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

Amendment of the Jobseeker’s Allowance Regulations N.I.

5.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(1) are amended in accordance with paragraphs (2) to (9).

(2) In regulation 1(2) (interpretation), after the definition of “public authority(2)” insert—

““qualifying age for state pension credit” means—

(a)

in the case of a woman, pensionable age; or

(b)

in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;”.

(3) In regulation 49(1)(b) (person approaching retirement and the jobseeking period), for “the age of 60” substitute “the qualifying age for state pension credit”.

(4) In Schedule A1(3) (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order), for paragraph 13 and the heading preceding it, substitute—

“Members who have attained the qualifying age for state pension credit

13.   A member who has attained the qualifying age for state pension credit.”.

(5) In Schedule 1 (applicable amounts)—

(a) in paragraph 10 (pensioner premium for persons over 60)—

(i) in the heading for “over 60” substitute “over the qualifying age for state pension credit”,

(ii) for “the age of 60”, in each place where it occurs, substitute “the qualifying age for state pension credit”;

(b) in paragraph 12 (higher pensioner premium)—

(i) in sub-paragraph (1)(4) for “the age of 60”, in each place where it occurs, substitute “the qualifying age for state pension credit”,

(ii) in sub-paragraphs (1)(a)(ii) and (2)(b), for “his 60th birthday” substitute “the date he attained the qualifying age for state pension credit”;

(c) in paragraph 13(1)(5) (disability premium), for “the age of 60”, in each place where it occurs, substitute “the qualifying age for state pension credit”;

(d) in paragraph 15A(1)(6) (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”;

(e) in paragraph 20(2) (weekly amounts of premiums specified in Part III) for “aged over 60” substitute “who have attained the qualifying age for state pension credit”;

(f) in paragraph 20E(7) (pensioner premium where one member of a joint-claim couple has attained the age of 60) and the heading preceding it for “the age of 60” substitute “the qualifying age for state pension credit”;

(g) in paragraph 20F (higher pensioner premium)—

(i) in sub-paragraph (1)(a) and (b)(8) for “the age of 60” substitute “the qualifying age for state pension credit”;

(ii) in sub-paragraph (1)(b)(i) for “his 60th birthday” substitute “the date he attained the qualifying age for state pension credit”,

(iii) in sub-paragraphs (1)(b)(ii) and (2)(b) for “the 60th birthday of either member of that couple” substitute “the date either member of that couple attained the qualifying age for state pension credit”;

(h) in paragraph 20G(1)(9) (disability premium), for “the age of 60” substitute “the qualifying age for state pension credit”;

(i) in paragraph 20IA(1)(10) (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”;

(j) in paragraph 20M(1) (weekly amounts of premiums specified in Part IVA) for “is aged over 60” substitute “has attained the qualifying age for state pension credit”.

(6) In Schedule 2 (housing costs), in paragraph 8(1)(a)(11) (general exclusions from paragraphs 6 and 7), for “is aged 60 or over” substitute “has attained the qualifying age for state pension credit”.

(7) In Schedule 5 (sums to be disregarded in the calculation of earnings), in paragraph 5—

(a) in sub-paragraph (3)(b) for “is under the age of 60” substitute “has not attained the qualifying age for state pension credit”;

(b) in sub-paragraphs (4)(b) and (7)(a)(i)(12), (b) and (c) for “the age of 60” substitute “the qualifying age for state pension credit”.

(8) In Schedule 5A(13) (sums to be disregarded in the calculation of earnings of members of joint-claim couples), in paragraph 1—

(a) in sub-paragraph (3)(b), for “is under the age of 60” substitute “has not attained the qualifying age for state pension credit”;

(b) in sub-paragraphs (4)(b) and (5)(a)(i)(14), (b) and (c) for “the age of 60” substitute “the qualifying age for state pension credit”.

(9) In Schedule 7 (capital to be disregarded), in paragraph 4(a) for “is aged 60 or over” substitute “has attained the qualifying age for state pension credit”.

Commencement Information

I1 Reg. 5 in operation at 6.4.2010, see reg. 1(1)

(1)

S.R. 1996 No. 198; relevant amending Regulations are S.R. 1996 No. 503, S.R. 2000 Nos. 350 and 367, S.R. 2003 No. 195, S.R. 2007 No. 154, S.R. 2008 No. 286 and S.R. 2009 No. 338

(2)

The definition of “public authority” was inserted by regulation 4(2)(a) of S.R. 2009 No. 338

(3)

Schedule A1 was inserted by Schedule 1 to S.R. 2000 No. 350

(4)

Paragraph 12(1) was amended by regulation 2(17)(b) of S.R. 1996 No. 503 and regulation 3(8)(b)(i) of S.R. 2007 No. 154

(5)

Paragraph 13(1) was amended by regulation 3(8)(c) of S.R. 2007 No. 154

(6)

Paragraph 15A was inserted by regulation 4(c)(ii) of S.R. 2000 No. 367 and sub-paragraph (1) was amended by paragraph 20(c)(i) of Schedule 2 to S.R. 2003 No. 195

(7)

Paragraphs 20A to 20M were inserted by paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350

(8)

Paragraph 20F(1) was amended by regulation 3(8)(h)(i) of S.R. 2007 No. 154

(9)

Paragraph 20G was amended by regulation 3(8)(i) of S.R. 2007 No. 154

(10)

Paragraph 20IA was inserted by regulation 4(c)(v) of S.R. 2000 No. 367

(11)

Paragraph 8(1)(a) was amended by paragraph 54(7) of Schedule 2 to S.R. 2000 No. 350

(12)

Sub-paragraph (7)(a)(i) was amended by regulation 19(26) of S.R. 2008 No. 286

(13)

Schedule 5A was inserted by paragraph 58 of Schedule 2 to S.R. 2000 No. 350

(14)

Sub-paragraph (5)(a)(i) was amended by regulation 19(27) of S.R. 2008 No. 286