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The Social Security (Equalisation of State Pension Age) Regulations (Northern Ireland) 2010

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Equalisation of State Pension Age) Regulations (Northern Ireland) 2010 and shall come into operation on 6th April 2010.

(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support (General) Regulations

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(2) are amended in accordance with paragraphs (2) and (3).

(2) In Schedule 2 (applicable amounts)—

(a)in paragraph 9(3) (pensioner premium for persons under 75), for “not less than 60” substitute “not less than the qualifying age for state pension credit”;

(b)in paragraph 10 (higher pensioner premium)—

(i)in sub-paragraph (1)(b)(4) for “not less than 60” substitute “not less than the qualifying age for state pension credit”;

(ii)in sub-paragraphs (1)(b)(ii)(aa) and (3)(b)(5) for “his partner’s 60th birthday” substitute “the day his partner attained the qualifying age for state pension credit”,

(iii)in sub-paragraph (1)(b)(ii)(bb) for “the age of 60” substitute “the qualifying age for state pension credit”;

(c)in paragraph 11(1)(b)(ii)(6) (disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”;

(d)in paragraph 13A(1)(b)(7) (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”.

(3) In Schedule 10 (capital to be disregarded), in paragraph 4(a)(8) for “is aged 60 or over” substitute “has attained the qualifying age for state pension credit”.

Amendment of the Social Security (Claims and Payments) Regulations

3.  In regulation 35(2) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(9) (payment to a partner as alternative payee) for “the other person has not yet attained the age of 60 in the qualifying week” substitute “in the qualifying week the other person has not yet attained the qualifying age”.

Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations

4.  In regulation 1(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995(10) (interpretation), for the definition of “pensionable age” substitute—

“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995(11);.

Amendment of the Jobseeker’s Allowance Regulations

5.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(12) are amended in accordance with paragraphs (2) to (9).

(2) In regulation 1(2) (interpretation), after the definition of “public authority(13)” insert—

“qualifying age for state pension credit” means—

(a)

in the case of a woman, pensionable age; or

(b)

in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;.

(3) In regulation 49(1)(b) (person approaching retirement and the jobseeking period), for “the age of 60” substitute “the qualifying age for state pension credit”.

(4) In Schedule A1(14) (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order), for paragraph 13 and the heading preceding it, substitute—

Members who have attained the qualifying age for state pension credit

13.  A member who has attained the qualifying age for state pension credit..

(5) In Schedule 1 (applicable amounts)—

(a)in paragraph 10 (pensioner premium for persons over 60)—

(i)in the heading for “over 60” substitute “over the qualifying age for state pension credit”,

(ii)for “the age of 60”, in each place where it occurs, substitute “the qualifying age for state pension credit”;

(b)in paragraph 12 (higher pensioner premium)—

(i)in sub-paragraph (1)(15) for “the age of 60”, in each place where it occurs, substitute “the qualifying age for state pension credit”,

(ii)in sub-paragraphs (1)(a)(ii) and (2)(b), for “his 60th birthday” substitute “the date he attained the qualifying age for state pension credit”;

(c)in paragraph 13(1)(16) (disability premium), for “the age of 60”, in each place where it occurs, substitute “the qualifying age for state pension credit”;

(d)in paragraph 15A(1)(17) (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”;

(e)in paragraph 20(2) (weekly amounts of premiums specified in Part III) for “aged over 60” substitute “who have attained the qualifying age for state pension credit”;

(f)in paragraph 20E(18) (pensioner premium where one member of a joint-claim couple has attained the age of 60) and the heading preceding it for “the age of 60” substitute “the qualifying age for state pension credit”;

(g)in paragraph 20F (higher pensioner premium)—

(i)in sub-paragraph (1)(a) and (b)(19) for “the age of 60” substitute “the qualifying age for state pension credit”;

(ii)in sub-paragraph (1)(b)(i) for “his 60th birthday” substitute “the date he attained the qualifying age for state pension credit”,

(iii)in sub-paragraphs (1)(b)(ii) and (2)(b) for “the 60th birthday of either member of that couple” substitute “the date either member of that couple attained the qualifying age for state pension credit”;

(h)in paragraph 20G(1)(20) (disability premium), for “the age of 60” substitute “the qualifying age for state pension credit”;

(i)in paragraph 20IA(1)(21) (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”;

(j)in paragraph 20M(1) (weekly amounts of premiums specified in Part IVA) for “is aged over 60” substitute “has attained the qualifying age for state pension credit”.

(6) In Schedule 2 (housing costs), in paragraph 8(1)(a)(22) (general exclusions from paragraphs 6 and 7), for “is aged 60 or over” substitute “has attained the qualifying age for state pension credit”.

