The State Pension Credit Regulations (Northern Ireland) 2003

[^key-1e92acee275ee06407c70927762488b8]: Word in Sch. 1 para. 6(5)(a) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(7)(c)(i)

[^key-5f0e965d666e0bd58fe3117f28585c3e]: Words in Sch. 1 para. 6(5)(v) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(7)(c)(iii)

[^key-7564f0aa0818afafd11c707ec3350511]: Words in Sch. 1 para. 6(10)(a) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(7)(d)

[^key-9ed09cf8a451ad0b1c63659c303b1687]: Sch. 2 para. 1(2)(b)(iv) and word added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(8)(a)(i)

[^key-7e8b921a92f90686f08a29b4d0c4bb92]: Words in Sch. 2 para. 1(3) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(8)(a)(ii)

[^key-6be946f6f9c5aa7c35696ed0518f6753]: Words in Sch. 2 para. 5(4) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(8)(b)(i)

[^key-4e0b6f73a2bafda17f45416f19278517]: Words in Sch. 2 para. 5(5) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(8)(b)(ii)

[^key-847240a2eea4afc22cae6f7ded92da60]: Words in Sch. 2 para. 7(4A)(a) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(8)(c)(i)

[^key-4d36e9e58ded82540db3daf8cd2450e2]: Word in Sch. 2 para. 7(4B)(a) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(8)(c)(ii)(aa)

[^key-e41abc3711ed4895169c81a1cb3542b6]: Word in Sch. 2 para. 7(4B)(b) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(8)(c)(ii)(bb)

[^key-f20c8dd82ee478d67ab14dbc5b0d4791]: Words in Sch. 2 para. 10(10) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(8)(d)

[^key-a0cb1d6ea8428171cbef80d7beb6c7f5]: Sch. 2 para. 14(7)(g) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(8)(e)

[^key-d10f76bda6fe28817d401eae3c630398]: Sch. 5 para. 20(2)(o) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(9)(a)

[^key-9f6e83c1e3c322d291ce8a7317c31934]: Word in Sch. 5 para. 20A(2)(b) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(9)(b)(i)

[^key-729b28dd99c3d66e05af068428e042a1]: Sch. 5 para. 20A(2)(d) and word added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(9)(b)(ii)

[^key-0fd26d83ff29f951a2a57c7391468042]: Word in Sch. 6 para. 4(1)(a)(vi) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(10)(a)(i)

[^key-55a521938e9862caa9f72e9546fa3f26]: Sch. 6 para. 4(1)(a)(vii) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(10)(a)(ii)

[^key-68bda9a8a4c3b23b0363972029a33ac2]: Words in Sch. 6 para. 4(2) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(10)(b)

[^key-daf57b7d6f2f5e4a4a3f0fbe652c735a]: Words in reg. 1(2) omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 5(2)(a)

[^key-677d6d573305e57fd148ec5177bc6124]: Words in reg. 1(2) omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 5(2)(b)

[^key-dcbf9e746a5f0acbd1fdd4ae9666e7f0]: Words in reg. 1(2) omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 5(2)(c)

[^key-d9f3e277b6f37cfa56bc353b17965c3d]: Words in reg. 1(2) omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 5(2)(d)

[^key-c0cb12e54ea3a63fc3164465c08323f6]: Sch. 2 para. 10(6) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 5(3)(a)

[^key-67749bbdaf54a0653105e1a58c3a6913]: Sch. 2 para. 14(7)(b) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 5(3)(b)

[^key-2d17a1d874a53d9cc3c6a780d14ae7e1]: Words in Sch. 2 para. 14(8)(b) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 5(3)(c)

[^key-e3410ab2414ce99a89fd2f7e881c3d7d]: Words in Sch. 5 para. 15(1) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 5(4)

[^key-d3526a050521c028c8fb3931d795214e]: Sch. 5 para. 20B inserted (coming into force in accordance with reg. 1(2) of the amending Rule) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(2), 4(5)(d)

[^key-b89d435fe97822d21a4a8da610a182fe]: Words in reg. 1(2) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(2)

