The Social Security (Equalisation of State Pension Age) Regulations (Northern Ireland) 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend various provisions in consequence of the equalisation of state pension age introduced by the Pensions (Northern Ireland) Order 1995 (“the 1995 Order”). The amendments provide that where benefit provision is aligned with the age at which women become eligible for state pension, that alignment will be maintained as women’s state pension age increases from 6th April 2010.

Regulation 2 amends the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”) with respect to—

• eligibility for the disability premium, enhanced disability premium, pensioner premium and higher pensioner premium;

• the disregard of the capital value of a property occupied by a relative.

Regulation 3 amends the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 to refer to the qualifying age for a winter fuel payment.

Regulation 4 amends the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995 to substitute the definition of “pensionable age”.

Regulation 5 amends the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 to —

• make, in relation to premiums and the disregard of capital, provision corresponding to that made in respect of the Income Support Regulations;

• phase out provision enabling men to have days treated as part of a jobseeking period when they are not actively seeking work;

• increase the age from which housing costs can be included without a waiting period;

• make changes to the conditions for eligibility for the higher disregard of earnings to correspond with those made to the disability and higher pensioner premiums.

Regulation 6 amends the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000 to increase the qualifying age for entitlement to a winter fuel payment.

Regulation 7 amends the State Pension Credit Regulations (Northern Ireland) 2003 to make provision corresponding to that made to the Income Support Regulations with respect to the disregard of capital.

Regulation 8 amends the Housing Benefit Regulations (Northern Ireland) 2006 to—

• make, in relation to premiums and the disregard of capital, provision corresponding to that made in respect of the Income Support Regulations;

• enable an advance claim for benefit to be made up to 17 weeks before the claimant attains the qualifying age for state pension credit.

Regulation 9 amends the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 to—

• enable an advance claim for benefit to be made up to 17 weeks before the claimant attains the qualifying age for state pension credit;

• disregard of the capital value of a property occupied by a relative.

Regulation 10 amends the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 in relation to the age at which restrictions on the amount of benefit payable in respect of rent are subject to additional conditions in the case of a person whose housing benefit is determined under rules in force at 1st April 1996.

Regulation 11 amends the Employment and Support Allowance Regulations (Northern Ireland) 2008 with respect to the age requirement for an exemption from disqualification for misconduct and to make provision corresponding to that made in respect of the Income Support Regulations with respect to the disregard of capital.

In so far as these Regulations are required, for the purposes of regulations 8 to 10, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they 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, that Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.