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

Type Ni-Statutory-Rule
Publication 2003-09-24
Last updated 2012-05-01
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API

Made: 24th September 2003

Coming into operation: 6th October 2003

The Department for Social Development, in exercise of the powers conferred on it by sections 5(1)(h), (hh) and (2A) and 165(1), (4)(a) and (6) of the Social Security Administration (Northern Ireland) Act 1992[^f00001], Articles 11(3) and (6) and 74(1) of the Social Security (Northern Ireland) Order 1998[^f00002], section 115(3) and (4) of the Immigration and Asylum Act 1999[^f00003] and sections 1(5), 2(6), 12(2) and (3), 13(1), 15(1)(e) and (j), 15(2), (4), (6)(b) and (d) and 17(2)(a) of the State Pension Credit Act (Northern Ireland) 2002[^f00004], and now vested in it[^f00005], and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

Amendment of the State Pension Credit Regulations

2

  • “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[^f00009];

(e) 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.

(c) that – (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.

(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.

(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.

(17) Any special war widows payment made under – (a) the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865[^f00013]; (b) the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977[^f00014]; (c) the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917[^f00015]; (d) the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980[^f00016]; (e) the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980[^f00017], and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e). (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.

(d) by way of any payment made by the Northern Ireland Housing Executive to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

(h) an increase of a disablement pension under section 104 of the Contributions and Benefits Act (increase where constant attendance needed), and any further increase of such a pension under section 105 of that Act (increase for exceptionally severe disablement);

(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[^f00020]; (b) paragraph 12(2) of Schedule 7 to the Jobseeker’s Allowance Regulations[^f00021], or (c) paragraph 8(2) of Schedule 5 or paragraph 21A of Schedule 5ZA to the Housing Benefit (General) Regulations (Northern Ireland) 1987[^f00022], 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[^f00023], 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[^f00024]; - “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).

(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.

Amendment of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations

3

In regulation 34 of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003[^f00026] (persons entitled to income support immediately before the appointed day) –

(7A) Notwithstanding the provisions of paragraph (7), where the relevant change of circumstances is that the transferee becomes a patient[^f00027] again within the same benefit week in which he ceased to be a patient, the superseding decision in respect of becoming a patient again shall take effect from the first day of the benefit week following the benefit week in which the change occurs.

Amendment of the Social Security (Claims and Payments) Regulations

4

In regulation 32(6)[^f00028] of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00029] (information to be given and changes to be notified) –

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

5

(l) is a relevant decision for the purposes of section 6 of the State Pension Credit Act in a case where – (i) the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations has not been provided in accordance with the time limits set out in regulation 32(6)(c) of those Regulations; (ii) the Department was prevented from specifying a new assessed income period under regulation 10(1) of the State Pension Credit Regulations, and (iii) the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations has since been provided.

(28A) A decision to which regulation 6(2)(k) applies, where – (a) the decision is advantageous to the claimant, and (b) the information and evidence required under regulation 32(1) of the Claims and Payments Regulations has not been provided within the period allowed under that regulation, shall take effect from the day the information and evidence required under that regulation is provided if that day is the first day of the claimant’s benefit week, but, if it is not, from the next following such day. (28B) A decision to which regulation 6(2)(k) applies, where – (a) the decision is disadvantageous to the claimant, and (b) the information and evidence required under regulation 32(1) of the Claims and Payments Regulations has not been provided within the period allowed under that regulation, shall take effect from the day after the period allowed under that regulation expired. (28C) Except where there is a change of circumstances during the period in which the Department was prevented from specifying a new assessed income period under regulation 10(1) of the State Pension Credit Regulations, a decision to which regulation 6(2)(l) applies shall take effect from the day on which the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations was provided.

(5) In a case where the relevant circumstance is that the claimant ceased to be a patient, if he becomes a patient again in the same benefit week, the superseding decision in respect of ceasing to be a patient shall take effect from the first day of the week in which the change occurred.

Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations

6

In regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000[^f00034] (persons not excluded from specified benefits under section 115 of the Act) –

(c) state pension credit under the State Pension Credit Act (Northern Ireland) 2002, a person to whom sub-paragraph (a) would have applied but for the fact that they have attained the qualifying age for the purposes of state pension credit, is a person to whom section 115 of the Act does not apply.

(7) For the purposes of entitlement to state pension credit under the State Pension Credit Act (Northern Ireland) 2002, a person to whom paragraph (5) would have applied but for the fact that they have attained the qualifying age for the purposes of state pension credit, is a person to whom section 115 of the Act does not apply. (8) Where paragraph 1 of Part I of the Schedule to these Regulations applies in respect of entitlement to state pension credit, the period for which a claimant’s state pension credit is to be calculated shall be any period, or the aggregate of any periods, not exceeding 42 days during any one period of leave to which paragraph 1 of Part I of the Schedule to these Regulations applies.

Signed

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

John O'Neill — Senior Officer of the — Department for Social Development

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (“the Claims and Payments Regulations”), the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (“the Decisions and Appeals Regulations”), the State Pension Credit Regulations (Northern Ireland) 2003 and the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003 in connection with the introduction of state pension credit on 6th October 2003.

Regulation 2 amends the State Pension Credit Regulations (Northern Ireland) 2003. In particular it –

Regulation 3 clarifies regulation 34(7) of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003 as an exception to the Decisions and Appeals Regulations.

Regulation 4 amends regulation 32(6) of the Claims and Payments Regulations so as to extend the category of cases to which sub-paragraph (b) applies and inserting sub-paragraph (c).

