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The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008

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Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

6.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(1) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation)—

(a)for the definition of “concessionary payment” substitute—

“concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged to a Departmental Expenditure Vote to which payments of benefit or tax credits under the benefit Acts or the Tax Credits Act are charged; and

(b)for the definition of “war widower’s pension” substitute—

“war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003(2);

“war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension;

“war widow’s pension” means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;

“war widower’s pension” means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;.

(3) In regulation 22(1) (circumstances in which income of non-dependant is to be treated as claimant’s) for “income support or an income-based jobseeker’s allowance” substitute “a guarantee credit”.

(4) In regulation 27(1) (meaning of “income”)—

(a)in sub-paragraph (f) for “but only where the condition referred to in article 23(2)(c) is met” substitute “in any case where Article 23(2)(c) applies”; and

(b)for sub-paragraph (j) substitute—

(j)a payment made—

(i)under Article 30 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, in any case where Article 30(1)(b) applies, or

(ii)under Article 12 of that Order, in any case where Article 12(8)(b) applies;.

(5) In regulation 29(11)(d)(vi) (treatment of child care charges) for “under a war pension scheme” substitute “paid as part of a war disablement pension or under”.

(6) In Schedule 6 (amounts to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 1—

(i)in sub-paragraph (c) omit “the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 or the Pensions and Yeomanry Pay Act 1884, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and”, and

(ii)in sub-paragraph (d) at the end add “and, if the amount of that payment has been abated by a payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005, an amount of the pension payable under either of those schemes equal to the amount of that abatement”;

(b)in paragraph 5 at the end add “and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.”;

(c)in paragraph 14 for “pension under Part III” substitute “pension or allowance under Part 2 or 3” and omit “spouse or civil”;

(d)in paragraph 22(3) after “satisfies” insert “any of”; and

(e)omit paragraph 24.

(7) In Schedule 7 (capital to be disregarded)—

(a)in paragraphs 15 and 21(2)(i) for “war disablement pension or a war widow’s or widower’s pension” substitute “war pension”;

(b)in paragraph 18 for “or 21” substitute “, 21 or 28A”; and

(c)after paragraph 28 insert—

28A.  Any arrears of supplementary pension which is disregarded under paragraph 5 of Schedule 6 (amounts to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 6 or 7 of that Schedule..

(1)

S.R. 2006 No. 406; relevant amending Regulation is S.R. 2007 No. 153

(2)

2003 c. 1; Sub-section (2) was inserted into section 639 by section 19(4) of the Finance Act 2005 (c. 7)

(3)

Paragraph 22 was amended by Article 20(9) of S.R. 2007 No. 153

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