The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2009
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2009 and shall come into operation on 6th April 2010.
(2)
Amendment of the Social Security (Claims and Payments) Regulations2.
(1)
(2)
““working age benefit” means any of the following—
(a)
bereavement allowance;
(b)
an employment and support allowance;
(c)
incapacity benefit;
(d)
income support;
(e)
a jobseeker’s allowance;
(f)
widowed mother’s allowance;
(g)
widowed parent’s allowance;
(h)
widow’s pension.”.
(3)
In regulation 16 (date of entitlement under an award for the purpose of determining the day from which benefit is to be payable and effective date of change of rate)—
(a)
“(1D)
Except in a case where regulation 22D(1) or (2) applies, for the purpose only of determining the day from which retirement pension payable in arrears under regulation 22C is to become payable, where entitlement would otherwise begin on a day which is not the first day of the benefit week, entitlement shall begin on the first day of the benefit week next following.”;
(b)
“(2D)
Where a retirement pension is paid in arrears under regulation 22C and the award is terminated due to the death of the beneficiary, the termination shall take effect on the first day of the benefit week next following the date of death.
(2E)
Except in a case where regulation 22D(2) applies, where a retirement pension is paid in arrears under regulation 22C and there is a change in the rate of that benefit, the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect from the start of the benefit week in which the change occurs.”;
(c)
(d)
(4)
(5)
“Retirement pension22C.
(1)
This regulation applies in relation to payment of a retirement pension to persons who reach pensionable age on or after 6th April 2010, other than to a person to whom paragraph (7) applies.
(2)
Subject to paragraphs (4) to (6), a retirement pension shall be paid weekly, fortnightly or four weekly (as the Department may in any case determine) in arrears on the day of the week specified in paragraph (3).
(3)
The day specified for the purposes of paragraph (2) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number—
Column (1)
Column (2)
00 to 19
Monday
20 to 39
Tuesday
40 to 59
Wednesday
60 to 79
Thursday
80 to 99
Friday.
(4)
The Department may, in any particular case or class of case, arrange that retirement pension be paid on any other day of the week.
(5)
The Department may, in any particular case or class of case, arrange that the beneficiary be paid in arrears at intervals of 13 weeks where the beneficiary agrees.
(6)
Where the amount of a retirement pension payable is less than £5.00 per week the Department may direct that it shall be paid in arrears at such intervals, not exceeding 12 months, as may be specified in the direction.
(7)
This paragraph applies to a man who—
(a)
was in receipt of state pension credit in respect of any day in the period beginning with the day 4 months and 4 days before the day on which he reaches pensionable age and ending on 5th April 2010; or
(b)
was in continuous receipt of state pension credit from 5th April 2010 until a day no earlier than the day 4 months and 4 days before the day on which he reaches pensionable age.
Payment of retirement pension at a daily rate22D.
(1)
Where the entitlement of a person (B) to a retirement pension begins on a day which is not the first day of the benefit week in the circumstances specified in paragraph (3), it shall be paid at a daily rate in respect of the period beginning with the day on which entitlement begins and ending on the day before the first day of the following benefit week.
(2)
Where in respect of a retirement pension—
(a)
the circumstances specified in paragraph (3) apply;
(b)
B’s entitlement to that benefit begins on a day which is not the first day of the benefit week; and
(c)
a change in the rate of that benefit takes effect under an order made under section 132 or 132A of the Administration Act13 (annual up-rating of benefits or basic pension etc.) on a day, in the same benefit week, subsequent to the day on which B’s entitlement arose,it shall be paid at a daily rate in respect of the period beginning with the day on which entitlement begins and ending on the day before the first day of the following benefit week.
(3)
The circumstances referred to in paragraphs (1) and (2) are where—
(a)
the retirement pension is paid in arrears;
(b)
B has not opted to defer entitlement to a retirement pension under section 55 of the Contributions and Benefits Act14; and(c)
B—
(i)
was in receipt of a working age benefit in respect of any day in the period beginning with the day 8 weeks and a day before B reaches pensionable age and ending immediately before the day B reaches such age, or
(ii)
has reached pensionable age and is a dependent spouse of a person who is in receipt of an increase for an adult dependant under section 83 or 84 of the Contributions and Benefits Act15.(4)
Where benefit is payable at a daily rate in the circumstances mentioned in this regulation, the daily rate which shall apply in respect of a particular day in the relevant period shall be 1/7th of the weekly rate which, if entitlement had begun on the first day of the benefit week, would have had effect on that particular day.