Regulation 5 amends the Decisions and Appeals Regulations so as to provide a new ground for supersession in relation to state pension credit and new dates on which certain state pension credit decisions take effect.

Regulation 6 amends provisions concerning the circumstances in which certain persons who are subject to immigration control are eligible to be awarded state pension credit.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.

Footnotes

[^f00001]: 1992 c. 8; section 5(l)(hh) was inserted by Article 70 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and amended by paragraph 21 of Schedule 7 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) and section (2A) was inserted by paragraph 3(b) of Schedule 1 to, the State Pension Credit Act (Northern Ireland) 2002 (c. 14)

[^f00002]: S.I. 1998/1506 (N.I. 10); Article 74(1) was amended by paragraph 17(2) of Schedule 4 to, the Tax Credits Act 2002 (c. 21)

[^f00003]: 1999 c. 33

[^f00004]: 2002 c. 14

[^f00005]: See Article 8(b) of S.R. 1999 No. 481

[^f00006]: S.R. 2003 No. 191

[^f00007]: 1954 c. 33 (N.I.)

[^f00008]: S.R. 2003 No. 28

[^f00011]: Regulation 17B was inserted by regulation 5 of S.I. 2003/2175

[^f00012]: Such payments were extended to widowers by the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2002, (S.I. 2002/792)

[^f00013]: 1865 c. 73; Copies of the Order are available from the Ministry of Defence, Veterans Agency, Policy Section, Norcross, Blackpool, FY5 3WP

[^f00014]: Army Code No. 13045 published by the Stationery Office

[^f00015]: 1917 c. 51; Queen’s regulations for the Royal Air Force are available from the Stationery Office

[^f00016]: 1980 c. 9; Copies of the Regulations are available from Ministry of Defence, Veterans Agency, Policy Section, Norcross, Blackpool, FY5 3WP

[^f00017]: Army Code No. 60589 published by the Stationery Office

[^f00018]: Paragraph 9A was inserted by regulation 23(9)(a) of S.R. 2003 No. 191

[^f00019]: Paragraph 20A was inserted by regulation 23(9)(b) of S.R. 2003 No. 191

[^f00020]: Paragraph 7(2) was inserted by regulation 2(b) of S.R. 2002 No. 295

[^f00021]: Paragraph 12(2) was inserted by regulation 4 of S.R. 2002 No. 295

[^f00022]: S.R. 1987 No. 461; paragraph 8(2) was inserted by regulation 3 of S.R. 2002 No. 295, Schedule 5ZA has effect by virtue of paragraph 1(c) of Schedule 2 to, S.R. 2003 No. 197 and paragraph 21A was inserted by regulation 2(14)(c)(xxii) of S.R. 2003 No. 418

[^f00023]: S.R. 2001 No. 213

[^f00024]: S.R. 1999 No. 162; the definition of “official error” was substituted by paragraph 2(b) of Schedule 4 to, S.R. 2001 No. 176 and amended by regulation 2(2)(a) of S.R. 2002 No. 189

[^f00025]: Paragraph 2A was inserted by regulation 23(10)(a) of S.R. 2003 No. 191

[^f00026]: S.R. 2003 No. 191

[^f00027]: “Patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975 (S.R. 1975 No. 109)

[^f00029]: S.R. 1987 No. 465; relevant amending Regulations are S.R. 2003 No. 191

[^f00030]: S.R. 1999 No. 162; relevant amending Regulations are S.R. 2003 No. 191

[^f00033]: Schedule 2B was inserted by regulation 22 of S.R. 2003 No. 191

[^f00034]: S.R. 2000 No. 71

[^f00035]: 2002 c. 14

Editorial notes

[^key-e8a64501ab76980817d623c2801ddbf0]: Reg. 1 in operation at 6.10.2003, see reg. 1(1)

[^key-f766cba8248e99d448791d81960c4a7c]: Reg. 2 in operation at 6.10.2003, see reg. 1(1)

[^key-bd6d7b6cc1b9eb20ec1f5bdb5cdc544f]: Reg. 3 in operation at 6.10.2003, see reg. 1(1)

[^key-cba787ac819508772f46a5e6e7dd6701]: Reg. 4 in operation at 6.10.2003, see reg. 1(1)

[^key-f6ae9d05336ebd0cb942f900b4eb8678]: Reg. 5 in operation at 6.10.2003, see reg. 1(1)

[^key-bebbb85cbee14cf4f2a69f3d4ba219cc]: Reg. 6 in operation at 6.10.2003, see reg. 1(1)

[^key-07aa658be4945261f07b0c8135f38a6c]: Reg. 2(4) revoked (6.10.2008) by The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2008 (S.R. 2008/410), regs. 1(1), 6(a)

[^key-5230bec75d502b82b23f9220756c5d43]: Reg. 2(5)(a)(ii) revoked (6.10.2008) by The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2008 (S.R. 2008/410), regs. 1(1), 6(a)

[^key-6ceab81c123491aa446ce455031d7487]: Reg. 2(5)(b) revoked (6.10.2008) by The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2008 (S.R. 2008/410), regs. 1(1), 6(a)

[^key-fd1f5c2d3b8622457af67cd899ff128c]: Reg. 2(7)(a) revoked (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/92), reg. 1(1), Sch.

[^key-ad93ac41684319c027dfc3cfccb7e503]: Reg. 4(b) revoked (17.4.2012) by The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/140), regs. 1, 6

[^key-d784579296d0e39eab64440fd10ea2cd]: Reg. 2(2)(b) revoked (1.5.2012) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/121), regs. 1(3), 20, Sch.

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