[^key-210d2a5862ada75c67b279cd7eec07c6]: Reg. 15(5)(a) substituted (coming into force in accordance with reg. 1(2) of the amending Rule) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(2), 4(3)(a)

[^key-59de23b789b43b69d7bef40d2e14b7f7]: Words in reg. 15(5)(ab) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(3)(b)

[^key-bdc7a746c63adf65538c9a0e73cd7f2f]: Reg. 15(5)(ac) inserted (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(3)(c)

[^key-c7d88239f4e32135579ca2f30a8cd72e]: Sch. 2 para. 9(2) substituted (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations (Northern Ireland) 2008 (S.R. 2008/503), regs. 1(3), 2(1)(c)(2)(a)

[^key-327320221d59b2a92443b72321a455e0]: Sch. 2 para. 9(3) omitted (5.1.2009) by virtue of The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations (Northern Ireland) 2008 (S.R. 2008/503), regs. 1(3), 2(1)(c)(2)(b)

[^key-a43bc66538409dbbbbfba7275a3cf0bf]: Sch. 4 para. 1(ba) inserted (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(4)(a)(i)

[^key-f9bd9090bac1c8416ab4b7129f85cd8d]: Words in Sch. 4 para. 1(c) omitted (5.1.2009) by virtue of The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(4)(a)(ii)

[^key-6dcb668bdd2418cf498c3caa3dee60e5]: Words in Sch. 4 para. 1(cc) added (coming into force in accordance with reg. 1(2) of the amending Rule) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(2), 4(4)(a)(iii)

[^key-4f364e0dde6c083f0da095f279722d3f]: Words in Sch. 4 para. 1(d) substituted (coming into force in accordance with reg. 1(2) of the amending Rule) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(2), 4(4)(a)(iv)

[^key-959b5edb15d7e2075536643a83e20bdd]: Words in Sch. 4 para. 3 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(4)(b)

[^key-cd1ade1fe2d4bf7449a2ed1aff8c0ca4]: Sch. 4 para. 6(1)(b) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(4)(d)

[^key-a79677bed257c1fe32eebebec6888801]: Words in Sch. 4 para. 12 substituted (coming into force in accordance with reg. 1(2) of the amending Rule) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(2), 4(4)(e)(i)

[^key-cbb875d8a4a5cc3a14a7ac622befb1f2]: Words in Sch. 4 para. 12 omitted (coming into force in accordance with reg. 1(2) of the amending Rule) by virtue of The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(2), 4(4)(e)(ii)

[^key-166aa7e3c95079ea35e7cee8eb77d2af]: Sch. 4 para. 17 omitted (5.1.2009) by virtue of The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(4)(f)

[^key-186fba4d42dad19d90fd8c13a2fc44c1]: Sch. 5 para. 14(1): Sch. 5 para. 14 renumbered as Sch. 5 para. 14(1) (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(5)(a)

[^key-672935219a82514af2883ada6c2a3c29]: Sch. 5 para. 14(2) added (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(5)(a)

[^key-8a7fcbb0e632e7e1f05b6ba50855d1cc]: Words in Sch. 5 para. 17 inserted (coming into force in accordance with reg. 1(2) of the amending Rule) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(2), 4(5)(b)

[^key-e53dadf7182c5eb1d8b99e148af8c12a]: Words in Sch. 5 para. 20(2)(i) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(5)(c)

[^key-bb43381e0737347afcd199db85f5ed6b]: Sch. 4 para. 4 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(4)(c)

[^key-9a4a8f51a84d8f49a1f36f4f777f762b]: Words in Sch. 6 para. 4(1)(a)(v) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(6)

[^key-ac22410810415d145c1bf316df558fd8]: Word in reg. 2(4)(i) omitted (18.3.2009) by virtue of The Social Security (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/68), regs. 1(1), 4(a)

[^key-d607dd84cdb450965d6f6a9d677d076a]: Word in reg. 2(4)(j) added (18.3.2009) by The Social Security (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/68), regs. 1(1), 4(b)

[^key-87b9695703a5cf827b4306d3bbe21c47]: Reg. 2(4)(k) added (18.3.2009) by The Social Security (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/68), regs. 1(1), 4(b)

Part-weeks

13A

• (1) The guarantee credit shall be payable for a period of less than a week (“a part-week”) at the rate specified in paragraph (3) if –

• (a) the claimant or his partner was entitled to income support , an income-related employment and support allowance or an income-based jobseeker’s allowance immediately before the first day on which the conditions for entitlement to the credit are satisfied, and

• (b) the claimant’s entitlement to the credit is likely to continue throughout the first full benefit week which follows the part-week.

