{ "url": "https://openlegislation.uk/state-pension-credit-regulations-northern-ireland-2003/schedule-5/paragraph-13", "json_url": "https://openlegislation.uk/state-pension-credit-regulations-northern-ireland-2003/schedule-5/paragraph-13.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/5/paragraph/13", "kind": "paragraph", "number": "13", "heading": null, "text": "(1) Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a claimant’s partner who is–\n(a) ... a diagnosed person;\n(b) a diagnosed person’s partner or was a diagnosed person’s partner at the time of the diagnosed person’s death;\n(c) ... a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death.\n(2) Where a trust payment is made to–\n(a) a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on and including the date on which the trust payment is made and ending on the date on which the partner dies;\n(b) a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on and including the date on which the trust payment is made and ending 2 years after that date.\n(3) Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a claimant’s partner who is–\n(a) ... the diagnosed person;\n(b) a diagnosed person’s partner or was a diagnosed person’s partner at the date of the diagnosed person’s death, or\n(c) ... a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death.\n(4) Where a payment referred to in sub-paragraph (3) is made to–\n(a) a person referred to in sub-paragraph (3)(a) or (b), that sub-paragraph shall apply for the period beginning on and including the date on which the trust payment is made and ending on the date on which the partner dies;\n(b) a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on and including the date on which the trust payment is made and ending 2 years after that date.\n(5) In this paragraph, a reference to a person –\n(a) being the diagnosed person’s partner;\n(b) acting in place of the diagnosed person’s parents,\nat the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person residing in a residential care home, nursing home or an independent hospital.\n(6) In this paragraph –\n“diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;\n“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;\n“trust payment” means a payment under a relevant trust.", "extent": "N.I.", "status": null, "version": "current", "annotations": [ { "type": "F", "label": "F1", "text": "Words in Sch. 5 para. 13(1) substituted (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(11)(c)(i)" }, { "type": "F", "label": "F2", "text": "Word in Sch. 5 para. 13(1)(a) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(ii)" }, { "type": "F", "label": "F3", "text": "Words in Sch. 5 para. 13(1)(b) inserted (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(11)(c)(iii)" }, { "type": "F", "label": "F4", "text": "Word in Sch. 5 para. 13(1)(c) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(iv)" }, { "type": "F", "label": "F5", "text": "Words in Sch. 5 para. 13(2) inserted (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(11)(c)(v)" }, { "type": "F", "label": "F6", "text": "Words in Sch. 5 para. 13(2)(a) substituted (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(11)(c)(vi)" }, { "type": "F", "label": "F7", "text": "Words in Sch. 5 para. 13(2)(b) substituted (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(11)(c)(vii)" }, { "type": "F", "label": "F8", "text": "Words in Sch. 5 para. 13(3) substituted (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(11)(c)(viii)" }, { "type": "F", "label": "F9", "text": "Words in Sch. 5 para. 13(3)(a) substituted (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(11)(c)(ix)" }, { "type": "F", "label": "F10", "text": "Words in Sch. 5 para. 13(3)(b) inserted (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(11)(c)(x)" }, { "type": "F", "label": "F11", "text": "Word in Sch. 5 para. 13(3)(c) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(xi)" }, { "type": "F", "label": "F12", "text": "Words in Sch. 5 para. 13(4) inserted (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(11)(c)(xii)" }, { "type": "F", "label": "F13", "text": "Words in Sch. 5 para. 13(4)(a) substituted (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(11)(c)(xiii)" }, { "type": "F", "label": "F14", "text": "Words in Sch. 5 para. 13(4)(b) substituted (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(11)(c)(xiv)" }, { "type": "F", "label": "F15", "text": "Words in Sch. 5 para. 13(5) substituted (14.11.2005) by The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005 (S.R. 2005/458), reg. 1(1), Sch. 4 para. 6" }, { "type": "F", "label": "F16", "text": "Word in Sch. 5 para. 13(6) substituted (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(11)(c)(xv)" }, { "type": "I", "label": "I1", "text": "Sch. 5 para. 13 in operation at 6.10.2003, see reg. 1(1)" } ], "outstanding_effects": [ { "type": "inserted", "affecting": "nisr/2022/172", "affecting_title": "The Income-Related Benefits (Local Welfare Provision Disregard) (Amendment) Regulations (Northern Ireland) 2022" }, { "type": "words inserted", "affecting": "nisr/2020/108", "affecting_title": "The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020" }, { "type": "words inserted", "affecting": "nisr/2026/177", "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2026" }, { "type": "words inserted", "affecting": "nisr/2026/181", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2026" }, { "type": "words inserted", "affecting": "nisr/2026/181", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2026" }, { "type": "words inserted", "affecting": "nisr/2026/181", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2026" }, { "type": "inserted", "affecting": "nisr/2016/236", "affecting_title": "The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016" }, { "type": "word