(7) In Schedule 5 (sums to be disregarded in the calculation of earnings), in paragraph 5—

(a)in sub-paragraph (3)(b) for “is under the age of 60” substitute “has not attained the qualifying age for state pension credit”;

(b)in sub-paragraphs (4)(b) and (7)(a)(i)(23), (b) and (c) for “the age of 60” substitute “the qualifying age for state pension credit”.

(8) In Schedule 5A(24) (sums to be disregarded in the calculation of earnings of members of joint-claim couples), in paragraph 1—

(a)in sub-paragraph (3)(b), for “is under the age of 60” substitute “has not attained the qualifying age for state pension credit”;

(b)in sub-paragraphs (4)(b) and (5)(a)(i)(25), (b) and (c) for “the age of 60” substitute “the qualifying age for state pension credit”.

(9) In Schedule 7 (capital to be disregarded), in paragraph 4(a) for “is aged 60 or over” substitute “has attained the qualifying age for state pension credit”.

Amendment of the Social Fund Winter Fuel Payment Regulations

6.—(1) The Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000(26) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (interpretation), after the definition of “partner” insert—

“qualifying age for state pension credit” means—

(a)

in the case of a woman, pensionable age, or

(b)

in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;.

(3) In regulation 2(1)(27) (social fund winter fuel payments), for sub-paragraph (b) substitute—

(b)in or before the qualifying week has attained the qualifying age for state pension credit,.

(4) In regulation 3(1)(a) (persons not entitled to a social fund winter fuel payment), for head (i)(28) substitute—

(i)a partner of, and living with, a person who attained the qualifying age for state pension credit in or before the qualifying week and to whom state pension credit, an income-based jobseeker’s allowance or an income-related employment and support allowance has been, or falls to be, paid in respect of the qualifying week;.

Amendment of the State Pension Credit Regulations

7.  In Schedule 5 to the State Pension Credit Regulations (Northern Ireland) 2003(29) (income from capital), in paragraph 4(a) for “is either aged 60 or over or incapacitated” substitute “has attained the qualifying age or is incapacitated”.

Amendment of the Housing Benefit Regulations

8.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(30) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 81(11) (time and manner in which claims are to be made), for “the age of 59 years and 35 weeks” substitute “the age which is 17 weeks younger than the qualifying age for state pension credit”.

(3) In Schedule 4 (applicable amounts)—

(a)in paragraph 12 (disability premium), for “is aged less than 60”, in each place where it occurs, substitute “has not attained the qualifying age for state pension credit”;

(b)in paragraph 15(1)(b)(31) (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”.

(4) In Schedule 5 (sums to be disregarded in the calculation of earnings), in paragraph 3(3)(b)(32) for “is under the age of 60” substitute “has not attained the qualifying age for state pension credit”.

(5) In Schedule 7 (capital to be disregarded), in paragraph 4(a) for “where that person is either aged 60 or over or incapacitated” substitute “where that person has attained the qualifying age for state pension credit or is incapacitated”.

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

9.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(33) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 62(12) (time and manner in which claims are to be made), for “the age of 59 years and 35 weeks” substitute “the age which is 17 weeks younger than the qualifying age for state pension credit”.

(3) In Schedule 7 (capital to be disregarded), in paragraph 4(a) for “where that person is either aged 60 or over or incapacitated” substitute “where that person has attained the qualifying age for state pension credit or is incapacitated”.

Amendment of the Housing Benefit (Consequential Provisions) Regulations

10.  In Schedule 3 to the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006(34) (transitional and savings provisions), in paragraph 5(2), in regulation 14(3) (restrictions on unreasonable payments) as set out in that paragraph, for sub-paragraph (a) substitute—

(a)has attained the qualifying age for state pension credit;.

Amendment of the Employment and Support Allowance Regulations

11.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(35) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation), after the definition “public authority”(36) insert—

“qualifying age for state pension credit” means—

(a)

in the case of a woman, pensionable age; or

(b)

in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;.

(3) In regulation 158(3) (meaning of “person in hardship”), for sub-paragraph (e) substitute—

(e)has attained the qualifying age for state pension credit..

(4) In Schedule 9 (capital to be disregarded), in paragraph 4(a) for “is aged 60 or over” substitute “has attained the qualifying age for state pension credit”.

Sealed with the Official Seal of the Department for Social Development on 12th March 2010

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulations 8 to 10.

Sealed with the Official Seal of the Department of Finance and Personnel on 15th March 2010

(L.S.)

Adrian Arbuthnot

A senior officer of the Department of Finance and Personnel

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