• (2) For the purpose of determining the amount of the guarantee credit payable in respect of the part-week, no regard shall be had to any income of the claimant and his partner.

• (3) The amount of the guarantee credit payable in respect of the part-week shall be determined –

• (a) by dividing by 7 the weekly amount of the guarantee credit which, taking into account the requirements of paragraph (2), would be payable in respect of a full week, and then

• (b) multiplying the resulting figure by the number of days in the part-week, any fraction of a penny being rounded up to the nearest penny.

Date on which benefits are treated as paid

13B

• (1) The following benefits shall be treated as paid on the day of the week in respect of which the benefit is payable –

• (a) severe disablement allowance;

• (b) incapacity benefit;

• (c) maternity allowance;

• (d) contribution-based jobseeker’s allowance within the meaning of Article 3(4) of the Jobseeker’s (Northern Ireland) Order 1995;

• (e) contributory employment and support allowance.

• (2) All benefits except those mentioned in paragraph (1) shall be treated as paid on the first day of the benefit week in which the benefit is payable.

7A

£10 of any widowed mother’s allowance to which the claimant is entitled under section 37 of the Contributions and Benefits Act.

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

Except in the case of income from capital specified in Part II of Schedule 5, any actual income from capital.

1A

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

9A

The assets of any business owned in whole or in part by the claimant if –

• (a) he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement, but

• (b) he intends to become engaged (or as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged, or re-engaged, in that business,

....

20A

• (1) Subject to sub-paragraph (3), any payment of £5,000 or more to which paragraph 20(1)(a), (b) or (c) applies, which has been made to rectify, or to compensate for, an official error relating to a relevant benefit and has been received by the claimant in full on or after the day on which he became entitled to benefit under these Regulations.

• (2) Subject to sub-paragraph (3), the total amount of any payment disregarded under –

• (a) paragraph 7(2) of Schedule 10 to the Income Support Regulations;

• (b) paragraph 12(2) of Schedule 7 to the Jobseeker’s Allowance Regulations, ...

• (c) paragraph 9(2) of Schedule 7 to the Housing Benefit Regulations or paragraph 22 of Schedule 7 to the Housing Benefit (State Pension Credit) Regulations,

or

• (d) paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations,

where the award during which the disregard last applied in respect of the relevant sum either terminated immediately before the relevant date or is still in existence at that date.

• (3) Any disregard which applies under sub-paragraph (1) or (2) shall have effect until the award comes to an end.

• (4) In this paragraph –

• “the award”, except in sub-paragraph (2), means –the award of state pension credit under these Regulations during which the relevant sum or, where it is received in more than one instalment, the first instalment of that sum is received, orwhere that award is followed immediately by one or more further awards which begins immediately after the previous award ends, such further awards until the end of the last award, provided that, for such further awards, the claimant –is the person who received the relevant sum;is the partner of that person, orwas the partner of that person at the date of his death;

• “official error” –where the error relates to housing benefit, has the meaning given by regulation 1(2) of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001, andwhere the error relates to any other relevant benefit, has the meaning given by regulation 1(2) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999;

• “the relevant date” means the date on which the claimant became entitled to benefit under the Act;

• “relevant benefit” means any benefit specified in paragraph 20(2); and

• “the relevant sum” means the total payment referred to in sub-paragraph (1) or, as the case may be, the total amount referred to in sub-paragraph (2).

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2A

Where a person is engaged in one or more of the employments specified in paragraph 2 but his earnings derived from those employments are less than £20 in any week and he is also engaged in any other part-time employment, so much of his earnings from that other employment as would not in aggregate with the amount of his earnings disregarded under paragraph 2 exceed £20.

