The State Pension Credit Regulations (Northern Ireland) 2003

Prospective

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the State Pension Credit Regulations (Northern Ireland) 2002 and shall come into operation on 6th October 2003.

(2) In these Regulations –

“the Act” means the State Pension Credit Act (Northern Ireland) 2002;

“the 1972 Order” means the Health and Personal Social Services (Northern Ireland) Order 1972(1);

“the appointed day” means the day appointed under section 13(3) of the Act;

“attendance allowance” means –

(a)

an attendance allowance under section 64 of the Contributions and Benefits Act;

(b)

an increase of disablement pension under section 104 or 105 of the Contributions and Benefits Act;

(c)

a payment under regulations made in exercise of the power conferred by paragraph 4(2)(b) of Part II of Schedule 8 to the Contributions and Benefits Act;

(d)

an increase of an allowance which is payable in respect of constant attendance under paragraph 4 of Part II of Schedule 8 to the Contributions and Benefits Act;

(e)

a payment by virtue of Article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983(2) or any analogous payment; or

(f)

any payment based on need for attendance which is paid as part of a war disablement pension;

“benefit week” means the period of 7 days beginning on the day on which, in the claimant’s case, state pension credit is payable;

“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(3);

“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;

“dwelling occupied as the home” means the dwelling including any garage, garden and outbuildings, normally occupied by the claimant as his home, together with –

(a)

any agricultural land adjoining that dwelling, and

(b)

any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;

“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

“full-time student” has the meaning prescribed in regulation 61(1) of the Income Support Regulations;

“the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(4);

“the Independent Living Fund” means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need ofsuch assistance to enable them to live independently;

“the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;

“the Independent Living (Extension) Fund” means the trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Independent Living (1993) Fund” means the trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(5);

“the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

“the Macfarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;

“the Macfarlane (Special Payments) (No. 2) Trust” means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

“nursing home” has the meaning it has for the purposes of the Registered Homes (Northern Ireland) Order 1992(6) by virtue of Article 16 of that Order;

“patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975(7);

“pension fund holder” means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;

“policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

“prisoner” means a person who –

(a)

is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or

(b)

is on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953(8),

other than a person detained in hospital under the provisions of the Mental Health (Northern Ireland) Order 1986(9);

“qualifying person” means a person in respect of whom payment has been made from the Fund or the Eileen Trust;

“residential care home” has the meaning it has for the purposes of the Registered Homes (Northern Ireland) Order 1992 by virtue of Article 3 of that Order but shall include an establishment as set out in Article 3(2)(f) of that Order;

“voluntary organisation” means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or by individual members of the association.

(3) In these Regulations a member of a married or unmarried couple is referred to as a partner and both members are referred to as partners.

(4) The Interpretation Act (Northern Ireland) 1954(10) shall apply to these Regulations as it applies to an Act of the Assembly.

Commencement Information

I1 Reg. 1 in operation at 6.10.2003, see reg. 1(1)

(1)

S.I. 1972/1265 (N.I. 14)

(2)

S.I. 1983/686; relevant amending instrument is S.I. 1984/1675

(3)

S.R. 1987 No. 465

(4)

S.R. 1987 No. 459

(5)

S.R. 1996 No. 198

(6)

S.I. 1992/3204 (N.I. 20)

(7)

S.R. 1975 No. 109; relevant amending Regulations are S.R. 1987 No. 391

(8)

1953 c. 18 (N.I.)

(9)

S.I. 1986/595 (N.I. 4)

(10)

1954 c. 33 (N.I.)