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The State Pension Credit (Amendment) Regulations (Northern Ireland) 2015

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Statutory Rules of Northern Ireland

2015 No. 331

Social Security

The State Pension Credit (Amendment) Regulations (Northern Ireland) 2015

Made

15th September 2015

Coming into operation

6th April 2016

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 3ZA, 9(5) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002(1) and section 27(3) of the Pensions Act (Northern Ireland) 2015(2).

Citation and commencement

1.  These Regulations may be cited as the State Pension Credit (Amendment) Regulations (Northern Ireland) 2015 and shall come into operation on 6th April 2016.

Amendment of the State Pension Credit Regulations

2.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(3) are amended in accordance with paragraphs (2) to (4).

(2) After regulation 7 (savings credit) insert—

Limitation of savings credit for certain mixed-age couples

7A.  A person who is a member of a mixed-age couple, is not entitled to a savings credit unless one of the members of the couple—

(a)has been awarded a savings credit with effect from a day before 6th April 2016 and was entitled to a savings credit immediately before 6th April 2016, and

(b)remained entitled to a savings credit at all times since the beginning of 6th April 2016..

(3) In regulation 12 (end of assessed income period)—

(a)omit “at such time as”;

(b)at the start of sub-paragraphs (a), (b) and (c)(4) insert “at such time as”;

(c)in sub-paragraph (c) for “temporary basis.” substitute “temporary basis;”; and

(d)after sub-paragraph (c) add—

(d)if, apart from this sub-paragraph, it would have ended on a date falling within the period specified in column 1 of the table in Schedule 3A, on the corresponding date shown against that period in column 2 of that table..

(4) After Schedule 3 (special groups) insert —

Regulation 12

SCHEDULE 3ADate on which certain fixed length assessed income periods end

Table

Column 1

Period in which the assessed income period

would end apart from regulation 12(d)

Column 2

Date on which assessed income period is to end

1st April 2019 to 14th April 201914th July 2016
15th April 2019 to 30th April 201928th July 2016
1st May 2019 to 14th May 201914th August 2016
15th May 2019 to 31st May 201928th August 2016
1st June 2019 to 14th June 201914th October 2016
15th June 2019 to 30th June 201928th October 2016
1st July 2019 to 14th July 201914th November 2016
15th July 2019 to 31st July 201928th November 2016
1st August 2019 to 14th August 201914th December 2016
15th August 2019 to 31st August 201928th December 2016
1st September 2019 to 14th September 201914th February 2017
15th September 2019 to 30th September 201928th February 2017
1st October 2019 to 14th October 201914th March 2017
15th October 2019 to 31st October 201928th March 2017
1st November 2019 to 14th November 201914th April 2017
15th November 2019 to 30th November 201928th April 2017
1st December 2019 to 14th December 201914th June 2017
15th December 2019 to 31st December 201928th June 2017
1st January 2020 to 14th January 202014th July 2017
15th January 2020 to 31st January 202028th July 2017
1st February 2020 to 14th February 202014th September 2017
15th February 2020 to 29th February 202028th September 2017
1st March 2020 to 14th March 202014th October 2017
15th March 2020 to 31st March 202028th October 2017
1st April 2020 to14th April 202014th December 2017
15th April 2020 to 30th April 202028th December 2017
1st May 2020 to 14th May 202014th January 2018
15th May 2020 to 31st May 202028th January 2018
1st June 2020 to 14th June 202014th March 2018
15th June 2020 to 30th June 202028th March 2018
1st July 2020 to 14th July 202014th April 2018
15th July 2020 to 31st July 202028th April 2018
1st August 2020 to 14th August 202014th June 2018
15th August 2020 to 31st August 202028th June 2018
1st September 2020 to 14th September 202014th July 2018
15th September 2020 to 30th September 202028th July 2018
1st October 2020 to 14th October 202014th August 2018
15th October 2020 to 31st October 202028th August 2018
1st November 2020 to 14th November 202014th October 2018
15th November 2020 to 30th November 202028th October 2018
1st December 2020 to 14th December 202014th November 2018
15th December 2020 to 31st December 202028th November 2018
1st January 2021 to 14th January 202114th January 2019
15th January 2021 to 31st January 202128th January 2019
1st February 2021 to 14th February 202114th February 2019
15th February 2021 to 28th February 202128th February 2019
1st March 2021 to 14th March 202114th March 2019
15th March 2021 to 5th April 202128th March 2019

Sealed with the Official Seal of the Department for Social Development on 15th September 2015

(L.S.)

Ian Snowdon

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the State Pension Credit Regulations (Northern Ireland) 2003 (“the 2003 Regulations”) so as to limit savings credit for certain mixed-age couples and to bring forward the date on which certain assessed income periods end.

Under section 3 of the State Pension Credit Act (Northern Ireland) 2002 the savings credit element of state pension credit is only payable to those who have reached pensionable age before 6th April 2016. A person may still qualify if they are a member of a mixed-age couple where the other member reached pensionable age before that date.

Regulation 2(2) inserts new regulation 7A into the 2003 Regulations so that in the case of a person who is a member of a mixed-age couple, entitlement is restricted to where one of the members of the couple was entitled to a savings credit before 6th April 2016 and has remained entitled to it at all times since that date.

Regulation 2(3) amends regulation 12 of the 2003 Regulations to provide that certain assessed income periods will end on the dates set out in column 2 of new Schedule 3A to the 2003 Regulations; that Schedule is inserted by regulation 2(4) of these Regulations.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

(1)

2002 c. 14 (N.I.); section 3ZA was inserted by paragraph 74 of Schedule 12 to the Pensions Act (Northern Ireland) 2015 (c. 5 (N.I.))

(3)

S.R. 2003 No. 28; relevant amending Regulation is S.R. 2005 No. 458

(4)

Sub-paragraph (c) was amended by regulation 12 and paragraph 3 of Schedule 4 to S.R. 2005 No. 458

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