The State Pension Credit Regulations (Northern Ireland) 2003

Further provisions in the case of patients

2.—(1) Sub-paragraph (2) applies in the case of –

(a) a claimant who; or

(b) a claimant who has a partner one or both of whom; or

(c) a claimant who is a member of a polygamous marriage one or more of whose members,

is or are a patient, and has or have been a patient for a period exceeding 13 weeks but not exceeding 52 weeks, or, in exceptional circumstances, is unlikely to substantially exceed 52 weeks (“long term patient”).

(2) In the case of a claimant to whom paragraph (1) applies and who –

(a) has no partner, section 2(3) of the Act has effect with the substitution for the reference to the standard minimum guarantee in paragraph (a) of that section of a reference to an amount determined by taking the amount for the time being specified in regulation 6(1)(b) and reducing it by an amount equal to 38 per cent. of the weekly rate of the basic pension for the time being specified in section 44(4) of the Contributions and Benefits Act(1);

(b) has a partner and one of the partners is a long term patient, section 2(3) of the Act has effect with the substitution for the reference to the standard minimum guarantee in paragraph (a) of that section of a reference to an amount determined by taking the amount for the time being specified in regulation 6(1)(a) and reducing it by an amount equal to 20 per cent. of the weekly rate of the basic pension for the time being specified in section 44(4) of the Contributions and Benefits Act (“the standard reduction”);

(c) has a partner and both partners are long term patients, section 2(3) of the Act has effect with the substitution for the reference to the standard minimum guarantee in paragraph (a) of that section of a reference to an amount determined by taking the amount for the time being specified in regulation 6(1)(a) and reducing it by an amount equal to twice the sum of the standard reduction;

(d) is a member of a polygamous marriage and one or more members of the marriage are long term patients, section 2(3) of the Act has effect with the substitution for the reference to the standard minimum guarantee in paragraph (a) of that section of a reference to an amount determined by taking the amount for the time being specified in regulation 6(1)(a) and (b), as substituted by paragraph 1(5), for the members of the marriage and reducing it by an amount equal to the standard reduction multiplied by the number of members who are long term patients.

(3) In the case of a claimant who –

(a) has no partner, and

(b) is a patient and has been a patient for 52 weeks or more,

section 2(3) of the Act has effect with the substitution for the reference to the standard minimum guarantee in paragraph (a) of that section of a reference to an amount equal to the amount of the standard reduction.

(4) For the purposes of sub-paragraphs (2) and (3), the basic pension shall be rounded to the nearest 5p, 2.5p being rounded to the next 5p.

(5) For any period in respect of which sub-paragraph (2) or (3) applies to a claimant, “amount B” in section 3(4) of the Act (savings credit) shall have effect with the substitution in paragraph (a) of that section to the appropriate minimum guarantee of a reference to an amount determined –

(a) by taking the amount for the time being prescribed under section 2(4) of the Act, and

(b) adding to it such amount (if any) as may be applicable in his case in accordance with section 2(3)(b) of the Act,

and the claimant’s income for the purposes of section 3 of the Act shall be determined without regard to any adjustments which fall to be made in accordance with the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975.

(6) In calculating for the purpose of this paragraph periods of 13 weeks and 52 weeks, any periods separated by 28 days or less in which a person is a patient shall link to form one single such period.

(1)

Subsection (4) was substituted by Article 64 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))