OpenLegislation

The Housing Benefit (War Pension Disregards Amendment) Regulations (Northern Ireland) 2010

S.R. 2010/8 · Made 20 January 2010

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Housing; Rates

Made 20th January 2010

Coming into operation 26th January 2010

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 132(4)(b) and 171(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 and now vested in itf2.

The Regulations are made with the consent of the Department of Finance and Personnelf3.

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to itf4.

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

f2

See Article 8(b) of S.R. 1999 No. 481

f3

See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481

f4

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Housing Benefit Regulations
  3. 3Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Housing Benefit (War Pension Disregards Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 26th January 2010.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of the Housing Benefit Regulations

In paragraph 15 of Schedule 6 to the Housing Benefit Regulations (Northern Ireland) 2006f1 (sums to be disregarded in the calculation of income other than earnings) after sub-paragraph (b) insert—

“(ba)

any retired pay or pension payable, to a member of the armed forces of the Crown in respect of a disablement which is attributable to service, under—

(i)

an Order in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865f2;

(ii)

the Army Pensions Warrant 1977f3;

(iii)

any order or regulations made under section 2 of the Air Force (Constitution) Act 1917f4;

(iv)

any order or regulations made under section 4 of the Reserve Forces Act 1996f5, or

(v)

any instrument amending or replacing any of the instruments referred to in paragraphs (i) to (iv);

(bb)

any retired pay or pension payable, to a member of the armed forces of the Crown in respect of a disablement which is attributable to service, under any power of Her Majesty otherwise than under any statutory provision to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

(bc)

a pension payable, to a widow, widower or surviving civil partner of a member of the armed forces of the Crown in respect of death which is attributable to service, under—

(i)

an Order in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865;

(ii)

the Army Pensions Warrant 1977;

(iii)

any order or regulations made under section 2 of the Air Force (Constitution) Act 1917;

(iv)

any order or regulations made under section 4 of the Reserve Forces Act 1996, or

(v)

any instrument amending or replacing any of the instruments referred to in paragraphs (i) to (iv);”.

3Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

In paragraph 1 of Schedule 6 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006f1 (amounts to be disregarded in the calculation of income other than earnings) after sub-paragraph (b) insert—

“(ba)

any retired pay or pension payable, to a member of the armed forces of the Crown in respect of a disablement which is attributable to service, under—

(i)

an Order in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865;

(ii)

the Army Pensions Warrant 1977;

(iii)

any order or regulations made under section 2 of the Air Force (Constitution) Act 1917;

(iv)

any order or regulations made under section 4 of the Reserve Forces Act 1996, or

(v)

any instrument amending or replacing any of the instruments referred to in paragraphs (i) to (iv);

(bb)

any retired pay or pension payable, to a member of the armed forces of the Crown in respect of a disablement which is attributable to service, under any power of Her Majesty otherwise than under any statutory provision to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

(bc)

a pension payable, to a widow, widower or surviving civil partner of a member of the armed forces of the Crown in respect of death which is attributable to service, under—

(i)

an Order in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865;

(ii)

the Army Pensions Warrant 1977;

(iii)

any order or regulations made under section 2 of the Air Force (Constitution) Act 1917;

(iv)

any order or regulations made under section 4 of the Reserve Forces Act 1996, or

(v)

any instrument amending or replacing any of the instruments referred to in paragraphs (i) to (iv);”.

Signature

Sealed with the Official Seal of the Department for Social Development on 20th January 2010

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

The Department of Finance and Personnel hereby consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 21st January 2010

(L.S.)

Jack Layberry

A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit Regulations (Northern Ireland) 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006.

Regulation 2 amends paragraph 15 of Schedule 6 to the Housing Benefit Regulations (Northern Ireland) 2006 to add certain service attributable pensions to the list of war pensions which are disregarded as income for housing benefit purposes. This corrects the erroneous removal of such a disregard by the Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008 No. 498).

Regulation 3 makes an equivalent amendment to paragraph 1 of Schedule 6 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006.