2B

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

4A

• (1) £20 is the maximum amount which may be disregarded under any of paragraphs 1, 2, 3 or 4 notwithstanding that –

• (a) in the case of a claimant with no partner, he satisfies the requirements of more than one of those paragraphs or, in the case of paragraph 4, he satisfies the requirements of more than one of the sub-paragraphs of that paragraph, or

• (b) in the case of couples, both partners satisfy one or more of the requirements of paragraphs 2, 3 and 4.

• (2) Where, in a case to which sub-paragraph (1)(b) applies, the amount to be disregarded in respect of one of the partners (“the first partner”) is less than £20, the amount to be disregarded in respect of the other partner shall be so much of that other partner’s earnings as would not, in aggregate with the first partner’s earnings, exceed £20.

Treatment of final payments of income

17ZA

• (1) Save where regulation 13B applies, this regulation applies where –

• (a) a claimant has been receiving a regular payment of income;

• (b) that payment is coming to an end or has ended, and

• (c) the claimant receives a payment of income whether as the last of the regular payments or following the last of them (“the final payment”).

• (2) For the purposes of regulation 17(1) –

• (a) where the amount of the final payment is less than or equal to the amount of the preceding, or the last, regular payment, the whole amount shall be treated as being paid in respect of a period of the same length as that in respect of which that regular payment was made;

• (b) where the amount of the final payment is greater than the amount of that regular payment –

• (i) to the extent that it comprises (whether exactly or with an excess remaining) one or more multiples of that amount, each such multiple shall be treated as being paid in respect of a period of the same length as that in respect of which that regular payment was made; and

• (ii) any excess shall be treated as paid in respect of a further period of the same length as that in respect of which that regular payment was made.

• (3) A final payment referred to in paragraph (2)(a) shall, where not in fact paid on the date on which a regular payment would have been paid had it continued in payment, be treated as paid on that date.

• (4) Each multiple and any excess referred to in paragraph (2)(b) shall be treated as paid on the dates on which a corresponding number of regular payments would have been made had they continued in payment.

• (5) For the purposes of this regulation, a “regular payment” means a payment of income made in respect of a period –

• (a) referred to in regulation 17(1)(a) or (b) on a regular date, or

• (b) which is subject to the provisions of regulation 17(2).

Earnings of employed earners

Earnings of self-employed earners

Notional income

Calculation of capital in the United Kingdom

Calculation of capital outside the United Kingdom

Notional capital

Diminishing notional capital rule

Capital jointly held

Income paid to third parties

Rounding of fractions

23A

Where an ex-gratia payment has been made by the Secretary of State to members of the families of the disappeared, but only for a period of 52 weeks from the date of receipt of that payment.

15A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23ZA

Where a person elects to be entitled to a lump sum under Schedule 5 or 5A to the Contributions and Benefits Act or under Schedule 1 to the Graduated Retirement Benefit Regulations, or is treated as having made such an election, and a payment has been made pursuant to that election, an amount equal to—

• (a) except where sub-paragraph (b) applies, the amount of any payment or payments made on account of that lump sum;

• (b) the amount of that lump sum,

but only for so long as that person does not change that election in favour of an increase of pension or benefit.

Persons temporarily absent from Northern Ireland on 6th October 2008

3A

Where a claimant—

• (a) is already temporarily absent from Northern Ireland on 6th October 2008;

• (b) had a continuing entitlement to state pension credit immediately before that day, and

• (c) while absent from Northern Ireland, continues to satisfy the other conditions of entitlement to state pension credit,

the claimant’s entitlement to state pension credit is to continue during that period of absence from Northern Ireland for up to 13 weeks.

Persons receiving treatment outside Northern Ireland

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

Amount of the guarantee credit

Savings Credit

Special groups

Qualifying income for the purposes of savings credit

Assessed income period

Retirement provision in assessed income period

End of assessed income period

Small amounts of state pension credit

Part-weeks

Date on which benefits are treated as paid

20B

Any arrears of supplementary pension which is disregarded under paragraph 4 of Schedule 4 (amounts to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 5 or 6 of that Schedule.