2. A person is to be treated as not in Northern Ireland if he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland, but for this purpose, no person is to be treated as not habitually resident in the United Kingdom who is –
(a)a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No.1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC;
(b)a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(1), as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967(2);
(c)a person who has been granted exceptional leave(3) to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971(4), or to remain in the United Kingdom by the Secretary of State, or
(d)a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999(5) and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.
3.—(1) A person’s entitlement to state pension credit during periods of temporary absence from Northern Ireland is to continue –
(a)for up to 4 weeks in the circumstances specified in paragraph (2);
(b)for up to 8 weeks in the circumstances specified in paragraph (3).
(2) The circumstances specified in this paragraph are that –
(a)the period of the claimant’s absence from Northern Ireland is unlikely to exceed 52 weeks, and
(b)while absent from Northern Ireland, the claimant continues to satisfy the other conditions of entitlement to state pension credit.
(3) The circumstances specified in this paragraph are that –
(a)the period of the claimant’s absence from Northern Ireland is unlikely to exceed 52 weeks;
(b)while absent from Northern Ireland, the claimant continues to satisfy the other conditions of entitlement to state pension credit;
(c)the claimant is accompanying a young person solely in connection with arrangements made for the treatment of that person for a disease or bodily or mental disablement, and
(d)those arrangements relate to treatment –
(i)outside Northern Ireland,
(ii)during the period whilst the claimant is temporarily absent from Northern Ireland, and
(iii)by, or under the supervision of, a person appropriately qualified to carry out that treatment.
(4) In paragraph (3) –
“young person” means a 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 claimant or the claimant’s partner;
“appropriately qualified” means qualified in providing medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.
4.—(1) For the purposes of the Act, a person who is not in Northern Ireland shall be treated as being in Northern Ireland during any period in which he is receiving treatment at a hospital or other institution outside Northern Ireland if the treatment is being provided under Articles 5(6), 7 and 8 of the Health and Personal Social Services (Northern Ireland) Order 1972(7) or pursuant to arrangements made under Article 14A of that Order(8) or paragraph 13 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991(9).
(2) Paragraph (1) applies only where –
(a)the “person” is the claimant or his partner, and
(b)the claimant satisfied the conditions for entitlement to state pension credit immediately before he or, as the case may be, his partner, left Northern Ireland.
5.—(1) A person is to be treated as not being a member of the same household as the claimant if –
(a)he is living away from the claimant and –
(i)he does not intend to resume living with the claimant, or
(ii)his absence is likely to exceed 52 weeks except where there are exceptional circumstances (for example the person is in hospital or otherwise has no control over the length of his absence), and the absence is unlikely to be substantially more than 52 weeks;
(b)he or the claimant is permanently in a residential care home or nursing home;
(c)he or the claimant is, or both are –
(i)patients detained in accommodation provided under Article 110 of the Mental Health (Northern Ireland) Order 1986;
(ii)detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or
(iii)on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953(10);
(d)the claimant is abroad and does not satisfy either the circumstances specified in paragraph (2) or (3) of regulation 3 (persons temporarily absent from Northern Ireland);
(e)either he or the claimant is not in Northern Ireland and is not treated as being in Northern Ireland in accordance with regulation 4;
(f)he is not in Northern Ireland and none of the circumstances specified in either paragraph (2) or (3) of regulation 3 would, had he been the claimant, apply in his case;
(g)he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland;
(h)he is a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999(11).
(2) Subject to paragraph (1), partners shall be treated as members of the same household notwithstanding that they are temporarily living apart.
6.—(1) Except as provided in the following provisions of these Regulations, the standard minimum guarantee is –
(a)£155·80 per week in the case of a claimant who has a partner;
(b)£102·10 per week in the case of a claimant who has no partner.
(2) Paragraph (3) applies in the case of –
(a)prisoners, and
(b)members of religious orders who are fully maintained by their order.
(3) In a case to which this paragraph applies –
(a)section 2(3) of the Act has effect with the substitution for the reference to the standard minimum guarantee in section 2(3)(a) of the Act of a reference to a nil amount, and
(b)except in the case of a person who is a remand prisoner, nil is the prescribed additional amount for the purposes of section 2(3)(b) of the Act.
(4) Except in a case to which paragraph (3) applies, an amount additional to that prescribed in paragraph (1) shall be applicable under paragraph (5) if the claimant is treated as being a severely disabled person in accordance with paragraph 1 of Part I of Schedule 1 (circumstances in which persons are treated as being or not being severely disabled).
(5) The additional amount applicable is –
(a)except where paragraph (b) applies, £42·95 per week if paragraph 1(1)(a), (b) or (c) of Part I of Schedule 1 is satisfied, or
(b)£85·90 per week if paragraph 1(1)(b) of Part I of Schedule 1 is satisfied otherwise than by virtue of paragraph 1(2)(b) of that Part and no one is entitled to and in receipt of an allowance under section 70 of the Contributions and Benefits Act (carer’s allowance) in respect of caring for either partner.
(6) Except in a case to which paragraph (3) applies, an amount additional to that prescribed in paragraph (1) shall be applicable –
(a)if paragraph 4 of Part II of Schedule 1 (amount applicable for carers) is satisfied;
(b)in accordance with Part III of Schedule 1 (amount applicable for former claimants of income support or income-based jobseeker’s allowance), or
(c)except where paragraph (7) applies, in accordance with Schedule 2 (housing costs).
(7) This paragraph applies in the case of a person who has been detained in custody for more than 52 weeks pending trial or sentence following conviction by a court.
