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The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2008

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Amendment of the State Pension Credit Regulations

3.—(1) The State Pension Credit Regulations (Northern Ireland) 2003 F1 are amended in accordance with paragraphs (2) to (4).

(2) For regulation 3 F2 (persons temporarily absent from Northern Ireland) substitute—

Persons temporarily absent from Northern Ireland

3.  A claimant's entitlement to state pension credit during periods of temporary absence from Northern Ireland is to continue for up to 13 weeks if—

(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.

Persons temporarily absent from Northern Ireland on 6th October 2008

3A.  Where a claimant—

(a)is already temporarily absent from Northern Ireland on 6th October 2008;

(b)had a continuing entitlement to state pension credit immediately before that day, and

(c)while absent from Northern Ireland, continues to satisfy the other conditions of entitlement to state pension credit,

the claimant's entitlement to state pension credit is to continue during that period of absence from Northern Ireland for up to 13 weeks..

(3) In regulation 5 (persons treated as being or not being members of the same household)—

(a)for paragraph (1)(f) F3 substitute—

(f)he is absent from Northern Ireland for more than 13 weeks;, and

(b)omit paragraph (3) F4.

(4) In Schedule 3 (special groups) in paragraph 1(8) after “regulations” omit “3,”.

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Amendments (Textual)

F1S.R. 2003 No. 28; relevant amending Regulations are S.R. 2003 No. 421 and S.R. 2006 No. 128

F2Regulation 3 was amended by regulation 2(4) of S.R. 2003 No. 421 and regulation 5(2) of S.R. 2006 No. 128

F3Paragraph (1)(f) was substituted by regulation 2(5)(a)(ii) of S.R. 2003 No. 421

F4Paragraph (3) was inserted by regulation 2(5)(b) of S.R. 2003 No. 421

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