The Social Security (Equalisation of State Pension Age) Regulations 2009

Prospective

Citation and commencement E+W+S

1.  These Regulations may be cited as the Social Security (Equalisation of State Pension Age) Regulations 2009 and shall come into force on 6th April 2010.

Commencement Information

I1 Reg. 1 in force at 6.4.2010, see reg. 1

Amendment of the Income Support (General) Regulations 1987 E+W+S

2.  The Income Support (General) Regulations 1987(1) are amended as follows.

Commencement Information

I2 Reg. 2 in force at 6.4.2010, see reg. 1

3.—(1) Schedule 2 (applicable amounts) is amended in accordance with this regulation.

(2) In paragraph 9 (pensioner premium for persons under 75), for “not less than 60” substitute “not less than the qualifying age for state pension credit”.

(3) In paragraph 10 (higher pensioner premium)—

(a) in sub-paragraph (1)(b), for “not less than 60” substitute “not less than the qualifying age for state pension credit”;

(b) in sub-paragraphs (1)(b)(ii)(aa) and (3)(b), for “his partner’s 60th birthday” substitute “the day his partner attained the qualifying age for state pension credit”;

(c) in sub-paragraph (1)(b)(ii)(bb), for “the age of 60” substitute “the qualifying age for state pension credit”.

(4) In sub-paragraph (1)(b)(ii) of paragraph 11 (disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”.

(5) In sub-paragraph (1) of paragraph 13A (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”.

Commencement Information

I3 Reg. 3 in force at 6.4.2010, see reg. 1

4.—(1) Schedule 10 (capital to be disregarded) is amended in accordance with this regulation.

(2) In sub-paragraph (a) of paragraph 4, for “is aged 60 or over” substitute “has attained the qualifying age for state pension credit”.

Commencement Information

I4 Reg. 4 in force at 6.4.2010, see reg. 1

Amendment of the Social Security (Claims and Payments) Regulations 1987 E+W+S

5.  The Social Security (Claims and Payments) Regulations 1987(2) are amended as follows.

Commencement Information

I5 Reg. 5 in force at 6.4.2010, see reg. 1

6.—(1) Regulation 36 (payment to a partner as alternative payee) is amended in accordance with this regulation.

(2) In paragraph (2), for “the other person has not yet attained the age of 60 in the qualifying week” substitute “in the qualifying week the other person has not yet attained the qualifying age”.

Commencement Information

I6 Reg. 6 in force at 6.4.2010, see reg. 1

Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 E+W+S

7.  The Social Security (Incapacity Benefit) (Transitional) Regulations 1995(3) are amended as follows.

Commencement Information

I7 Reg. 7 in force at 6.4.2010, see reg. 1

8.—(1) Regulation 1 (citation, commencement and interpretation) is amended in accordance with this regulation.

(2) In paragraph (2), for the definition of “pensionable age” substitute—

““pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995(4);”.

Commencement Information

I8 Reg. 8 in force at 6.4.2010, see reg. 1

Amendment of the Jobseeker’s Allowance Regulations 1996 E+W+S

9.  The Jobseeker’s Allowance Regulations 1996(5) are amended as follows.

Commencement Information

I9 Reg. 9 in force at 6.4.2010, see reg. 1

10.—(1) Regulation 1 (citation, commencement and interpretation) is amended in accordance with this regulation.

(2) In paragraph (3), after the definition of “polygamous marriage” 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;”.

Commencement Information

I10 Reg. 10 in force at 6.4.2010, see reg. 1

11.—(1) Regulation 49 (persons approaching retirement and the jobseeking period) is amended in accordance with this regulation.

(2) In paragraph (1)(b), for “the age of 60” substitute “the qualifying age for state pension credit”.

Commencement Information

I11 Reg. 11 in force at 6.4.2010, see reg. 1

12.—(1) Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b)) is amended in accordance with this regulation.

(2) For paragraph 13 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.”.

Commencement Information

I12 Reg. 12 in force at 6.4.2010, see reg. 1

13.—(1) Schedule 1 (applicable amounts) is amended in accordance with this regulation.

(2) In Part 3 (premiums)—

(a) in the heading to paragraph 10, for “over 60” substitute “over the qualifying age for state pension credit”;

(b) in paragraph 10 (pensioner premium for persons over the qualifying age for state pension credit), for “the age of 60”, wherever those words occur, substitute “the qualifying age for state pension credit”;

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

(i) in sub-paragraph (1), for “the age of 60”, wherever those words occur, 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”;

(d) in sub-paragraph (1) of paragraph 13 (disability premium), for “the age of 60”, wherever those words occur, substitute “the qualifying age for state pension credit”;

(e) in sub-paragraph (1) of paragraph 15A (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”.

(3) In Part 4 (weekly amounts of premiums specified in Part 3), in sub-paragraph (2) of paragraph 20, for “aged over 60” substitute “who have attained the qualifying age for state pension credit”.

