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

Amendment of Income Support (General) Regulations

24.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(1) shall be amended in accordance with paragraphs (2) to (7).

(2) In regulation 42 (notional income), in paragraph (2C)(2) for “claimant” there shall be substituted “person”.

(3) In regulation 53(1ZA)(a)(3) (calculation of tariff income from capital), “is aged 60 or over or” shall be omitted.

(4) In Schedule 1B(4) (prescribed categories of persons), paragraph 17 (persons aged 60 or over) shall be omitted.

(5) In Schedule 2 (applicable amounts) –

(a) for paragraph 9(5) (pensioner premium for persons under 75) there shall be substituted the following paragraph –

“9.   The condition is that the claimant has a partner aged not less than 60 but less than 75.”;

(b) for paragraph 9A(6) (pensioner premium for persons 75 and over), there shall be substituted –

“9A.   The condition is that the claimant has a partner aged not less than 75 but less than 80.”;

(c) in paragraph 10(7) (higher pensioner premium) –

(i) for sub-paragraphs (1) and (2) there shall be substituted the following sub-paragraph –

“(1) The condition is that –

(a) the claimant’s partner is aged not less than 80, or

(b) the claimant’s partner is aged less than 80 but not less than 60 and either –

(i) the additional condition specified in paragraph 12(1)(a) or (c) is satisfied, or

(ii) the claimant was entitled to, or was treated as being in receipt of, income support and –

(aa) the disability premium was or, as the case may be, would have been, applicable to him in respect of a benefit week within eight weeks of his partner’s 60th birthday, and

(bb) he has, subject to sub-paragraph (3), remained continuously entitled to income support since his partner attained the age of 60.”;

(ii) in sub-paragraph (3)(b), for “sub-paragraphs (1)(b)(ii) and (2)(b)(ii) are” there shall be substituted “sub-paragraph (1)(b)(ii) is” and after “includes his” there shall be inserted “partner's”;

(d) in paragraph 11 (disability premium) –

(i) in sub-paragraph (a), “he is aged less than 60 and” shall be omitted.

(ii) in sub-paragraph (b) for head (i), there shall be substituted the following head –

“(i) the claimant satisfies the additional condition specified in paragraph 12(1)(a), (b) or (c), or”;

(e) in paragraph 12(8) (additional condition for the higher pensioner and disability premiums), in sub-paragraph (1) for head (c) there shall be substituted the following heads –

“(c) the claimant’s partner was in receipt of long-term incapacity benefit under Part II of the Contributions and Benefits Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act and –

(i) the claimant has since remained continuously entitled to income support;

(ii) the higher pensioner premium or disability premium has been applicable to the claimant, and

(iii) the partner is still alive;

(d) except where paragraph (1)(a), (b), (c)(ii) or (d)(ii) of Schedule 7 (patients) applies, the claimant or, as the case may be, his partner was in receipt of attendance allowance or disability living allowance –

(i) but payment of that benefit has been suspended under the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975(9) or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 21(3), and

(ii) a higher pensioner premium or disability premium has been applicable to the claimant.”;

(f) in paragraph 13A(10) (enhanced disability premium), in sub-paragraph (1) for head (b) and the words which follow that head, there shall be substituted the following head –

“(b) a member of the claimant’s family who is aged less than 60.” ;

(g) in paragraph 15(11) (premiums) –

(i) in column (1) –

(aa) for sub-paragraph (2) there shall be substituted the following sub-paragraph –

“(2) Pensioner premium for persons to whom paragraph 9 applies.”;

(bb) for sub-paragraph (2A)(12) there shall be substituted the following sub-paragraph –

“(2A) Pensioner premium for persons to whom paragraph 9A applies.”;

(cc) for sub-paragraph (3), there shall be substituted the following sub-paragraph –

“(3) Higher pensioner premium for persons to whom paragraph 10 applies.”;

(ii) in column (2) –

(aa) in sub-paragraphs (2), (2A) and (3) the entries relating to head (a) shall in each case be omitted, and

(bb) in sub-paragraphs (2), (2A) and (3) for “(b) £65·15” in each case there shall be substituted “£65·15”.

