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

Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations

26.—(1) The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988(1) shall be amended in accordance with paragraphs (2) to (6).

(2) In regulation 1(2) (interpretation) –

(a) in the definition of “benefit”(2) for “jobseeker’s allowance and”, there shall be substituted “jobseeker’s allowance, state pension credit and”; and

(b) after the definition of “severe disablement allowance” there shall be added the following definitions –

“state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002;

“the State Pension Credit Regulations” means the State Pension Credit Regulations (Northern Ireland) 2003.".

(3) In regulation 7(1)(3) (duplication and prescribed income) –

(a) for “income support and”, there shall be substituted “income support, state pension credit and”;

(b) in sub-paragraph (a), after “Jobseeker’s Allowance Regulations” there shall be inserted “or Part III of the State Pension Credit Regulations”.

(4) In regulation 16 (limitation on deductions from prescribed benefits) –

(a) in paragraph 4A(4), after sub-paragraph (c) there shall be added the following sub-paragraph –

“(d) state pension credit.”;

(b) in paragraph (6)(5), after sub-paragraph (b) there shall be inserted the following sub-paragraph –

“or

(c) in the calculation of the income of a person to whom state pension credit is payable, the amount of earnings or other income falling to be taken into account is reduced in accordance with paragraph 1 of Schedule 4 (amounts to be disregarded in the calculation of income other than earnings) or Schedule 6 (sums disregarded from claimant’s earnings) to the State Pension Credit Regulations,”;

(c) in paragraph (8)(6) –

(i) for the definition of “personal allowance for a single claimant aged not less than 25” there shall be substituted the following definition –

““personal allowance for a single claimant aged not less than 25” means –

(a)

in the case of a person who is entitled to income support or state pension credit, the amount for the time being specified in column (2) of paragraph 1(1)(e) of Schedule 2 to the Income Support Regulations, or

(b)

in the case of a person who is entitled to income-based jobseeker’s allowance, the amount for the time being specified in column (2) of paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations;”;

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

(5) In the provisions listed in paragraph (6), after “income support” in each place where it occurs there shall be inserted “, state pension credit,”.

(6) The provisions referred to in paragraph (5) are –

(a) regulation 5(3)(7) (offsetting prior payment against subsequent award);

(b) regulation 8(2)(8) (duplication and prescribed payments);

(c) regulation 13(b)(9) (sums to be deducted in calculating recoverable amounts);

(d) regulation 14(1)(10) (quarterly diminution of capital);

(e) regulation 15(2)(d)(11) (recovery by deduction from prescribed benefits), and

(f) regulation 17(12) (recovery from couples).

(1)

S.R. 1988 No. 142; relevant amending regulations are S.R. 1988 No. 369, S.R. 1992 No. 6, S.R. 1993 No. 175, S.R. 1995 No. 150 and S.R. 1996 Nos. 289, 464 and 622, S.R. 1999 No. 472 (C. 36) and S.R. 2000 No. 266

(2)

The definition of “benefit” was amended by regulation 4(2) of S.R. 1988 No. 369, regulation 21(2)(b) of S.R. 1995 No. 150 and regulation 15(2)(a) of S.R. 1996 No. 289

(3)

Regulation 7(1) was amended by regulation 2(5)(a) of S.R. 1993 No. 175 and regulation 15(4) of S.R. 1996 No. 289

(4)

Paragraph 4A was inserted by regulation 3(4)(b) of S.R. 1996 No. 464

(5)

Paragraph (6) was substituted by regulation 15(6)(b) of S.R. 1996 No. 289

(6)

Paragraph (8) was amended by regulation 21(4) of S.R. 1995 No. 150, regulation 15(6)(c) of S.R. 1996 No. 289, regulation 16(3) of S.R. 1996 No. 622 and regulation 2(b)(i) of S.R. 2000 No. 266

(7)

Paragraph (3) was amended by regulation 15(3) of S.R. 1996 No. 289

(8)

Regulation 8(2) was amended by regulation 15(3) of S.R. 1996 No. 289 and Article 11(5) of S.R. 1999 No. 472 (C.36)

(9)

Regulation 13(b) was amended by regulation 15(3) of S.R. 1996 No. 289

(10)

Regulation 14(1) was amended by regulation 15(5) of S.R. 1996 No. 289 and regulation 14(5) of S.R. 1992 No. 6

(11)

Regulation 15(2)(d) was amended by regulation 3(3) of S.R. 1996 No. 464

(12)

Regulation 17 was amended by regulation 15(5) of S.R. 1996 No. 289 and regulation 14(8) of S.R. 1992 No. 6