Regulation 24 Amendment of Income Support (General) RegulationsI1

for paragraph 9^f5 (pensioner premium for persons under 75) there shall be substituted the following paragraph –

“9.

The condition is that the claimant has a partner aged not less than 60 but less than 75.”;

for paragraph 9A^f6 (pensioner premium for persons 75 and over), there shall be substituted –

“9A.

The condition is that the claimant has a partner aged not less than 75 but less than 80.”;

in paragraph 10^f7 (higher pensioner premium) –

in paragraph 11 (disability premium) –

in paragraph 12^f8 (additional condition for the higher pensioner and disability premiums), in sub-paragraph (1) for head (c) there shall be substituted the following heads –

“(c)

the claimant’s partner was in receipt of long-term incapacity benefit under Part II of the Contributions and Benefits Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act and –

(i)

the claimant has since remained continuously entitled to income support;

(ii)

the higher pensioner premium or disability premium has been applicable to the claimant, and

(iii)

the partner is still alive;

(d)

except where paragraph (1)(a), (b), (c)(ii) or (d)(ii) of Schedule 7 (patients) applies, the claimant or, as the case may be, his partner was in receipt of attendance allowance or disability living allowance –

(i)

but payment of that benefit has been suspended under the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975^f9 or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 21(3), and

(ii)

a higher pensioner premium or disability premium has been applicable to the claimant.”;

in paragraph 13A^f10 (enhanced disability premium), in sub-paragraph (1) for head (b) and the words which follow that head, there shall be substituted the following head –

“(b)

a member of the claimant’s family who is aged less than 60.” ;

in paragraph 15^f11 (premiums) –

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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in paragraph 9(1), for head (a) there shall be substituted the following head –

“(a)

the claimant’s partner has attained the qualifying age for state pension credit;”;

in paragraph 14, after sub-paragraph (13) there shall be added the following sub-paragraph –

“(14)

For the purpose of determining whether the linking rules set out in this paragraph apply in a case where a claimant’s former partner was entitled to state pension credit, any reference to income support in this Schedule shall be taken to include also a reference to state pension credit.”;

in paragraph 18(1), for heads (a) and (b) there shall be substituted the following heads –

“(a)

in respect of a non-dependant aged 18 or over who is engaged in any remunerative work but is not in receipt of state pension credit, £47.75;

(b)

in respect of a non-dependant who is engaged in remunerative work and in receipt of state pension credit, £7.40;

(c)

in respect of a non-dependant aged 18 or over to whom neither head (a) nor head (b) applies, £7.40.”.

paragraph 1(a)(i) shall be omitted;

after paragraph 1 there shall be inserted the following paragraph –

“1A.

If the claimant’s partner has been engaged in remunerative work as an employed earner or, had the employment been in Northern Ireland, would have been so engaged, any earnings paid or due to be paid on termination of that employment by way of retirement but only if the partner has attained the qualifying age for state pension credit on retirement.”;

in paragraph 4 –