The State Pension Credit (Miscellaneous Amendments) Regulations (Northern Ireland) 2004

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

2.  In the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1), in regulation 7 (date from which a decision superseded under Article 11 takes effect) –

(a) for paragraphs (17B) and (17C)(2) there shall be substituted the following paragraphs –

“(17B) Paragraph (17C) applies where –

(a) a claimant is awarded state pension credit;

(b) the claimant or his partner is aged 65 or over;

(c) his appropriate minimum guarantee (as defined by the State Pension Credit Act) includes housing costs determined in accordance with Schedule 2 to the State Pension Credit Regulations, and

(d) after the date from which sub-paragraph (c) applies –

(i) a non-dependant (as defined in that Schedule) begins to reside with the claimant, or

(ii) a non-dependant’s income increases and this affects the applicable amount of the claimant’s housing costs.

(17C) In the circumstances specified in paragraph (17B) a decision made under Article 11 shall take effect –

(a) where there is more than one change of the kind specified in paragraph (17B)(d) in respect of the same non-dependant within the same 26 week period, 26 weeks after the date on which the first such change occurred, and

(b) in any other circumstances, 26 weeks after the date on which a change specified in paragraph (17B)(d) occurred.”;

(b) in paragraph (23)(3) omit “, (17B)”.

(1)

S.R. 1999 No. 162; relevant amending Regulations are S.R. 2003 No. 191

(2)

Paragraphs (17B) and (17C) were inserted by regulation 18(e) of S.R. 2003 No. 191

(3)

Paragraph (23) was substituted by regulation 18(f) of S.R. 2003 No. 191