The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Regulations.)

These Regulations are made either by virtue of, or in consequence of, provisions in the State Pension Credit Act (Northern Ireland) 2002 (c. 14) (“the Act”).

The amendments in Parts II, III, V and VI are consequential on the introduction of state pension credit.

Part VI contains transitional matters.

Part I provides for their citation, commencement and interpretation.

Part II amends the Social Security (Claims and Payments) Regulations (Northern Ireland)1987 so as to make separate provision for claims for, and payment of, state pension credit. Provision is made (regulation 4) for claims to be made by telephone or in person. Claims may be made at any time in the 4 months preceding the day a claimant attains the qualifying age for entitlement to state pension credit (regulation 6).

Regulation 5 provides that claimants may be required to provide information as to the likelihood of future changes in their circumstances.

Regulation 7 provides for the date on which entitlement to state pension credit is to begin and regulation 9 for the day on which, and the method by which the credit is to be paid.

Regulations 8, 10 to 12 and 14 apply provisions currently in the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 to state pension credit. Regulations 12 and 14 also prescribe the cases where payments of mortgage payments may be made directly to qualifying lenders in state pension credit cases as well as making some consequential amendments. In addition, regulation 14 modifies the rule as to when housing costs may be paid directly to such lenders where the claimant was previously in receipt of income support or jobseeker’s allowance. Regulation 13 provides that regulation 34B (transitional provisions relating to persons in hostels and certain residential accommodation) is not to apply to state pension credit.

Part III applies provisions of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 to state pension credit. Regulation 18 prescribes rules as to when superseding decisions may take effect where non-dependant deductions for housing costs purposes become applicable or the amount of a non-dependant’s income increases. Regulation 20 further provides that, where a claimant’s appropriate minimum guarantee includes a transitional amount, provisions in section 139B of the Social Security Administration (Northern Ireland) Act 1992 (inserted by the Act) relating to the effect of alterations affecting state pension credit, are not to apply. Regulation 22 makes provision as to the date from which a decision under Article 11 of the Social Security (Northern Ireland) Order 1998 (superseding decision) resulting from a change of circumstances takes effect.

Part IV makes changes to the State Pension Credit Regulations (Northern Ireland) 2003. It adds provisions –

• relating to part-weeks;

• relating to the rounding of fractions;

• as to the disregard of assets of any business owned by the claimant.

Part IV also prescribes how the transitional amount is to be calculated where a person’s applicable amount in respect of housing costs in income support and jobseeker’s allowance includes an amount for housing costs calculated on a transitional basis. It prescribes rules as to when amounts of loans used to calculate housing costs shall be recalculated and makes changes to the rules on disregarded income and capital. It also makes other minor amendments and certain other clarifications.

Part V adds references to state pension credit to –

• the Income Support (General) Regulations (Northern Ireland) 1987;

• the Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987;

• the Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988;

• the Social Fund (Recovery by Deductions from Benefits) Regulations (Northern Ireland) 1988;

• the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988;

• the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992;

• the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992;

• the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992;

• the Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 1996;

• the Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996;

• the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;

• the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001.

Part V also makes amendments to the Income Support (General) Regulations (Northern Ireland) 1987 consequential upon the Act which removes from entitlement to state pension credit those who have attained the qualifying age for the purposes of state pension credit.

Part VI makes transitional provisions. Regulation 34 provides for those who were entitled to income support immediately before the Act comes into operation to be treated as making a claim for state pension credit and for the determination of that claim. Regulation 35 makes provision for variable assessed income periods. Regulation 36 provides that a person not in receipt of income support may claim state pension credit before provisions of the Act relating to entitlement are commenced.

The provisions of the Act, under which these Regulations are made, were brought into operation, for the purpose only of making regulations, on 2nd December 2002, by virtue of the State Pension Credit (2002 Act) (Commencement No. 1) Order (Northern Ireland) 2002 (S.R. 2002 No. 366 (C. 31)). Since the Regulations are made before the end of a period of 6 months from the commencement of the provision under which they are made, they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), from reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.