2015 No. 331
Social Security

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

Made
Coming into operation
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) 20021 and section 27(3) of the Pensions Act (Northern Ireland) 20152.

Citation and commencement1.

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 Regulations2.

(1)

The State Pension Credit Regulations (Northern Ireland) 20033 are amended in accordance with paragraphs (2) to (4).

(2)

After regulation 7 (savings credit) insert—

“Limitation of savings credit for certain mixed-age couples7A.

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 —

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

Regulation 12

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 2019

14th July 2016

15th April 2019 to 30th April 2019

28th July 2016

1st May 2019 to 14th May 2019

14th August 2016

15th May 2019 to 31st May 2019

28th August 2016

1st June 2019 to 14th June 2019

14th October 2016

15th June 2019 to 30th June 2019

28th October 2016

1st July 2019 to 14th July 2019

14th November 2016

15th July 2019 to 31st July 2019

28th November 2016

1st August 2019 to 14th August 2019

14th December 2016

15th August 2019 to 31st August 2019

28th December 2016

1st September 2019 to 14th September 2019

14th February 2017

15th September 2019 to 30th September 2019

28th February 2017

1st October 2019 to 14th October 2019

14th March 2017

15th October 2019 to 31st October 2019

28th March 2017

1st November 2019 to 14th November 2019

14th April 2017

15th November 2019 to 30th November 2019

28th April 2017

1st December 2019 to 14th December 2019

14th June 2017

15th December 2019 to 31st December 2019

28th June 2017

1st January 2020 to 14th January 2020

14th July 2017

15th January 2020 to 31st January 2020

28th July 2017

1st February 2020 to 14th February 2020

14th September 2017

15th February 2020 to 29th February 2020

28th September 2017

1st March 2020 to 14th March 2020

14th October 2017

15th March 2020 to 31st March 2020

28th October 2017

1st April 2020 to14th April 2020

14th December 2017

15th April 2020 to 30th April 2020

28th December 2017

1st May 2020 to 14th May 2020

14th January 2018

15th May 2020 to 31st May 2020

28th January 2018

1st June 2020 to 14th June 2020

14th March 2018

15th June 2020 to 30th June 2020

28th March 2018

1st July 2020 to 14th July 2020

14th April 2018

15th July 2020 to 31st July 2020

28th April 2018

1st August 2020 to 14th August 2020

14th June 2018

15th August 2020 to 31st August 2020

28th June 2018

1st September 2020 to 14th September 2020

14th July 2018

15th September 2020 to 30th September 2020

28th July 2018

1st October 2020 to 14th October 2020

14th August 2018

15th October 2020 to 31st October 2020

28th August 2018

1st November 2020 to 14th November 2020

14th October 2018

15th November 2020 to 30th November 2020

28th October 2018

1st December 2020 to 14th December 2020

14th November 2018

15th December 2020 to 31st December 2020

28th November 2018

1st January 2021 to 14th January 2021

14th January 2019

15th January 2021 to 31st January 2021

28th January 2019

1st February 2021 to 14th February 2021

14th February 2019

15th February 2021 to 28th February 2021

28th February 2019

1st March 2021 to 14th March 2021

14th March 2019

15th March 2021 to 5th April 2021

28th 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.