(4) In Part 4A (premiums for joint-claim couples)—

(a) in the heading to paragraph 20E, for “the age of 60” substitute “the qualifying age for state pension credit”;

(b) in paragraph 20E (pensioner premium where one member of a joint-claim couple has attained the qualifying age for state pension credit), for “the age of 60” substitute “the qualifying age for state pension credit”;

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

(i) in sub-paragraph (1)(a) and (b), 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”;

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

(e) in sub-paragraph (1) of paragraph 20IA (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”.

(5) In Part 4B (weekly amounts of premiums specified in Part 4A), in sub-paragraph (1) of paragraph 20M, for “is aged over 60” substitute “has attained the qualifying age for state pension credit”.

Commencement Information

I13 Reg. 13 in force at 6.4.2010, see reg. 1

14.—(1) Schedule 2 (housing costs) is amended in accordance with this regulation.

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

Commencement Information

I14 Reg. 14 in force at 6.4.2010, see reg. 1

15.—(1) Schedule 6 (sums to be disregarded in the calculation of earnings) is amended in accordance with this regulation.

(2) 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), (b) and (c), for “the age of 60” substitute “the qualifying age for state pension credit”.

Commencement Information

I15 Reg. 15 in force at 6.4.2010, see reg. 1

16.—(1) Schedule 6A (sums to be disregarded in the calculation of earnings of members of joint-claim couples) is amended in accordance with this regulation.

(2) 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), (b) and (c), for “the age of 60” substitute “the qualifying age for state pension credit”.

Commencement Information

I16 Reg. 16 in force at 6.4.2010, see reg. 1

17.—(1) Schedule 8 (capital to be disregarded) is amended in accordance with this regulation.

(2) In sub-paragraph (a) of paragraph 4, for “is aged 60 or over” substitute “has attained the qualifying age for state pension credit”.

Commencement Information

I17 Reg. 17 in force at 6.4.2010, see reg. 1

Amendment of the Social Fund Winter Fuel Payment Regulations 2000 E+W+S

18.  The Social Fund Winter Fuel Payment Regulations 2000(6) are amended as follows.

Commencement Information

I18 Reg. 18 in force at 6.4.2010, see reg. 1

19.—(1) Regulation 1 (citation, commencement and interpretation) is amended in accordance with this regulation.

(2) In paragraph (2), after the definition of “independent hospital” 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;”.

Commencement Information

I19 Reg. 19 in force at 6.4.2010, see reg. 1

20.—(1) Regulation 2 (social fund winter fuel payments) is amended in accordance with this regulation.

(2) In paragraph (1), for sub-paragraph (b) substitute—

“(b) in or before the qualifying week has attained the qualifying age for state pension credit,”.

Commencement Information

I20 Reg. 20 in force at 6.4.2010, see reg. 1

21.—(1) Regulation 3 (persons not entitled to a social fund winter fuel payment) is amended in accordance with this regulation.

(2) In paragraph (1), for sub-paragraph (a)(i) substitute—

“(i) a partner of, and living with, a person who attained the qualifying age for state pension credit in or before the qualifying week and to whom state pension credit, an income-based jobseeker’s allowance or an income-related employment and support allowance has been, or falls to be, paid in respect of the qualifying week;”.

Commencement Information

I21 Reg. 21 in force at 6.4.2010, see reg. 1

Amendment of the State Pension Credit Regulations 2002 E+W+S

22.  The State Pension Credit Regulations 2002(7) are amended as follows.

Commencement Information

I22 Reg. 22 in force at 6.4.2010, see reg. 1

23.—(1) Part 1 (capital disregarded for the purpose of calculating income) of Schedule 5 (income from capital) is amended in accordance with this regulation.

(2) In paragraph 4(a), for “is either aged 60 or over or incapacitated” substitute “has attained the qualifying age for state pension credit or is incapacitated”.

Commencement Information

I23 Reg. 23 in force at 6.4.2010, see reg. 1

Amendment of the Housing Benefit Regulations 2006 E+W+S

24.  The Housing Benefit Regulations 2006(8) are amended as follows.

Commencement Information

I24 Reg. 24 in force at 6.4.2010, see reg. 1

25.—(1) Regulation 83 (time and manner in which claims are to be made) is amended in accordance with this regulation.

(2) In paragraph (11), for “the age of 59 years and 35 weeks” substitute “the age which is 17 weeks younger than the qualifying age for state pension credit”.

Commencement Information

I25 Reg. 25 in force at 6.4.2010, see reg. 1

26.—(1) Schedule 3 (applicable amounts) is amended in accordance with this regulation.

(2) In paragraph 12 (disability premium), for “is aged less than 60”, wherever those words occur, substitute “has not attained the qualifying age for state pension credit”.

(3) In sub-paragraph (1) of paragraph 15 (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”.

Commencement Information

I26 Reg. 26 in force at 6.4.2010, see reg. 1

27.—(1) Schedule 4 (sums to be disregarded in the calculation of earnings) is amended in accordance with this regulation.

(2) In paragraph 3(3)(b), for “is under the age of 60” substitute “has not attained the qualifying age for state pension credit”.

Commencement Information

I27 Reg. 27 in force at 6.4.2010, see reg. 1

28.—(1) Schedule 6 (capital to be disregarded) is amended in accordance with this regulation.

