The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2006

Amendment of the State Pension Credit Regulations N.I.

14.—(1) The State Pension Credit Regulations (Northern Ireland) 2003 shall be amended in accordance with paragraphs (2) to (6).

(2) In regulation 5 (persons treated as being or not being members of the same household)—

(a) in paragraph (1) omit sub-paragraph (e); and

(b) after paragraph (1) insert—

“(1A) Paragraph (1)(d) and (f) shall not apply where a person is treated as being in Northern Ireland in accordance with regulation 4.”.

(3) In regulation 10 (assessed income period) omit paragraph (8).

(4) In regulation 18 (notional income)—

(a) for paragraph (1) substitute—

“(1) A claimant who has attained the qualifying age shall be treated as possessing the amount of any retirement pension income—

(a) to which section 16(1)(a) to (e) of the Act applies;

(b) for which no claim has been made; and

(c) to which the claimant might expect to be entitled if a claim for it were made,

but only from the date on which that income could be expected to be acquired if a claim for it were made.

(1A) Paragraph (1) is subject to paragraphs (1B) and (1C).

(1B) Where a claimant—

(a) has deferred his retirement pension income to which section 16(1)(a) to (c) of the Act applies for at least 12 months; and

(b) would have been entitled to make an election under Schedule 5 or 5A(1) to the Contributions and Benefits Act or under Schedule 2 of the Graduated Retirement Benefit Regulations,

he shall be treated for the purposes of paragraph (1) as possessing the amount of retirement pension income to which he might expect to be entitled if he were to elect to receive a lump sum.

(1C) Where a claimant receives an allowance under—

(a) section 68 of the Contributions and Benefits Act(2) (severe disablement allowance); or

(b) section 70 of that Act(3) (carer’s allowance),

the amount of that allowance is to be deducted from the amount of retirement pension income which he is treated as possessing for the purposes of paragraph (1) (or, where applicable, paragraph (1) read with paragraph (1B)).

(1D) A claimant who has attained the qualifying age shall be treated as possessing income from an occupational pension scheme which he elected to defer, but only from the date on which it could be expected to be acquired if a claim for it were made.”; and

(b) after paragraph (8)(4) add—

“(9) For the purposes of paragraph (6), a person is not to be regarded as depriving himself of income where—

(a) his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme; and

(b) that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 2004.

(10) In paragraph (9) ”registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.”.

(5) In paragraph 14 of Schedule 2 (housing costs)—

(a) in sub-paragraph (2)(a)(5) (persons residing with the claimant) for “(1)(c)” substitute “(1)(b)”; and

(b) after sub-paragraph (7)(d) insert—

“(dd) in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 63 of the Housing Benefit (General) Regulations (Northern Ireland) 1987 (non-dependent deductions);”.

(6) In paragraph 16(2) of Schedule 5 (capital disregarded for the purpose of calculating income) for sub-paragraph (a) substitute—

“(a) by the High Court or the County Court under the provisions of Order 80 or 109 of the Rules of the Supreme Court (Northern Ireland) 1980 or by a County Court under Order 44 of the County Court Rules (Northern Ireland) 1981 or Article 21 of the County Courts (Northern Ireland) Order 1980 on behalf of a person where the payment can only be disposed of by order or direction of any such court; or ”.

Commencement Information

I1 Reg. 14(1) in operation at 1.10.2006, see reg. 1(1)

I2 Reg. 14(2)-(5) in operation at 2.10.2006, see reg. 1(2)

I3 Reg. 14(6) coming into force in accordance with , see reg. 1(3)

(1)

Schedule 5A was inserted by paragraph 14 of Schedule 9 to the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1))

(2)

Section 68 was repealed by section 62 of, and Part IV of Schedule 10 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999 and saved by Article 4 of S.R. 2000 No. 332 (C. 14)

(3)

Section 70 was amended by regulation 2(3) of S.R. 1994 No. 370 and regulation 2(2) and 3 of S.R. 2002 No. 321

(4)

Paragraph (8) was added by regulation 12(3)(b) of S.R. 2006 No. 104

(5)

Sub-paragraph 2(a) was amended by Article 24(4)(b) of S.R. 2006 No. 109