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

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Amendment of the Employment and Support Allowance Regulations

8.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended in accordance with paragraphs (2) to (4).

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

(a)in the definition of “concessionary payment” omit “either to the Northern Ireland National Insurance Fund or”;

(b)in the definition of “war disablement pension” for “retirement pay,” substitute “retired pay or”; and

(c)in the definitions of “war widow’s pension” and “war widower’s pension” for “means a pension” substitute “means any pension or allowance”.

(3) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 16(d) at the end add “and, if the amount of that payment has been abated to less than £10 by a payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005, so much of the pension payable under either of those schemes as would not, in aggregate with the amount of the guaranteed income payment disregarded, exceed £10”; and

(b)for paragraph 49 substitute—

49.(1) If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Contributions and Benefits Act, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of that Act, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

(2) If the claimant is in receipt of any pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006(1), any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family..

(4) In Schedule 9 (capital to be disregarded) in paragraph 50 for “war pension within the meaning of section 25 of the Social Security Act 1989” substitute “war disablement pension, war widow’s pension or war widower’s pension”.

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