disqualification period) –

(a) in paragraphs (1)(a)(iii) and (3)(c) after “jobseeker’s allowance” there shall be inserted “, state pension credit”, and

(b) in paragraph (1)(b)(iii) for “or jobseeker’s allowance” there shall be substituted “, jobseeker’s allowance or state pension credit”.

(3) After regulation 3 (reduction of income support) there shall be inserted the following regulation –

(3A) (1) Subject to paragraphs (2) to (7), state pension credit shall be payable in the case of an offender for any week comprised in the disqualification period or in the case of an offender’s family member for any week comprised in the relevant period, as if the rate of benefit were reduced – (a) where the offender or the offender’s family member is pregnant or seriously ill, by 20 per cent. of the relevant sum, or (b) where sub-paragraph (a) does not apply, by 40 per cent. of the relevant sum. (2) In paragraph (1) the “relevant sum” is the amount applicable – (a) except where sub-paragraph (b) applies, in respect of a single claimant aged not less than 25 under paragraph 1(1) of Schedule 2 to the Income Support Regulations, or (b) if the claimant’s family member is the offender and the offender has not attained the age of 25, the amount applicable in respect of a person of the offender’s age under paragraph 1(1) of that Schedule, on the first day of the disqualification period or, as the case may be, on the first day of the relevant period. (3) Payment of state pension credit shall not be reduced under this regulation to less than 10p per week. (4) A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p. (5) Where the rate of state pension credit payable to an offender or an offender’s family member changes, the rules set out in paragraphs (1) to (4) for a reduction in the credit payable shall be applied to the new rate and any adjustment to the reduction shall take effect from the beginning of the first benefit week to commence following the change. (6) In paragraph (5) “benefit week” has the same meaning as in regulation 1(2) of the State Pension Credit Regulations (Northern Ireland) 2002. (7) A person of a prescribed description for the purposes of the definition of “family” in section 133(1) of the Benefits Act as it applies for the purpose of this regulation is – (a) a person who is an additional spouse for the purposes of section 12(1) of the State Pension Credit Act (Northern Ireland) 2002 (additional spouse in the case of polygamous marriages); (b) a person aged 16 or over who is treated as a child for the purposes of section 138 of the Benefits Act.

SCHEDULE 1

PART I — circumstances in which persons are treated as being or not being severely disabled

Severe disablement

1

(1) For the purposes of regulation 6(4) (additional amounts for persons severely disabled), the claimant is to be treated as being severely disabled if, and only if –

(a) in the case of a claimant who has no partner –

(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;

(ii) no person who has attained the age of 18 is normally residing with the claimant, nor is the claimant normally residing with such a person, other than a person to whom paragraph 2 applies, and

(iii) no person is entitled to and in receipt of an allowance under section 70 of the Contributions and Benefits Act (carer’s allowance) in respect of caring for him;

(b) in the case of a claimant who has a partner –

(i) both partners are 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) no person who has attained the age of 18 is normally residing with the partners, nor are the partners normally residing with such a person, other than a person to whom paragraph 2 applies,

and either a person is entitled to, and in receipt of, an allowance under section 70 of the Contributions and Benefits Act in respect of caring for one only of the partners or, as the case may be, no person is entitled to, and in receipt of, such an allowance in respect of caring for either partner;

(i) either the claimant or his partner 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) the other partner is registered as blind in a register compiled by a Health and Social Services Board established under Article 16 of the 1972 Order[^f00049];

(iii) no person who has attained the age of 18 is normally residing with the partners, nor are the partners normally residing with such a person, other than a person to whom paragraph 2 applies, and

(iv) no person is entitled to and in receipt of an allowance under section 70 of the Contributions and Benefits Act in respect of caring for the person to whom head (c)(i) applies.

(2) A person shall be treated –

(a) for the purposes of sub-paragraph (1) as being in receipt of attendance allowance or, as the case may be, 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, for any period –

(i) before an award is made but in respect of which the allowance is awarded, or

(ii) not covered by an award but in respect of which a payment is made in lieu of an award;

(b) for the purposes of sub-paragraph (1)(b) 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;

(c) for the purposes of sub-paragraph (1), as not being in receipt of an allowance under section 70 of the Contributions and Benefits Act for any period before the date on which the award is first paid.

(3) For the purposes of sub-paragraph (1)(c)(ii), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the requirements set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

Persons residing with the claimant whose presence is ignored

2

(1) For the purposes of paragraph 1(1)(a)(ii), (b)(ii) and (c)(iii), this paragraph applies to the persons specified in sub-paragraphs (2) to (7).

(2) A person who –

(a) 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;

(b) is registered as blind in a register compiled by a Health and Social Services Board established under Article 16 of the 1972 Order;

(d) lives with the claimant in order to care for him or his partner and is engaged by a charitable or voluntary organisation which makes a charge to the claimant or his partner for the services provided by that person;

(e) is a partner of a person to whom head (d) applies, or

(f) is a person who is a qualifying young person or child for the purposes of Part IX of the Contributions and Benefits Act (child benefit).

