{
  "url": "https://openlegislation.uk/state-pension-credit-regulations-northern-ireland-2003/schedule-1/paragraph-2",
  "json_url": "https://openlegislation.uk/state-pension-credit-regulations-northern-ireland-2003/schedule-1/paragraph-2.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": "schedule/1/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": "Persons residing with the claimant whose presence is ignored",
  "text": "(1) For the purposes of paragraph 1(1)(a)(ii), (b)(ii) and (c)(iii), this paragraph applies to the persons specified in sub-paragraphs (2) to (7).\n(2) A person who –\n(a) is in receipt of armed forces independence payment, attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act;\n(b) is certified as severely sight impaired or blind by a consultant ophthalmologist;\n(c) is no longer certified as severely sight impaired or blind in accordance with head (b) but was so certified not more than 28 weeks earlier;\n(d) lives with the claimant in order to care for him or his partner and is engaged by a charitable or voluntary organisation which makes a charge to the claimant or his partner for the services provided by that person;\n(e) is a partner of a person to whom head (d) applies, or\n(f) is a person who is a qualifying young person or child for the purposes of Part IX of the Contributions and Benefits Act (child benefit).\n(3) Subject to sub-paragraph (4), a person who joins the claimant’s household for the first time in order to care for the claimant or his partner and immediately before he joined the household, the claimant or his partner was treated as being severely disabled.\n(4) Sub-paragraph (3) applies only for the first 12 weeks following the date on which the person first joins the claimant’s household.\n(5) A person who is not a close relative of the claimant or his partner and –\n(a) who is liable to make payments on a commercial basis to the claimant or his partner in respect of his occupation of the dwelling;\n(b) to whom the claimant or his partner is liable to make payments on a commercial basis in respect of his occupation of that person’s dwelling, or\n(c) who is a member of the household of a person to whom head (a) or (b) applies.\n(6) Subject to paragraph 3(3), a person who jointly occupies the claimant’s dwelling and who is either –\n(a) co-owner of that dwelling with the claimant or the claimant’s partner (whether or not there are other co-owners), or\n(b) jointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of his occupation of that dwelling.\n(7) Subject to paragraph 3(3), a person who is a partner of a person to whom sub-paragraph (6) applies.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 1 para. 2(2)(a) 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(4)(b)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 1 para. 2(2)(b) substituted (26.11.2014) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/275), regs. 1(1), 4(2)(b)(i)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Sch. 1 para. 2(2)(c) substituted (26.11.2014) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/275), regs. 1(1), 4(2)(b)(ii)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 1 para. 2(2)(f) substituted (10.4.2006) by The Social Security (Young Persons) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/128), regs. 1(1)(b), 5(3)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 para. 2 in operation at 6.10.2003, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [
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      "type": "words substituted",
      "affecting": "uksi/2026/246",
      "affecting_title": "The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026"
    },
    {
      "type": "words inserted",
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      "affecting_title": "The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016"
    },
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  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2003/28/schedule/1/paragraph/2",
    "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."
}