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

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”.

(1)

S.R. 2003 No. 28

(2)

1998 c. 47

(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))

(5)

2002 c. 4 (N. I.).