The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008

Amendment of the State Pension Credit Regulations N.I.

5.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(1) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (citation, commencement and interpretation) omit the definitions of—

(a) “the Independent Living Fund”;

(b) “the Independent Living Funds”(2);

(c) “the Independent Living (Extension) Fund”; and

(d) “the Independent Living (1993) Fund”.

(3) In Schedule 2 (housing costs)—

(a) for paragraph 10(6) (excessive housing costs) substitute—

“(6) Where sub-paragraph (4) does not apply and the claimant or the claimant’s partner was able to meet the financial commitments for the dwelling occupied as the home when these were entered into, no restriction shall be made under this paragraph during the first 26 weeks immediately following the date on which—

(a) the claimant became entitled to state pension credit where the claimant’s housing costs fell within one of the cases in sub-paragraph (1) on that date; or

(b) a decision took effect which was made under Article 11 of the Social Security (Northern Ireland) Order 1998(3) (decisions superseding earlier decisions) on the grounds that the claimant’s housing costs fell within one of the cases in sub-paragraph (1),

nor during the next 26 weeks if and so long as the claimant uses his best endeavours to obtain cheaper accommodation.”;

(b) for paragraph 14(7)(b) (persons residing with the claimant) substitute—

“(b) if he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the Employment and Training Act (Northern Ireland) 1950 for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;”; and

(c) in paragraph 14(8)(b) for the word “Funds” substitute “Fund (2006)”.

(4) In paragraph 15(1) of Schedule 5(4) (income from capital) for the word “Funds” substitute “Fund (2006)”.

Commencement Information

I1 Reg. 5 in operation at 17.11.2008, see reg. 1(1)

(1)

S.R. 2003 No. 28; relevant amending Rules are S.R. 2004 No. 213, S.R. 2005 No.550 and S.R. 2007 No. 382

(2)

The definition of the “Independent Living Funds” was amended by Article 5(a) of S.R. 2007 No. 382

(3)

S.I. 1998/1506 (N.I. 10)

(4)

Paragraph (1) was amended by regulation 3(1) and (2)(c) of S.R. 2004 No. 213 and regulation 6(3)(a)(i) of S.R. 2005 No. 550