(3) Subject to sub-paragraph (4), a person who joins the claimant’s household for the first time in order to care for the claimant or his partner and immediately before he joined the household, the claimant or his partner was treated as being severely disabled.

(4) Sub-paragraph (3) applies only for the first 12 weeks following the date on which the person first joins the claimant’s household.

(5) A person who is not a close relative of the claimant or his partner and –

(a) who is liable to make payments on a commercial basis to the claimant or his partner in respect of his occupation of the dwelling;

(b) to whom the claimant or his partner is liable to make payments on a commercial basis in respect of his occupation of that person’s dwelling, or

(6) Subject to paragraph 3(3), a person who jointly occupies the claimant’s dwelling and who is either –

(a) co-owner of that dwelling with the claimant or the claimant’s partner (whether or not there are other co-owners), or

(b) jointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of his occupation of that dwelling.

(7) Subject to paragraph 3(3), a person who is a partner of a person to whom sub-paragraph (6) applies.

3

(1) For the purposes of paragraphs 1 and 2, a person resides with another person only if they share any accommodation except a bathroom, a lavatory or a communal area, but not if each person is separately liable to make payments, in respect of his occupation of the dwelling, to the landlord.

(2) In sub-paragraph (1) “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.

(3) Paragraph 2(6) and (7) applies to a person who is a close relative of the claimant or his partner only if the claimant or his partner’s co-ownership, or joint liability to make payments to a landlord in respect of his occupation of the dwelling, arose either before 11th April 1988, or, if later, on or before the date upon which the claimant or the claimant’s partner first occupied the dwelling in question.

PART II — amount applicable for carers

4

(1) For the purposes of regulation 6(6)(a), this paragraph is satisfied if any of the requirements specified in sub-paragraphs (2) to (4) are met.

(2) A claimant is, or in the case of partners either partner is, or both partners are, entitled to an allowance under section 70 of the Contributions and Benefits Act (carer’s allowance).

(3) Where an additional amount has been awarded under regulation 6(6)(a) but –

(a) the person in respect of whose care the allowance has been awarded dies, or

(b) the person in respect of whom the additional amount was awarded ceases to be entitled or ceases to be treated as entitled to the allowance,

this paragraph shall be treated as satisfied for a period of 8 weeks from the relevant date specified in sub-paragraph (4).

(4) The relevant date for the purposes of sub-paragraph (3) is –

(a) the Sunday following the death of the person in respect of whose care the allowance has been awarded (or beginning with and including the date of death if the death occurred on a Sunday);

(b) where head (a) does not apply, the date on which the person who has been entitled to the allowance ceases to be entitled to that allowance.

5

For the purposes of paragraph 4, a person shall be treated as being entitled to and in receipt of an allowance under section 70 of the Contributions and Benefits Act for any period not covered by an award but in respect of which a payment is made in lieu of an award.

6

(1) If on the relevant day the relevant amount exceeds the provisional amount, an additional amount (“the transitional amount”) equal to the difference shall be applicable to a claimant to whom sub-paragraph (2) applies.

(2) This sub-paragraph applies to a claimant who, in respect of the day before the relevant day, was entitled to either income support , an income-based jobseeker’s allowance or an income-related employment and support allowance .

(3) The relevant day is the day in respect of which the claimant is first entitled to state pension credit.

(4) The provisional amount means the amount of the appropriate minimum guarantee applicable to the claimant on the relevant day but for this paragraph.

(5) The relevant amount means the amount which, on the day before the relevant day, was the claimant’s applicable amount –

(a) for the purposes of determining his entitlement to income support, ...

(b) for the purposes of determining his entitlement to an income-based jobseeker’s allowance,

less any of the following amounts included in it –

(i) any amount determined in accordance with paragraph 2 of Schedule 2 to the Income Support Regulations[^f00050] or paragraph 2 of Schedule 1 to the Jobseeker’s Allowance Regulations[^f00051];

(ii) any amount by way of a residential allowance applicable in accordance with paragraph 2A of Schedule 2 to the Income Support Regulations[^f00052] or paragraph 3 of Schedule 1 to the Jobseeker’s Allowance Regulations[^f00053];

(iii) any amount by way of family premium applicable in accordance with paragraph 3 of Schedule 2 to the Income Support Regulations[^f00054] or paragraph 4 of Schedule 1 to the Jobseeker’s Allowance Regulations[^f00055];

(iv) any amount by way of disabled child premium applicable in accordance with paragraph 14 of Schedule 2 to the Income Support Regulations[^f00056] or paragraph 16 of Schedule 1 to the Jobseeker’s Allowance Regulations, and

(v) any amount in respect of a person other than the claimant or his partner by way of enhanced disability premium applicable in accordance with paragraph 13A of Schedule 2 to the Income Support Regulations[^f00057] , paragraph 7 of Schedule 4 to the Employment and Support Allowance Regulations or paragraph 15A of Schedule 1 to the Jobseeker’s Allowance Regulations[^f00058].

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