(8) The amount applicable if paragraph 4 of Part II of Schedule 1 is satisfied is £25.10 per week, and in the case of partners, this amount is applicable in respect of each partner who satisfies that paragraph.
(9) In the case of a remand prisoner, paragraph (6) shall apply as if sub-paragraphs (a) and (b) of that paragraph were omitted.
(10) In this regulation, “remand prisoner” means a person who, for a period not exceeding 52 weeks, has been detained in custody on remand pending trial or, as a condition of bail, required to reside in a hostel or, as the case may be, detained pending sentence upon conviction.
7.—(1) The percentage prescribed for the purposes of determining –
(a)the maximum savings credit is 60 per cent.;
(b)“amount A” in section 3(4) of the Act is 60 per cent.;
(c)“amount B” in section 3(4) of the Act is 40 per cent. .
(2) The amount prescribed for the savings credit threshold is £77·45 for a claimant who has no partner and £123·80 for a claimant who has a partner.
(3) The maximum savings credit shall be taken to be nil in the case of –
(a)prisoners, and
(b)members of religious orders who are fully maintained by their order.
(4) If a calculation made for the purposes of paragraph (1)(b) or (c) results in a fraction of a penny, that fraction shall, if it would be to the claimant’s advantage, be treated as a penny, otherwise it shall be disregarded.
8. Schedule 3 (special groups) shall have effect in the case of members of polygamous marriages and patients.
9. For the purposes of section 3 of the Act (savings credit), all income is to be treated as qualifying income except the following which is not to be treated as qualifying income –
(a)working tax credit;
(b)incapacity benefit;
(c)a contribution-based jobseeker’s allowance within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995(12);
(d)severe disablement allowance;
(e)maternity allowance;
(f)payments referred to in regulation 15(5)(d) (maintenance payments).
10.—(1) For the purposes of section 6(2)(b) of the Act (circumstances in which the Department is prevented from specifying an assessed income period), the circumstances are –
(a)in the case of partners, one partner is under the age of 60, or
(b)state pension credit is awarded, or awarded at a higher rate, because an element of the claimant’s retirement provision which is due to be paid to the claimant stops temporarily.
(2) The circumstances prescribed for the purposes of section 7(4) of the Act (circumstances in which assessed amounts are deemed not to change) are that –
(a)the claimant’s retirement pension scheme or annuity contract contains no provision for periodic increases in the amount payable, or
(b)the assessed income comprises income from capital other than income to which paragraph (7) applies.
(3) Paragraphs (4) and (5) do not apply where the assessed amount comprises income from capital.
(4) Where the Department is informed that the arrangements under which the assessed amount is paid contains provision –
(a)for the payment to be increased periodically;
(b)for the date on which the increase is to be paid, and
(c)for determining the amount of the increase,
the assessed amount shall be deemed to increase from the day specified in paragraph (5) by an amount determined by applying those provisions to the amount payable apart from this paragraph.
(5) The day specified in this paragraph is –
(a)if the benefit week commences on the date on which the increase is to be paid, that day;
(b)if sub-paragraph (a) does not apply, the first day of the next benefit week to commence after that date.
(6) Except where paragraph (4) applies, the assessed amount shall be deemed to increase –
(a)on the next pay day following the date in April each year on which increases in the additional pensions in the rates of long-term benefits come into operation by virtue of an order under section 132(1) of the Administration Act, and
(b)by an amount produced by applying to the assessed amount the same percentage increase as that applied for the purposes of additional pensions under that order.
(7) Where the assessed amount comprises income from capital, it shall be deemed to increase or decrease –
(a)on the first day of the next benefit week to commence on or after the day on which the income increases or decreases, and
(b)by an amount equal to the change in the claimant’s income produced by applying to his income changes made to the yields capital is deemed to produce, or to the capital amounts, specified in regulation 15(6), or to both if both are changed.
(8) In paragraph (6)(a), “pay day” means the day on which state pension credit is normally paid to the claimant.
11. Where an element of a person’s retirement provision ceases to be payable by one source but –
(a)responsibility for that element is assumed by another source, income from both those sources shall be treated as income from the same source, or
(b)in consequence of that element ceasing, income of a different description becomes payable from a different source, that income shall be treated as income of the same description from the same source as the element which ceased to be payable.
12. An assessed income period shall end at such time as –
(a)the claimant no longer satisfies a condition of entitlement to state pension credit;
(b)payments of an element of the claimant’s retirement provision which is due to be paid to him stops temporarily or the amount paid is less than the amount due and in consequence his award of state pension credit is superseded under Article 11 of the Social Security (Northern Ireland) Order 1998(13);
(c)a claimant who has no partner is provided with accommodation in a residential care home or nursing home other than on a temporary basis.
13. Where the amount of state pension credit payable is less than 10p per week, the credit shall not be payable unless the claimant is in receipt of another benefit payable with the credit.
Cmnd. 9171
Cmnd. 3906
See Home Office evidence to the House of Commons Home Affairs Committee, Sub-Committee on Race Relations and Immigration (SCORRI) 1984 – 5 Session; 17th December 1984; paragraphs 44 to 47
Article 5 was amended by the Mental Health (Northern Ireland) Order S.I. 1986/595 (N.I. 14) and the Health and Social Security (Northern Ireland) Order (S.I. 1984/1158 (N.I. 18))
S.I. 1972/1265 (N.I. 14)
Article 14A was inserted by paragraph 2 of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20))
S.I. 1991/194 (N.I. 1); paragraph 13 of Schedule 3 was amended by Schedule 1 to the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2))
S.I. 1995/2705 (N.I. 15)
S.I. 1998/1506 (N.I. 10)