Search Legislation

The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of the State Pension Credit Regulations

This section has no associated Explanatory Memorandum

5.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a)after the definition of “prisoner” insert—

“public authority” has the meaning given in section 75(3) of the Northern Ireland Act 1998(2);; and

(b)after the definition of “residential care home”(3) insert—

“service user group” means a group of individuals that is consulted by or on behalf of—

(a)

a public authority under section 49A of the Disability Discrimination Act 1995(4),

(b)

a council under section 1 of the Local Government (Best Value) Act (Northern Ireland) 2002(5),

(c)

the Patient and Client Council under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(6),

(d)

a body to which sections 17 to 19 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 applies,

(e)

the Commission or the Office of the Health Professions Adjudicator in consequence of a function under section 108 of the Health and Social Care Act 2008(7),

(f)

any other public authority in Northern Ireland in consequence of a function conferred under any statutory provision,

for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;..

(3) After regulation 17A(3)(e)(8) (earnings of employed earners) insert—

(f)any payment in respect of expenses arising out of the claimant’s participation in a service user group..

(4) In regulation 18 (notional income)—

(a)in paragraph (6)(9) for “paragraph (7)” substitute “ the following paragraphs”; and

(b)after paragraph (7)(10) add—

(7A) Paragraph (6) shall not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the claimant’s participation in a service user group..

(5) In Schedule 4 (amounts to be disregarded in the calculation of income other than earnings) in paragraph 1(cc)(11)—

(a)for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within Article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005(12)”;

(b)for “the pension payable under either of those schemes” substitute “that pension or payment”; and

(c)for “aggregate with the” substitute “aggregate with any”.

(3)

The definition of “residential care home” was substituted by regulation 23(2)(b) of S.R. 2003 No. 191

(4)

1995 c. 50; section 49A was inserted by Article 5 of the Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1))

(8)

Paragraph 17A(3) was inserted by regulation 5 of S.I. 2003/2175

(9)

Paragraph (6) was amended by regulation 12(3)(a) of S.R. 2006 No. 104

(10)

Paragraph (7) was added by regulation 12(3)(b) of S.R. 2006 No. 104

(11)

Sub-paragraph (cc) was inserted by regulation 2(8)(a) and (9)(c) of S.R. 2005 No. 98 and amended by regulation 4(4)(a)(iii) of S.R. 2008 No. 498

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources