The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations N.I.

7.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “concessionary payment”(2)—

(i) for “Secretary of State with the consent of Treasury” substitute “ Department with the consent of the Department of Finance and Personnel”, and

(ii) after “charged” insert “ either to the Northern Ireland National Insurance Fund or”;

(b) after the definition of “polygamous marriage” insert—

““public authority has the meaning given in section 75(3) of the Northern Ireland Act 1998;”; and

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) After regulation 33(2)(d) (earnings of employed earners) add—

“(e) any payment in respect of expenses arising out of the claimant’s participation in a service user group.”.

(4) In regulation 39 (notional income)—

(a) in paragraph (8) after “(9)” insert “and (10A)”; and

(b) after paragraph (10) add—

“(10A) Paragraph (8) shall not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the claimant’s participation in a service user group.”.

(5) In Schedule 6 (amounts to be disregarded in the calculation of income other than earnings) in paragraph 1(d)(3)—

(a) for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within Article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005”; and

(b) for “the pension payable under either of those schemes” substitute “that pension or payment”.

Textual Amendments

F1 Reg. 7(2)(c) revoked (28.4.2014) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/105), regs. 1(1), 9

Commencement Information

I1 Reg. 7 in operation at 2.11.2009, see reg. 1(3)

(1)

S.R. 2006 No. 406; relevant amending Regulation is S.R. 2008 No. 498

(2)

The definition of “concessionary payment” was substituted by regulation 6(2)(a) of S.R. 2008 No. 498

(3)

Sub-paragraph (d) was amended by regulation 6(6)(a)(ii) of S.R. 2008 No. 498