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

Amendment of Schedules 8A to 8C –

14.—(1) In Schedule 8A (deductions from benefits and direct payment to third parties) –

(a) in paragraph 1(1) (interpretation) –

(i) after the definition of “applicable amount” there shall be inserted the following definition –

““appropriate minimum guarantee” means in the case of state pension credit, the standard minimum guarantee and any additional amounts applicable under regulation 6 of the State Pension Credit Regulations less any housing costs under Schedule 2 to those Regulations which may be applicable in the particular case;”

(ii) in the definition of “family”, after paragraph (d), there shall be added “and for the purposes of state pension credit includes any additional partner to whom section 12(1)(c) of the 2002 Act applies;”;

(iii) in the definition of “housing costs”, after paragraph (b), there shall be added the following paragraph –

“(c) Schedule 2 to the State Pension Credit Regulations but –

(i) excludes costs under paragraph 13(1)(d) of that Schedule (tents and sites), and

(ii) includes costs under paragraphs 13(1)(a) (ground rent) and 13(1)(c) (rent charges) of that Schedule but only when they are paid with costs under paragraph 13(1)(b) of that Schedule (service charges);”;

(iv) in the definition of “mortgage payment”, after paragraph (b) there shall be inserted the following paragraph –

“or

(c) Schedule 2 to the State Pension Credit Regulations in accordance with paragraph 7 of that Schedule on a loan which qualifies under paragraph 11 or 12 of that Schedule, but less any amount deducted under paragraph 14 of that Schedule (non-dependant deductions),”;

(v) in the definition of “personal allowance for a single claimant aged not less than 25 years”, after “means” there shall be inserted “, in connection with income support and state pension credit,” and for “as the case may be” there shall be substituted “in connection with jobseeker’s allowance the amount specified in”;

(vi) in the definition of “specified benefit”, after “income support” there shall be inserted “, state pension credit”

(b) in paragraph 3 –

(i) in sub-paragraph (1) for “or an income-based jobseeker’s allowance, or his partner is in debt for any item of housing costs which continues to be applicable to the beneficiary under regulation 17(1)(e) or 18(1)(f) of the Income Support Regulations or, as the case may be, regulation 83(f) or 84(1)(g) of the Jobseeker’s Allowance Regulations” there shall be substituted

“, an income-based jobseeker’s allowance or state pension credit, or his partner is in debt for any item of housing costs which continues to be applicable to the beneficiary under –

(a) regulation 17(1)(e) or 18(1)(f) of the Income Support Regulations;

(b) regulation 83(f) or 84(1)(g) of the Jobseeker’s Allowance Regulations; or

(c) regulation 6(6)(c) of the State Pension Credit Regulations,

as the case may be”,

(ii) in sub-paragraph (2A)(2),

(aa) in head (a) after “applicable amount” there shall be inserted “or appropriate minimum guarantee”;

(bb) after “Jobseeker’s Allowance Regulations” in both places where it occurs, there shall be inserted “or paragraph 5(9) or (12) or paragraph 14 of Schedule 2 to the State Pension Credit Regulations”;

(iii) in sub-paragraph (4)(a) after “regulation 34ZA” there shall be inserted “or 34ZB”.

(c) in paragraph 5(7)(3) after “applicable amount” in both places where it occurs there shall be inserted “or the appropriate minimum guarantee”.

(d) in paragraph 6(5) after “applicable amount” in both places where it occurs there shall be inserted “or the appropriate minimum guarantee”.

(e) in paragraph 8(3)(4), after “applicable amount” in both places where it occurs there shall be inserted “or the appropriate minimum guarantee”.

(2) In Schedule 8B (deductions of mortgage interest from benefit and payment to qualifying lenders) –

(a) in the heading for “Regulation 34ZA” there shall be substituted “Regulations 34ZA and 34ZB”;

(b) in paragraph 1 (interpretation), in the definition of “relevant benefits”, after paragraph (b) there shall be inserted the following paragraph –

“and

(c) state pension credit which is either paid alone or paid together with any retirement pension either separately or in a combined payment in respect of any period,”.

(c) in the heading to paragraph 2 (specified circumstances)(5) at the end there shall be added “for the purposes of regulation 34ZA”;

(d) in paragraph 2(a) for the words from the beginning to “Allowance Regulations” there shall be substituted –

“the amount to be met under –

(i) Schedule 3 to the Income Support Regulations, or

(ii) Schedule 2 to the Jobseeker’s Allowance Regulations, or

(iii) Schedule 2 to the State Pension Credit Regulations,”;

(e) after paragraph 2 there shall be inserted the following paragraph –

“Specified circumstances for the purposes of regulation 34ZB

2A.— (1) The circumstances referred to in regulation 34ZB are that –

(a) the relevant beneficiary is entitled to a savings credit as construed in accordance with sections 1 and 3 of the 2002 Act and not to a guarantee credit; and

(b) paragraph 2 applies.

(2) The further circumstances referred to in that regulation are that –

(a) the relevant beneficiary has requested the Department in writing to make such payments to the qualifying lender; or

(b) the Department has determined that it would be in the relevant beneficiary’s interests, or in the interests of his family, to make such payments to the qualifying lender.

(3) In making the determination referred to in sub-paragraph (2)(b), the Department shall have regard as to whether or not the relevant beneficiary is in arrears with his payments to the qualifying lender.

