The Social Security Pensions (Home Responsibilities) (Amendment) Regulations (Northern Ireland) 2008

Amendment of the Social Security Pensions (Home Responsibilities) Regulations

2.  In regulation 2 of the Social Security Pensions (Home Responsibilities) Regulations (Northern Ireland) 1994(1) (preclusion from regular employment for the purpose of paragraph 5(7)(b) of Schedule 3 to the Act)—

(a) in paragraph (2)—

(i) after sub-paragraph (a) insert—

“(aa) that child benefit awarded to his partner was payable in respect of a child under the age of 16;”,

(ii) in sub-paragraph (b), for head (i) substitute—

“(i) he is a person to whom paragraphs 4 to 6 of Schedule 1B to the Income Support (General) Regulations (Northern Ireland) 1987(2) apply, and”,

(iii) in sub-paragraph (c)(3), at the end add “throughout the year 2003-04 or any subsequent year”.

(b) After paragraph (4B)(4) insert—

“(4C) In paragraph (2)(aa), “partner” means the person with whom he was both residing and sharing responsibility for the child throughout that year.”.

(c) After paragraph (5)(a) insert—

“(aza) if in the case of a person who satisfies the condition in paragraph (2)(aa)—

(i) such information is not furnished as the Department may from time to time require which is relevant to the question of whether in that year he was precluded from regular employment by responsibilities at home within the meaning of these Regulations,

(ii) he attained pensionable age on or before 5th April 2008 or, in relation to a claim for a bereavement benefit in respect of his death, he died on or before that date, or

(iii) the aggregate of his partner’s earnings factors—

(aa) in respect of any year preceding 2002-03;

(bb) in respect of the year 2002-03 or any subsequent year, where those earnings factors are derived from so much of his earnings as do not exceed the upper earnings limit and upon which primary Class 1 contributions have been paid or treated as paid,

is less than the qualifying earnings factor for the year in question.”.

(1)

S.R. 1994 No. 89; relevant amending Regulations are S.R. 2003 No. 486 and S.R. 2005 No. 16

(2)

S.R. 1987 No. 459; Schedule 1B was inserted by regulation 22 of S.R. 1996 No. 199; paragraph 4 of that Schedule was amended by regulation 33 of S.R. 1996 No. 358, regulation 4(1) of S.R. 2000 No. 74, regulation 3(3) of S.R. 2002 No. 80 and paragraph 1(g) of the Schedule to S.R. 2002 No. 323

(3)

Sub-paragraph (c) was inserted by regulation 2(3)(a) of S.R. 2003 No. 486

(4)

Paragraph (4B) was inserted by regulation 2(3) of S.R. 2005 No. 16