(2) In paragraph 4(a), for “where that person is either aged 60 or over or incapacitated” substitute “where that person has attained the qualifying age for state pension credit or is incapacitated”.

Commencement Information

I28 Reg. 28 in force at 6.4.2010, see reg. 1

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 E+W+S

29.  The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(9) are amended as follows.

Commencement Information

I29 Reg. 29 in force at 6.4.2010, see reg. 1

30.—(1) Regulation 64 (time and manner in which claims are to be made) is amended in accordance with this regulation.

(2) In paragraph (12), for “the age of 59 years and 35 weeks” substitute “the age which is 17 weeks younger than the qualifying age for state pension credit”.

Commencement Information

I30 Reg. 30 in force at 6.4.2010, see reg. 1

31.—(1) Schedule 6 (capital to be disregarded) is amended in accordance with this regulation.

(2) In paragraph 4(a), for “where that person is either aged 60 or over or incapacitated” substitute “where that person has attained the qualifying age for state pension credit or is incapacitated”.

Commencement Information

I31 Reg. 31 in force at 6.4.2010, see reg. 1

Amendment of the Council Tax Benefit Regulations 2006 E+W+S

32.  The Council Tax Benefit Regulations 2006(10) are amended as follows.

Commencement Information

I32 Reg. 32 in force at 6.4.2010, see reg. 1

33.—(1) Regulation 69 (time and manner in which claims are to be made) is amended in accordance with this regulation.

(2) In paragraph (13), for “the age of 59 years and 35 weeks” substitute “the age which is 17 weeks younger than the qualifying age for state pension credit”.

Commencement Information

I33 Reg. 33 in force at 6.4.2010, see reg. 1

34.—(1) Schedule 1 (applicable amounts) is amended in accordance with this regulation.

(2) In paragraph 12 (disability premium), for “is aged less than 60”, wherever those words occur, substitute “has not attained the qualifying age for state pension credit”.

(3) In sub-paragraph (1) of paragraph 15 (enhanced disability premium), for “is aged less than 60” substitute “has not attained the qualifying age for state pension credit”.

Commencement Information

I34 Reg. 34 in force at 6.4.2010, see reg. 1

35.—(1) Schedule 3 (sums to be disregarded in the calculation of earnings) is amended in accordance with this regulation.

(2) In paragraph 3(3)(b), for “is under the age of 60” substitute “has not attained the qualifying age for state pension credit”.

Commencement Information

I35 Reg. 35 in force at 6.4.2010, see reg. 1

36.—(1) Schedule 5 (capital to be disregarded) is amended in accordance with this regulation.

(2) In paragraph 4(a), for “where that person is either aged 60 or over or incapacitated” substitute “where that person has attained the qualifying age for state pension credit or is incapacitated”.

Commencement Information

I36 Reg. 36 in force at 6.4.2010, see reg. 1

Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 E+W+S

37.  The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(11) are amended as follows.

Commencement Information

I37 Reg. 37 in force at 6.4.2010, see reg. 1

38.—(1) Regulation 53 (time and manner in which claims are to be made) is amended in accordance with this regulation.

(2) In paragraph (12A), for “the age of 59 years and 35 weeks” substitute “the age which is 17 weeks younger than the qualifying age for state pension credit”.

Commencement Information

I38 Reg. 38 in force at 6.4.2010, see reg. 1

39.—(1) Schedule 4 (capital disregards) is amended in accordance with this regulation.

(2) In paragraph 4(a), for “where that person is either aged 60 or over or incapacitated” substitute “where that person has attained the qualifying age for state pension credit or is incapacitated”.

Commencement Information

I39 Reg. 39 in force at 6.4.2010, see reg. 1

Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 E+W+S

40.  The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006(12) are amended as follows.

Commencement Information

I40 Reg. 40 in force at 6.4.2010, see reg. 1

41.—(1) Schedule 3 (transitional and savings provisions) is amended in accordance with this regulation.

(2) In paragraph 5(2), in regulation 13 (restrictions on unreasonable payments) as set out in that paragraph, for paragraph (4)(a) substitute—

“(a) has attained the qualifying age for state pension credit; or”.

Commencement Information

I41 Reg. 41 in force at 6.4.2010, see reg. 1

Amendment of the Employment and Support Allowance Regulations 2008 E+W+S

42.  The Employment and Support Allowance Regulations 2008(13) are amended as follows.

Commencement Information

I42 Reg. 42 in force at 6.4.2010, see reg. 1

43.—(1) Regulation 158 (meaning of “person in hardship”) is amended in accordance with this regulation.

(2) In paragraph (3)(e), for “is aged 60 or more” substitute “has attained the qualifying age for state pension credit”.

Commencement Information

I43 Reg. 43 in force at 6.4.2010, see reg. 1

44.—(1) Schedule 9 (capital to be disregarded) is amended in accordance with this regulation.

(2) In paragraph 4(a), for “is aged 60 or over” substitute “has attained the qualifying age for state pension credit”.

Commencement Information

I44 Reg. 44 in force at 6.4.2010, see reg. 1

Signed by authority of the Secretary of State for Work and Pensions.

Jim Knight

Minister of State,

Department for Work and Pensions

9th June 2009