(5)
In this regulation, “benefit week” means a period of 7 days which ends on the day on which, in B’s case, the benefit is payable in accordance with regulation 22C.”.
(6)
(a)
in paragraph (1) after “paragraph (2)” insert “or regulation 26BA”;
(b)
in paragraph (4) for “State pension credit” substitute “Subject to regulation 26BA, state pension credit”.
(7)
“Intervals for payment of state pension credit26BA.
(1)
Where state pension credit is payable to a person who reaches pensionable age on or after 6th April 2010, other than a person to whom regulation 22C(7) applies, it shall be paid weekly, fortnightly or four weekly (as the Department may in any case determine) in arrears on the day of the week specified in paragraph (2).
(2)
The day specified for the purposes of paragraph (1) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number—
Column (1)
Column (2)
00 to 19
Monday
20 to 39
Tuesday
40 to 59
Wednesday
60 to 79
Thursday
80 to 99
Friday.
(3)
The Department may, in any particular case or class of case, arrange that state pension credit be paid on any other day of the week.
(4)
Where the amount of state pension credit payable is less than £1.00 per week the Department may direct that it shall be paid in arrears at such intervals, not exceeding 13 weeks, as may be specified in the direction.”.
(8)
In paragraph 5 of Schedule 6 (days for payment of long term benefits), for “Retirement pension shall” substitute “Subject to regulation 22C, retirement pension shall”.
Amendment of the State Pension Credit Regulations3.
(1)
(2)
““benefit week” means—
(a)
where state pension credit is paid in advance, the period of 7 days beginning on the day on which, in the claimant’s case, that benefit is payable;
(b)
where state pension credit is paid in arrears, the period of 7 days ending on the day on which, in the claimant’s case, that benefit is payable;”.
(3)
(a)
omit paragraph (2);
(b)
in paragraph (3)(a) omit “, taking into account the requirements of paragraph (2),”; and
(c)
in paragraph (3)(b) omit from “, any fraction” to the end.
(4)
“(2)
All benefits except those mentioned in paragraph (1) shall be treated as paid—
(a)
where the benefit is paid in advance, on the first day of the benefit week in which the benefit is payable;
(b)
where the benefit is paid in arrears, on the last day of the benefit week in which the benefit is payable.”.
Revocation4.
Sealed with the Official Seal of the Department for Social Development on 10th December 2009
These Regulations amend the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (“the Claims and Payments Regulations”) and the State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”).
Regulation 2(2) inserts a definition of “working age benefit” into regulation 2(1) of the Claims and Payments Regulations (this term is used in new regulation 22D of those Regulations).
Regulation 2(5) inserts regulations 22C and 22D into the Claims and Payments Regulations. The effect of regulation 22C is to enable retirement pension to be paid weekly, fortnightly, 4 weekly, 13 weekly or annually in arrears and to enable a person’s payday to be determined in accordance with their national insurance number. The effect of regulation 22D is to enable retirement pension to be paid at a daily rate for part-weeks where specified conditions are satisfied.
Regulation 2(7) inserts regulation 26BA into the Claims and Payments Regulations to enable state pension credit to be paid weekly, fortnightly, 4 weekly or 13 weekly in arrears and to enable a person’s payday to be determined in accordance with their national insurance number.
The remaining provisions of regulation 2 make consequential amendments to the Claims and Payments Regulations.
Regulation 3(3) amends regulation 13A of the State Pension Credit Regulations to enable income to be taken into account for the purposes of determining the amount of the guarantee credit payable for part-week payment of state pension credit. It also removes the words in regulation 13A(3) which enable any fraction of a penny to be rounded up to the nearest penny. Calculations relating to fractions of a penny in respect of state pension credit will be determined in accordance with regulation 28 of the Claims and Payments Regulations. Regulation 3(2) and (4) make consequential amendments to State Pension Credit Regulations.
Regulation 4 makes a consequential revocation.
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, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.