The State Pension Credit (Miscellaneous Amendments) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 and the State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”) in respect of state pension credit.

Regulation 2 provides that, where a state pension credit claimant aged 65 or over is awarded housing costs, a change in a non-dependant’s circumstances which reduces the award shall take effect 26 weeks after the change occurred.

Regulation 3 amends the State Pension Credit Regulations. It amends the provisions relating to the date which occupational pensions increase (regulation 10(5) of the State Pension Credit Regulations) and the provisions relating to the treatment of deemed increases to the assessed amount made under the annual Social Security Benefits Uprating Order (regulation 10(6) of the State Pension Credit Regulations). Regulation 3 also inserts a new provision in respect of the treatment of final payments of income (regulation 17ZA) and amends regulation 21 of the State Pension Credit Regulations to provide that a person shall not be treated as depriving himself of a capital resource if he disposes of it for the purpose of paying or reducing a debt or, in certain cases, purchasing goods or services.

Regulation 4 makes a consequential saving.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.