{
  "url": "https://openlegislation.uk/state-pension-credit-regulations-northern-ireland-2003/regulation-15",
  "json_url": "https://openlegislation.uk/state-pension-credit-regulations-northern-ireland-2003/regulation-15.json",
  "legislation": "nisr/2003/28",
  "legislation_title": "The State Pension Credit Regulations (Northern Ireland) 2003",
  "legislation_url": "https://openlegislation.uk/state-pension-credit-regulations-northern-ireland-2003",
  "path": "regulation/15",
  "kind": "regulation",
  "number": "15",
  "heading": "Income for the purposes of the Act",
  "text": "(1) For the purposes of section 15(1)(e) of the Act (income and capital), all social security benefits are prescribed except –\n(a) disability living allowance;\n(aa) armed forces independence payment;\n(b) attendance allowance payable under section 64 of the Contributions and Benefits Act;\n(c) an increase of disablement pension under section 104 or 105 of that Act;\n(d) a payment under regulations made in exercise of the power conferred by paragraph 4(2)(b) of Part II of Schedule 8 to that Act;\n(e) an increase of an allowance payable in respect of constant attendance under paragraph 4 of Part II of Schedule 8 to that Act;\n(f) any child special allowance payable under section 56 of that Act;\n(g) any guardian’s allowance payable under section 77 of that Act;\n(h) any increase for a dependant, other than the claimant’s partner, payable in accordance with Part IV of that Act;\n(i) any social fund payment made under Part VIII of that Act;\n(j) child benefit payable in accordance with Part IX of that Act;\n(k) Christmas bonus payable under Part X of that Act;\n(l) housing benefit;\n(m) bereavement payment;\n(n) statutory sick pay;\n(o) statutory maternity pay;\n(p) ... statutory paternity pay payable under Part XIIZA of the Contributions and Benefits Act;\n(pb) statutory shared parental pay payable under Part 12ZC of the Contributions and Benefits Act;\n(pa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(q) statutory adoption pay payable under Part XIIZB of the Contributions and Benefits Act;\n(r) any benefit similar to those mentioned in the preceding provisions of this paragraph payable under legislation having effect in Great Britain.\n(2) For the purposes of section 15(1)(f) of the Act, income includes—\n(a) all foreign social security benefits which are similar to the social security benefits prescribed under paragraph (1), and\n(b) any foreign state retirement pension.\n(3) Where the payment of any social security benefit prescribed under paragraph (1) is subject to any deduction (other than an adjustment specified in paragraph (4)) the amount to be taken into account under paragraph (1) shall be the amount before the deduction is made.\n(4) The adjustments specified in this paragraph are those made in accordance with –\n(a) the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979;\n(b) regulation 2 of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005;\n(c) section 30DD (incapacity benefit: reduction for pension payments) or section 30E (incapacity benefit: rate) of the Contributions and Benefits Act.\n(d) section 3 of the Welfare Reform Act (deductions from contributory allowance).\n(5) For the purposes of section 15(1)(j) of the Act (income to include income of prescribed descriptions), income of the following descriptions is prescribed –\n(a) a payment made under—\n(i) Article 30 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, in any case where Article 30(1)(b) applies, or\n(ii) Article 12(8) of that Order, in any case where sub-paragraph (b) of that Article applies;\n(aa) a guaranteed income payment;\n(ab) a payment made under Article 21(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 in any case where Article 23(2)(c) applies ;\n(ac) any retired pay, pension or allowance granted in respect of disablement or any pension or allowance granted to a widow, widower or surviving civil partner in respect of a death due to service or war injury under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 where such payment does not fall within paragraph (a) of the definition of “war disablement pension” in section 17(1) of the State Pension Credit Act (Northern Ireland) 2002 or, in respect of any retired pay or pension granted in respect of disablement, where such payment does not fall within paragraph (b) of that definition;\n(b) a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria;\n(c) payments under a scheme made under the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979;\n(d) payments made towards the maintenance of the claimant by his spouse , civil partner, former spouse or former civil partner or towards the maintenance of the claimant’s partner by his spouse , civil partner, former spouse or former civil partner, including payments made –\n(i) under a court order;\n(ii) under an agreement for maintenance, or\n(iii) voluntarily;\n(e) payments due from any person in respect of board and lodging accommodation provided by the claimant...;\n(f) royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;\n(g) any payment in respect of any—\n(i) book registered under the Public Lending Right Scheme 1982, or\n(ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;\n(h) any income in lieu of that specified in –\n(i) paragraphs (a) to (i) of section 15(1) of the Act, or\n(ii) in this regulation;\n(i) any payment of rent made to a claimant who –\n(i) owns the freehold or leasehold interest in any property or is a tenant of any property;\n(ii) occupies part of that property, and\n(iii) has an agreement with another person allowing that person to occupy that property on payment of rent.\n(j) any payment made at regular intervals under an equity release scheme.\n(k) PPF periodic payments.\n(6) For the purposes of section 15(2) of the Act (deemed income from capital) and subject to regulation 17(8) (capital to be disregarded), a claimant’s capital shall be deemed to yield a weekly income of—\n(a) £1 for each £500 in excess of £10,000; and\n(b) £1 for any excess which is not a complete £500.\n(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 15(1)(aa) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 23(3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 15(1)(p)(pa) substituted for reg. 15(1)(p) (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/121), regs. 1(1), 5(3)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in reg. 15(1)(p) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(3), 10(3)(a) (with art. 25)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 15(1)(pb) inserted (15.3.