The State Pension Credit Regulations (Northern Ireland) 2003

Calculation of weekly income

17.—(1) Except where paragraphs (2) and (4) apply, for the purposes of calculating the weekly income of the claimant where the period in respect of which a payment is made –

(a) does not exceed a week, the whole of that payment shall be included in the claimant’s weekly income;

(b) exceeds a week, the amount to be included in the claimant’s weekly income shall be determined –

(i) in a case where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;

(ii) in a case where that period is 3 months, by multiplying the amount of the payment by 4 and dividing the product by 52;

(iii) in a case where that period is a year, by dividing the amount of the payment by 52;

(iv) in any other case, by multiplying the amount of the payment by 7 and dividing the product by the number of days in the period in respect of which it is made.

(2) Where –

(a) the claimant’s regular pattern of work is such that he does not work the same hours every week, or

(b) the amount of the claimant’s income fluctuates and has changed more than once,

the weekly amount of that claimant’s income shall be determined –

(i) if, in a case to which sub-paragraph (a) applies, there is a recognised cycle of work, by reference to his average weekly income over the period of the complete cycle (including, where the cycle involves periods in which the claimant does no work, those periods but disregarding any other absences), or

(ii) in any other case, on the basis of –

(aa) the last 2 payments if those payments are one month or more apart;

(bb) the last 4 payments if the last 2 payments are less than one month apart, or

(cc) such other payments as may, in the particular circumstances of the case, enable the claimant’s average weekly income to be determined more accurately.

(3) For the purposes of paragraph (2)(b) the last payments are the last payments before the date on which the claim was made or treated as made or, if there is a subsequent supersession under Article 11 of the Social Security (Northern Ireland) Order 1998, the last payments before the date of the supersession.

(4) If a claimant is entitled to receive a payment to which paragraph (5) applies, the amount of that payment shall be treated as if made in respect of a period of a year.

(5) This paragraph applies to –

(a) royalties or other sums payable as a consideration for the use of, or the right to use, any copyright, patent or trademark;

(b) any payment made to the claimant in respect of any book registered under the Public Lending Right Scheme 1982, and

(c) any payment which is made on an occasional basis.

(6) Where payments are made in a currency other than sterling, the value of the payment shall be determined by taking the sterling equivalent on the date the payment is made.

(7) Income specified in Schedule 4 is to be disregarded in the calculation of a claimant’s income.

(8) Schedule 5 shall have effect so that –

(a) the capital specified in Part I of that Schedule shall be disregarded for the purpose of determining a claimant’s income, and

(b) the capital specified in Part II of that Schedule shall be disregarded for the purpose of determining a claimant’s income under regulation 15(6).

(9) The sums specified in Schedule 6 shall be disregarded in calculating –

(a) the claimant’s earnings, and

(b) any amount to which paragraph (5) applies if the claimant or his partner is the first owner of the copyright, patent or trademark or the author of the book registered under the Public Lending Right Scheme 1982.

(10) In the case of any income taken into account for the purpose of calculating a person’s income, there shall be disregarded –

(a) any amount payable by way of income tax;

(b) any amount deducted by way of national insurance contributions under the Contributions and Benefits Act or under the Social Security Contributions and Benefits Act 1992(1).

(1)

1992 c. 4