State Pension Credit Act (Northern Ireland) 2002

Duration of assessed income period N.I.

9.— [F1 (1) An assessed income period shall (subject to the following subsections) be—

(a) in the case of a claimant who is under the age of 75 on the day on which the relevant decision takes effect, the period of 5 years beginning with that day;

(b) in the case of a claimant who is aged 75 or over on that day, an indefinite period beginning with that day.]

(2) If the Department considers that the particulars of the claimant's retirement provision, as determined for the purposes of the relevant decision, are not likely, after taking account of any assumed variations under subsection (3), to be typical of the claimant's retirement provision throughout the period of 12 months beginning with (and including) the day on which that decision takes effect—

(a) it need not specify a period under section 6(1); and

(b) if it does so, it [F2 shall specify a period that is shorter than 5 years] (but beginning as mentioned in subsection (1)).

(3) It shall be assumed for the purposes of subsection (2) that the same variations fall to be made in relation to the amount of an element of the claimant's retirement provision as determined for the purposes of the relevant decision as would fall to be made under section 7(4) if an assessed income period were to be specified in accordance with subsection (1).

(4) An assessed income period shall, except in prescribed circumstances, end at any time at which—

(a) the claimant becomes a member of a[F3 couple];

(b) the claimant ceases to be a member of a[F3 couple];

(c) the claimant attains the age of 65; or

(d) in a case where the claimant is a member of a[F3 couple], the other member of the couple attains the age of 65.

(5) Regulations may prescribe further times at which, or circumstances in which, an assessed income period shall end.

[F4 (6) Where—

(a) an assessed income period is brought to an end by the expiry of a period of 5 years or more, and

(b) the claimant is aged 80 or over at that time,

the assessed income period shall be treated as not ending at that time but, subject to subsection (4) and provision made under subsection (5), as continuing indefinitely.]

Annotations:

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F1 S. 9(1) substituted (6.4.2009) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 84(2), 118(4) (with s. 84(5))

F2 Words in s. 9(2)(b) substituted (6.4.2009) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 84(3), 118(4) (with s. 84(5))

F3 2004 c. 33

F4 S. 9(6) added (6.4.2009) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 84(4), 118(4) (with s. 84(6))