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(2), 10(3)(c) (with art. 25)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 15(1)(pa) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(3), 10(3)(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Reg. 15(2) substituted (13.4.2010) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/69), regs. 1(4)(c), 6(5)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Reg. 15(4)(b) substituted (10.4.2006) by The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005 (S.R. 2005/580), regs. 1(1)(a), 7(3)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Reg. 15(4)(d) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(6)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Reg. 15(5)(a) substituted (coming into force in accordance with reg. 1(2) of the amending Rule) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(2), 4(3)(a)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Reg. 15(5)(aa)(ab) inserted (4.4.2005) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2005 (S.R. 2005/98), regs. 1(1), 2(3)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in reg. 15(5)(ab) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(3)(b)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Reg. 15(5)(ac) inserted (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(3)(c)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in reg. 15(5)(d) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order (Northern Ireland) 2005 (S.R. 2005/536), art. 1, Sch. 3 para. 30(3) (with art. 3)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Words in reg. 15(5)(e) omitted (3.10.2005) by virtue of The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2005 (S.R. 2005/424), regs. 1(1), 5(3)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Reg. 15(5)(f) substituted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/92), regs. 1(3), 5(2)(a)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Reg. 15(5)(g) substituted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/92), regs. 1(3), 5(2)(b)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Reg. 15(5)(h)(i) added (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(7)(b)"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Reg. 15(5)(j) added (4.10.2004) by The Social Security (Housing Benefit, State Pension Credit and Miscellaneous Amendments) Regulations (Northern Ireland) 2004 (S.R. 2004/394), regs. 1(1)(a), 6(3)"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Reg. 15(5)(k) added (6.4.2006) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2006 (S.R. 2006/97), regs. 1(1), 5(2)"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "Reg. 15(6) substituted (2.11.2009) by The Social Security (Deemed Income from Capital) Regulations (Northern Ireland) 2009 (S.R. 2009/262), regs. 1(1), 2(a)"
    },
    {
      "type": "F",
      "label": "F21",
      "text": "Reg. 15(7)(8) omitted (2.11.2009) by virtue of The Social Security (Deemed Income from Capital) Regulations (Northern Ireland) 2009 (S.R. 2009/262), regs. 1(1), 2(b)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 15 in operation at 6.10.2003, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "See in particular paragraph 4(2)(b) of Schedule 8"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Bereavement payment was introduced by Article 51 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Part XIIZB was inserted by Article 6 of the Employment (Northern Ireland) Order 2002"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "S.R. 1979 No. 242"
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Section 30DD was inserted by Article 60 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and section 30E was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))"
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "S.I. 1979/925 (N.I. 9); amended by section 22 of the Social Security (Northern Ireland) Order 1985 (S.I. 1985/1209 (N.I. 16))"
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "nisr/2023/157",
      "affecting_title": "The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2026/246",
      "affecting_title": "The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026"
    },
    {
      "type": "inserted",
      "affecting": "nisr/2016/228",
      "affecting_title": "The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016"
    },
    {
      "type": "substituted",
      "affecting": "nisr/2017/66",
      "affecting_title": "The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2017"
    },
    {
      "type": "words inserted",
      "affecting": "nisr/2017/218",
      "affecting_title": "The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2017"
    },
    {
      "type": "words inserted",
      "affecting": "nisr/2017/218",
      "affecting_title": "The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2017"
    },
    {
      "type": "added",
      "affecting": "nisr/2017/218",
      "affecting_title": "The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2017"
    },
    {
      "type": "substituted",
      "affecting": "nisr/2017/62",
      "affecting_title": "The Social Security (Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2017"
    },
    {
      "type": "inserted",
      "affecting": "nisr/2018/192",
      "affecting_title": "The Social Fund and Income-Related Benefits (Miscellaneous Amendments and Savings) Regulations (Northern Ireland) 2018"
    },
    {
      "type": "inserted",
      "affecting": "nisr/2019/23",
      "affecting_title": "The Social Security (Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2019"
    },
    {
      "type": "inserted",
      "affecting": "nisr/2020/119",
      "affecting_title": "The Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations (Northern Ireland) 2020"
    },
    {
      "type": "inserted",
      "affecting": "nisr/2022/236",
      "affecting_title": "The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2022 (revoked)"
    },
    {
      "type": "inserted",
      "affecting": "nisr/2022/168",
      "affecting_title": "The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2022 (revoked)"
    },
    {
      "type": "inserted",
      "affecting": "nisr/2023/56",
      "affecting_title": "The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2023 (revoked)"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2021/886",
      "affecting_title": "The Social Security (Scotland) Act 2018 (Disability Assistance, Young Carer Grants, Short-term Assistance and Winter Heating Assistance) (Consequential Provision and Modifications) Order 2021"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2021/886",
      "affecting_title": "The Social Security (Scotland) Act 2018 (Disability Assistance, Young Carer Grants, Short-term Assistance and Winter Heating Assistance) (Consequential Provision and Modifications) Order 2021"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2021/886",
      "affecting_title": "The Social Security (Scotland) Act 2018 (Disability Assistance, Young Carer Grants, Short-term Assistance and Winter Heating Assistance) (Consequential Provision and Modifications) Order 2021"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2021/886",
      "affecting_title": "The Social Security (Scotland) Act 2018 (Disability Assistance, Young Carer Grants, Short-term Assistance and Winter Heating Assistance) (Consequential Provision and Modifications) Order 2021"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2023/1218",
      "affecting_title": "The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2019/1060",
      "affecting_title": "The Social Security (Scotland) Act 2018 (Funeral Expense Assistance and Early Years Assistance) (Consequential Modifications and Savings) Order 2019"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2003/28/regulation/15",
    "retrieved_at": "2026-10-29T02:05:09.593277+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}