The Housing Benefit (War Pension Disregards Amendment) Regulations (Northern Ireland) 2010

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Benefit (War Pension Disregards Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 26th January 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 Housing Benefit Regulations

2.  In paragraph 15 of Schedule 6 to the Housing Benefit Regulations (Northern Ireland) 2006(2) (sums to be disregarded in the calculation of income other than earnings) after sub-paragraph (b) insert—

“(ba) any retired pay or pension payable, to a member of the armed forces of the Crown in respect of a disablement which is attributable to service, under—

(i) an Order in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865(3);

(ii) the Army Pensions Warrant 1977(4);

(iii) any order or regulations made under section 2 of the Air Force (Constitution) Act 1917(5);

(iv) any order or regulations made under section 4 of the Reserve Forces Act 1996(6), or

(v) any instrument amending or replacing any of the instruments referred to in paragraphs (i) to (iv);

(bb) any retired pay or pension payable, to a member of the armed forces of the Crown in respect of a disablement which is attributable to service, under any power of Her Majesty otherwise than under any statutory provision to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

(bc) a pension payable, to a widow, widower or surviving civil partner of a member of the armed forces of the Crown in respect of death which is attributable to service, under—

(i) an Order in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865;

(ii) the Army Pensions Warrant 1977;

(iii) any order or regulations made under section 2 of the Air Force (Constitution) Act 1917;

(iv) any order or regulations made under section 4 of the Reserve Forces Act 1996, or

(v) any instrument amending or replacing any of the instruments referred to in paragraphs (i) to (iv);”.

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

3.  In paragraph 1 of Schedule 6 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(7) (amounts to be disregarded in the calculation of income other than earnings) after sub-paragraph (b) insert—

“(ba) any retired pay or pension payable, to a member of the armed forces of the Crown in respect of a disablement which is attributable to service, under—

(i) an Order in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865;

(ii) the Army Pensions Warrant 1977;

(iii) any order or regulations made under section 2 of the Air Force (Constitution) Act 1917;

(iv) any order or regulations made under section 4 of the Reserve Forces Act 1996, or

(v) any instrument amending or replacing any of the instruments referred to in paragraphs (i) to (iv);

(bb) any retired pay or pension payable, to a member of the armed forces of the Crown in respect of a disablement which is attributable to service, under any power of Her Majesty otherwise than under any statutory provision to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

(bc) a pension payable, to a widow, widower or surviving civil partner of a member of the armed forces of the Crown in respect of death which is attributable to service, under—

(i) an Order in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865;

(ii) the Army Pensions Warrant 1977;

(iii) any order or regulations made under section 2 of the Air Force (Constitution) Act 1917;

(iv) any order or regulations made under section 4 of the Reserve Forces Act 1996, or

(v) any instrument amending or replacing any of the instruments referred to in paragraphs (i) to (iv);”.

Sealed with the Official Seal of the Department for Social Development on 20th January 2010

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

The Department of Finance and Personnel hereby consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 21st January 2010

(L.S.)

Jack Layberry

A senior officer of the Department of Finance and Personnel