(4) For the purposes of sub-paragraph (2)(b), “a family” comprises the relevant beneficiary, his partner, any additional partner to whom section 12(1)(c) of the 2002 Act applies and any person who has not attained the age of 19, is treated as a child for the purposes of section 138 of the Contributions and Benefits Act and lives with the relevant beneficiary or the relevant beneficiary’s partner.”;

(f) in paragraph 3(6) (specified part of relevant benefit) –

(i) after sub-paragraph (1), there shall be inserted the following sub-paragraph –

“(1A) Subject to the following provisions of this paragraph, the part of state pension credit which, as determined by the Department in accordance with regulation 34ZA shall be or, in accordance with regulation 34ZB may be, paid directly to the qualifying lender, is a sum equal to the amount of mortgage interest to be met under paragraph 7 of Schedule 2 to the State Pension Credit Regulations.”,

(ii) in sub-paragraph (3) –

(aa) for “or income-based jobseeker’s allowance” there shall be inserted “, of jobseeker’s allowance or a relevant beneficiary’s appropriate minimum guarantee in state pension credit” and for “sub-paragraph (1)” there shall be substituted “sub-paragraph (1) or (1A)”;

(bb) in head (b), after “as the case may be,” there shall be inserted “paragraph 5(9) or (12) or 14 of Schedule 2 to the State Pension Credit Regulations or”;

(cc) in the value “A”, after “as the case may be,” there shall be inserted “paragraph 1 of Schedule 2 to the State Pension Credit Regulations or”;

(dd) in the value “B”, after “as the case may be” there shall be inserted “paragraph 7 of Schedule 2 to the State Pension Credit Regulations or”;

(ee) in the value “C”, after “as the case may be,” there shall be inserted “paragraph 5(9) or (12) or 14 of Schedule 2 to the State Pension Credit Regulations or”;

(iii) in sub-paragraph (4), at the beginning there shall be inserted “Except where the relevant benefit is state pension credit,”,

(iv) after sub-paragraph (9)(7), there shall be added the following sub-paragraphs –

“(10) In sub-paragraph (1) the relevant benefits do not include, in the case of state pension credit but not in a case to which sub-paragraph (11) applies, so much of any additional amount which is applicable in the claimant’s case under Schedule 2 to the State Pension Credit Regulations (housing costs) in respect of a period before the decision awarding state pension credit was made.

(11) This sub-paragraph applies where the last day on which either the claimant or his partner was entitled to income support or to an income-based jobseeker’s allowance was no more than 12 weeks before –

(a) except where paragraph (b) applies, the first day of entitlement to state pension credit; or

(b) where the claim for state pension credit was treated as made on a day earlier than the day on which it was actually made (“the actual date”), the day which would have been the first day of entitlement to state pension credit had the claim been treated as made on the actual date.”;

(g) in paragraph 4(1)(a)(8) (more than one loan), after “as the case may be,” there shall be inserted “paragraph 9 of Schedule 2 to the State Pension Credit Regulations or”;

(h) in paragraphs 5 (time and manner of payments) and 6 (fees payable by qualifying lenders), after “regulation 34ZA” there shall be inserted “or 34ZB”;

(i) in paragraph 8(4) (election not to be regarded as a qualifying lender), for “Regulation 34ZA shall not” there shall be substituted “Neither regulation 34ZA nor 34ZB shall”;

(j) in paragraph 9 –

(i) for sub-paragraph (2)(9), there shall be substituted the following sub-paragraph –

“(2) Subject to sub-paragraph (4), the information referred to in sub-paragraph (1) (a), (b), (c) and (d) shall be provided at the request of the Department when a claim for –

(a) income support or income-based jobseeker’s allowance is made and a sum in respect of mortgage interest is to be brought into account in determining the applicable amount; or

(b) state pension credit is made and a sum in respect of housing costs is applicable in the claimant’s case in accordance with regulation 6(6)(c) of the State Pension Credit Regulations.”,

(ii) in sub-paragraph (3)(a), after “income support” there shall be inserted “, state pension credit”; and

(k) in paragraph 10 (recovery of sums wrongly paid) –

(i) in sub-paragraph (1), after “regulation 34ZA” there shall be inserted “or 34ZB”,

(ii) in sub-paragraph (2)(a)(10), after “Jobseeker’s Allowance Regulations” there shall be inserted “or paragraph 9 of Schedule 2 to the State Pension Credit Regulations”.

(3) In Schedule 8C(11) (deduction from benefit in respect of child support maintenance and payment to persons with care) –

(a) in paragraphs 2(1), 3(1), 5(1) and 6(1) after “income support” there shall be inserted “, state pension credit”.

(b) in paragraph (8) for “and regulation 103(3) of the Jobseeker’s Allowance Regulations” there shall be substituted “, regulation 103(3) of the Jobseeker’s Allowance Regulations and regulation 15(3) of the State Pension Credit Regulations.”.

(1)

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

(2)

Sub-paragraph (2A) was inserted by regulation 4(2)(c) of S.R. 1992 No. 271 and amended by paragraph 1(3) of Schedule 3 to S.R. 1995 No. 301 and regulation 2(26)(c) of S.R. 1996 No. 354

(3)

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

(4)

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

(5)

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

(6)

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

(7)

Sub-paragraph (9) was added by regulation 11(3)(b) of S.R. 2001 No. 78

(8)

Sub-paragraph (1)(a) was amended by regulation 2(27)(e) of S.R. 1996 No. 354

(9)

Sub-paragraph (2) was amended by regulation 2(27)(b) of S.R. 1996 No. 354 and regulation 3(a) of S.R. 1997 No. 435

(10)

Sub-paragraph (2)(a) was amended by regulation 2(27)(g) of S.R. 1996 No. 354 and paragraph 3(5) of Schedule 3 to S.R. 1995 No. 301

(11)

Schedule 8C was inserted by regulation 2(3) of S.R. 2001 No. 22