(6) In Schedule 3 (housing costs) –

(a) in paragraph 6(1B)(13), after “jobseeker’s allowance” there shall be inserted “or state pension credit”;

(b) in paragraph 8(1B)(14), after “jobseeker’s allowance” there shall be inserted “or state pension credit”;

(c) in paragraph 9(1), for head (a) there shall be substituted the following head –

“(a) the claimant’s partner has attained the qualifying age for state pension credit;”;

(d) in paragraph 14, after sub-paragraph (13) there shall be added the following sub-paragraph –

“(14) For the purpose of determining whether the linking rules set out in this paragraph apply in a case where a claimant’s former partner was entitled to state pension credit, any reference to income support in this Schedule shall be taken to include also a reference to state pension credit.”;

(e) in paragraph 18(1), for heads (a) and (b) there shall be substituted the following heads –

“(a) in respect of a non-dependant aged 18 or over who is engaged in any remunerative work but is not in receipt of state pension credit, £47.75;

(b) in respect of a non-dependant who is engaged in remunerative work and in receipt of state pension credit, £7.40;

(c) in respect of a non-dependant aged 18 or over to whom neither head (a) nor head (b) applies, £7.40.”.

(7) In Schedule 8 (sums to be disregarded in the calculation of earnings) –

(a) paragraph 1(a)(i) shall be omitted;

(b) after paragraph 1 there shall be inserted the following paragraph –

“1A.   If the claimant’s partner has been engaged in remunerative work as an employed earner or, had the employment been in Northern Ireland, would have been so engaged, any earnings paid or due to be paid on termination of that employment by way of retirement but only if the partner has attained the qualifying age for state pension credit on retirement.”;

(c) in paragraph 4 –

(i) in sub-paragraph (3), head (b) shall be omitted;

(ii) in sub-paragraph (4) –

(aa) for head (b) there shall be substituted the following head –

“(b) the claimant’s partner has attained the qualifying age for state pension credit;”;

(bb) in head (c) “he or, as the case may be, he or” and “or (3)”shall be omitted;

(iii) in sub-paragraph (7) –

(aa) in head (a), for sub-head (i), there shall be substituted the following sub-head –

“(i) on or after the date on which the claimant’s partner attained the qualifying age for state pension credit during which the partner was not engaged in part-time employment or the claimant was not entitled to income support, or”;

(bb) in head (b), for “the claimant or, as the case may be, his partner attained the age of 60” there shall be substituted “the claimant’s partner attains the qualifying age for state pension credit.”;

(cc) in head (c), for “the claimant or, if he is a member of a couple, he or his partner attained the age of 60” there shall be substituted “the claimant’s partner, if he is a member of a couple, attained the qualifying age for state pension credit.”.

(1)

S.R. 1987 No. 459; relevant amending regulations are S.R. 1988 No. 146, S.R. 1989 Nos. 139, S.R. 1992 Nos. 6 and 147, S.R. 1994 No. 327, S.R. 1995 Nos. 67, 86 and 367, S.R. 1996 No. 199, S.R. 1997 No. 435, S.R. 1998 No. 342, S.R. 2000 Nos. 366 and 367 and S.R. 2002 No. 99

(2)

Paragraph (2C) was inserted by regulation 2(4)(b) of S.R. 1995 No. 367

(3)

Paragraph (1ZA) was inserted by regulation 2(1)(c)(ii) of S.R. 2000 No. 366

(4)

Schedule 1B was inserted by regulation 22 and Schedule 1 to, S.R. 1996 No. 199

(5)

Paragraph 9 was substituted by regulation 5(a) of S.R. 1989 No. 139

(6)

Paragraph 9A was inserted by regulation 5(a) of S.R. 1989 No. 139

(7)

Paragraph 10 was amended by regulation 30(a) of S.R. 1988 No. 146, regulation 10 of S.R. 1992 No. 147 and regulation 8(3)(a) of S.R. 1998 No. 324

(8)

Paragraph 12(1)(c) was amended by regulation 10(4)(b)(ii) of S.R. 1992 No. 6, regulation 2(9)(a)(ii) of S.R. 1994 No. 327, regulation 2(12)(a)(i) of S.R. 1995 No. 67 and regulation 2(9) of S.R. 1995 No. 86

(9)

S.R. 1975 No. 109

(10)

Paragraph 13A was inserted by regulation 2(c)(ii) of S.R. 2000 No. 367

(11)

Relevant amending regulations are Schedule 3 to S.R. 2002 No. 99

(12)

Sub-paragraph (2A) was substituted by regulation 5(c) of S.R. 1989 No. 139

(13)

Sub-paragraph 1B was inserted by regulation 2(4) of S.R. 1997 No. 435

(14)

Sub-paragraph 1B was inserted by regulation 2(6) of S.R. 1997 No. 435