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The State Pension Regulations (Northern Ireland) 2015

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[F1Credits for persons engaged in caringF2F3F4F5N.I.

This section has no associated Explanatory Memorandum

37.(1) Subject to paragraph (5), a person is to be credited with a Class 3 contribution in respect of a week in which the person is engaged in caring.

(2) A person is engaged in caring in a week if the person is—

(a)caring for another person or persons for a total of 20 or more hours in that week and—

(i)that other person is, or each of the persons cared for is, entitled to a relevant benefit for that week, or

(ii)the Department considers that level of care to be appropriate; or

(b)a person to whom one or more of paragraphs 4 to 6 (persons caring for another person) of Schedule 1B (prescribed categories of person) to the Income Support (General) Regulations (Northern Ireland) 1987 applies.

(3) A person is not engaged in caring for the purposes of this regulation during any period in respect of which the person is—

(a)not ordinarily resident in Northern Ireland; or

(b)undergoing imprisonment or detention in legal custody.

(4) For the purposes of paragraph 2(a)(i) a “relevant benefit” means—

(a)attendance allowance in accordance with section 64 of the Contributions and Benefits Act;

(b)the care component of disability living allowance in accordance with section 72 of the Contributions and Benefits Act (the care component), at the middle or highest rate prescribed in accordance with subsection (3) of that section;

(c)an increase in the rate of disablement pension in accordance with section 104 of the Contributions and Benefits Act (increase where constant attendance needed);

(d)any benefit which is payable as if an injury or disease were one in respect of which a disablement pension would for the time being be payable in respect of an assessment of 100 per cent., by virtue of—

(i)the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983;

(ii)regulations made under—

(aa)paragraph 4(2) of Schedule 8 to the Contributions and Benefits Act (regulations providing for benefit for pre-1948 cases), or

(bb)Article 70(3) of the 2015 Order (injuries arising before 5th July 1948);

(e)a constant attendance allowance payable by virtue of—

(i)article 14 of the Personal Injuries (Civilians) Scheme 1983 (constant attendance allowance); or

(ii)article 8 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006 (constant attendance allowance);

(f)the daily living component of personal independence payment in accordance with Article 83 of the 2015 Order;

(g)armed forces independence payment in accordance with the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.

(5) Except in a case to which paragraph (8) applies, a person is not entitled to be credited with a Class 3 contribution under paragraph (2)(a) unless an application to be so credited is received by the Department in accordance with paragraph (6) and regulation 39.

(6) An application under paragraph (5) must include—

(a)a declaration by the applicant that the applicant cares for a person or persons for 20 or more hours in a week;

(b)the name and, where known, the national insurance number of each person cared for;

(c)where applicable, which relevant benefit each person cared for is entitled to; and

(d)where requested by the Department, a declaration signed by an appropriate person as to the level of care which is required for each person cared for.

(7) For the purposes of paragraph (6)(d), an appropriate person is a person who is—

(a)involved in the health care or social care of the person cared for; and

(b)considered by the Department as appropriate to make a declaration as to the level of care required.

(8) This paragraph applies in the case of a woman in respect of a week in any part of which an election made by her under regulations under section 19(4) of the Contributions and Benefits Act (general power to regulate liability for contributions) is in force.]

F21992 c. 7; section 55A was inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and amended by section 37(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c .4 (N.I.)) and is amended by paragraph 4 of Schedule 11 to the Pensions Act (Northern Ireland) 2015 (c .5 (N.I.))

F3S.I. 1999/3147 (N.I. 11); Articles 21(1) and 45(1) were amended respectively by paragraphs 108 and 112 of Schedule 29 to the Civil Partnership Act 2004 (c. 33) and Article 46 was substituted by section 37(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and is amended by paragraph 11 of Schedule 11 to the Pensions Act (Northern Ireland) 2015

F4See Article 8(b) of S.R. 1999 No. 481

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