The State Pension Credit Regulations (Northern Ireland) 2003
PART I
GENERAL
1
Citation, commencement and interpretation
PART II
ENTITLEMENT AND AMOUNT
2
Persons not in Northern Ireland
3
Persons temporarily absent from Northern Ireland
4
Persons receiving treatment outside Northern Ireland
5
Persons treated as being or not being members of the same household
6
Amount of the guarantee credit
7
Savings Credit
8
Special groups
9
Qualifying income for the purposes of savings credit
10
Assessed income period
11
Retirement provision in assessed income period
12
End of assessed income period
13
Small amounts of state pension credit
13A
Part-weeks
13B
Date on which benefits are treated as paid
PART III
INCOME
14
Calculation of income and capital
15
Income for the purposes of the Act
16
Retirement pension income
17
Calculation of weekly income
17ZA
Treatment of final payments of income
17A
Earnings of employed earners
17B
Earnings of self-employed earners
18
Notional income
19
Calculation of capital in the United Kingdom
20
Calculation of capital outside the United Kingdom
21
Notional capital
22
Diminishing notional capital rule
23
Capital jointly held
24
Income paid to third parties
24A
Rounding of fractions
PART IV
LOSS OF BENEFIT
25
Amendment of the Social Security (Loss of Benefit) Regulations
SCHEDULE 1
PART I
circumstances in which persons are treated as being or not being severely disabled
1
Severe disablement
2
Persons residing with the claimant whose presence is ignored
3
(1) For the purposes of paragraphs 1 and 2, a...
PART II
amount applicable for carers
4
(1) For the purposes of regulation 6(6)(a), this paragraph is...
5
For the purposes of paragraph 4, a person shall be...
PART III
Amount applicable for former claimants of income support or income-based jobseeker’s allowance
6
(1) If on the relevant day the relevant amount exceeds...
SCHEDULE 2
HOUSING COSTS
1
Housing costs
2
Remunerative work
3
Circumstances in which a person is liable to meet housing costs
4
Circumstances in which a person is to be treated as occupying a dwelling as his home
5
Housing costs not met
6
Apportionment of housing costs
7
The calculation for loans
8
General provisions applying to housing costs
9
The standard rate
10
Excessive housing costs
11
Loans on residential property
12
Loans for repairs and improvements to the dwelling occupied as the home
13
Other housing costs
14
Persons residing with the claimant
15
Rounding of fractions
SCHEDULE 3
SPECIAL GROUPS
1
Polygamous marriages
2
Further provisions in the case of patients
SCHEDULE 4
AMOUNTS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
1
In addition to any sum which falls to be disregarded...
2
The whole of any amount included in a pension to...
3
Any mobility supplement under Article 26A of the Naval, Military...
4
Any supplementary pension under Article 29(1A) of the Naval, Military...
5
In the case of a pension awarded at the supplementary...
6
(1) Any payment which is – (a) made under any...
7
£10 of any widowed parent’s allowance to which the claimant...
7A
£10 of any widowed mother’s allowance to which the claimant...
8
(1) Where the claimant occupies a dwelling as his home...
9
If the claimant – (a) owns the freehold or leasehold...
10
Where a claimant receives income under an annuity purchased with...
11
(1) Any payment, other than a payment to which sub-paragraph...
12
Any increase in pension under Part IV of the Naval,...
13
Any payment ordered by a court to be made to...
14
Periodic payments made to the claimant or the claimant’s partner...
15
Any income which is payable outside the United Kingdom for...
16
Any banking charges or commission payable in converting to sterling...
17
Any special war widows payment made under –
18
Except in the case of income from capital specified in...
SCHEDULE 5
INCOME FROM CAPITAL
PART I
CAPITAL DISREGARDED FOR THE PURPOSE OF CALCULATING INCOME
1
Any premises or land acquired for occupation by the claimant...
1A
The dwelling occupied by the claimant as his home but...
2
Any premises which the claimant intends to occupy as his...
3
Any premises which the claimant intends to occupy as his...
4
Any premises occupied in whole or in part –
5
Any future interest in property of any kind, other than...
6
(1) Where a claimant has ceased to occupy what was...
7
Any premises or land where the claimant is taking reasonable...
8
All personal possessions.
9
The assets of any business owned in whole or in...
9A
The assets of any business owned in whole or in...
10
The surrender value of any policy of life insurance.
11
The value of any funeral plan contract and for this...
12
Where an ex-gratia payment has been made by the Secretary...
13
(1) Subject to sub-paragraph (2), the amount of any trust...
14
The amount of any payment, other than a war disablement...
15
(1) Any payment made under the Macfarlane Trust, the Macfarlane...
16
(1) An amount equal to the amount of any payment...
17
Any amount specified in paragraphs 18 to 20 –
18
Amounts paid under a policy of insurance in connection with...
19
So much of any amounts paid to the claimant or...
20
(1) Any amount paid – (a) by way of arrears...
20A
(1) Subject to sub-paragraph (3), any payment of £5,000 or...
21
Where a capital asset is held in a currency other...
22
The value of the right to receive income from an...
23
The value of a right to receive income under a...
23A
Where an ex-gratia payment has been made by the Secretary...
24
Where an ex-gratia payment has been made by the Secretary...
PART II
capital disregarded only for the purposes of determining deemed income
24
The value of the right to receive any income under...
25
The value of the right to receive any rent except...
26
The value of the right to receive any income under...
27
The dwelling together with any garage, garden and outbuildings, normally...
28
Where property is held under a trust, other than –...
SCHEDULE 6
SUMS DISREGARDED FROM CLAIMANT'S EARNINGS
1
(1) In a case where a claimant is a lone...
2
(1) In a case of earnings from employment to which...
2A
Where a person is engaged in one or more of...
2B
Where only one member of a couple is in employment...
3
(1) If the claimant or one of the partners is...
4
(1) £20 is disregarded if the claimant or, if he...
4A
(1) £20 is the maximum amount which may be disregarded...
5
Except where the claimant or his partner qualifies for a...
6
Any earnings, other than any amount referred to in regulation...
7
Any banking charges or commission payable in converting to sterling...
2003 No. 28

SOCIAL SECURITY

The State Pension Credit Regulations (Northern Ireland) 2003
Made
21st January 2003
Coming into operation
6th October 2003
The Department for Social Development, in exercise of the powers conferred by section 171(3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 , and now vested in it , sections 6(4A), 8(4A) and 10(4) of the Social Security Fraud Act (Northern Ireland) 2001 and sections 1(5), 2(3), (4) and (6), 3(4) to (8), 4(3), 5, 6(2), 7(4) and (7), 9(4) and (5), 12(2) and (3), 15, 16(2) and 17(2) of the State Pension Credit Act (Northern Ireland) 2002 , and of all other powers enabling it in that behalf, by this statutory rule, which contains only regulations made by virtue of, or consequential upon, provisions of the State Pension Credit Act (Northern Ireland) 2002 and which is made before the end of the period of six months beginning with the coming into operation of those provisions , hereby makes the following Regulations:
1992 c. 7
See Article 8(b) of S.R. 1999 No. 481
2001 c. 17 (N.I.); sections 6(4A) and 8(4A) were inserted respectively by paragraphs 33(a) and 34(b) of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002
2002 c. 14 (N.I.)
See section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)