omitted", "affecting": "nisr/2016/236", "affecting_title": "The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016" }, { "type": "inserted", "affecting": "nisr/2016/236", "affecting_title": "The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016" }, { "type": "inserted", "affecting": "nisr/2016/228", "affecting_title": "The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016" }, { "type": "words inserted", "affecting": "nisr/2017/219", "affecting_title": "The Social Security (Infected Blood and Thalidomide) Regulations (Northern Ireland) 2017" }, { "type": "words inserted", "affecting": "nisr/2017/219", "affecting_title": "The Social Security (Infected Blood and Thalidomide) Regulations (Northern Ireland) 2017" }, { "type": "added", "affecting": "nisr/2017/219", "affecting_title": "The Social Security (Infected Blood and Thalidomide) Regulations (Northern Ireland) 2017" }, { "type": "words inserted", "affecting": "nisr/2017/205", "affecting_title": "The Social Security (Emergency Funds) (Amendment) Regulations (Northern Ireland) 2017" }, { "type": "words inserted", "affecting": "nisr/2017/205", "affecting_title": "The Social Security (Emergency Funds) (Amendment) Regulations (Northern Ireland) 2017" }, { "type": "inserted", "affecting": "nisr/2017/66", "affecting_title": "The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2017" }, { "type": "inserted", "affecting": "nisr/2017/66", "affecting_title": "The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2017" }, { "type": "substituted", "affecting": "nisr/2017/1", "affecting_title": "The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations (Northern Ireland) 2017" }, { "type": "words inserted", "affecting": "nisr/2017/1", "affecting_title": "The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations (Northern Ireland) 2017" }, { "type": "words substituted", "affecting": "nisr/2017/1", "affecting_title": "The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations (Northern Ireland) 2017" }, { "type": "added", "affecting": "nisr/2018/192", "affecting_title": "The Social Fund and Income-Related Benefits (Miscellaneous Amendments and Savings) Regulations (Northern Ireland) 2018" }, { "type": "words inserted", "affecting": "nisr/2018/150", "affecting_title": "The Social Security (Treatment of Arrears of Benefit) Regulations (Northern Ireland) 2018" }, { "type": "added", "affecting": "nisr/2019/195", "affecting_title": "The Social Security (Capital Disregards) (Amendment) Regulations (Northern Ireland) 2019" }, { "type": "inserted", "affecting": "nisr/2020/108", "affecting_title": "The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020" }, { "type": "words inserted", "affecting": "nisr/2020/108", "affecting_title": "The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020" }, { "type": "words inserted", "affecting": "nisr/2020/108", "affecting_title": "The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020" }, { "type": "words inserted", "affecting": "nisr/2020/108", "affecting_title": "The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020" }, { "type": "inserted", "affecting": "nisr/2020/108", "affecting_title": "The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020" }, { "type": "words substituted", "affecting": "nisr/2020/108", "affecting_title": "The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020" }, { "type": "words inserted", "affecting": "nisr/2020/108", "affecting_title": "The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020" }, { "type": "inserted", "affecting": "nisr/2020/108", "affecting_title": "The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020" }, { "type": "words inserted", "affecting": "nisr/2021/345", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2021" }, { "type": "words inserted", "affecting": "nisr/2021/345", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2021" }, { "type": "words inserted", "affecting": "nisr/2023/184", "affecting_title": "The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023" }, { "type": "words inserted", "affecting": "nisr/2023/184", "affecting_title": "The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023" }, { "type": "inserted", "affecting": "nisr/2023/118", "affecting_title": "The Social Security (Infected Blood Capital Disregard) (Amendment) Regulations (Northern Ireland) 2023" }, { "type": "words inserted", "affecting": "nisr/2023/97", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023" }, { "type": "words substituted", "affecting": "nisr/2023/97", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023" }, { "type": "inserted", "affecting": "nisr/2024/174", "affecting_title": "The Social Security (Infected Blood Capital Disregard) (Amendment) Regulations (Northern Ireland) 2024" }, { "type": "words substituted", "affecting": "nisr/2025/122", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025" }, { "type": "words substituted", "affecting": "nisr/2025/122", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025" }, { "type": "words substituted", "affecting": "nisr/2025/122", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025" }, { "type": "words substituted", "affecting": "nisr/2025/24", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025" }, { "type": "words substituted", "affecting": "nisr/2025/24", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025" }, { "type": "words substituted", "affecting": "nisr/2025/24", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025" }, { "type": "words inserted", "affecting": "nisr/2026/177", "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2026" }, { "type": "words inserted", "affecting": "nisr/2026/177", "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2026" }, { "type": "inserted", "affecting": "nisr/2026/146", "affecting_title": "The Universal Credit, Housing Benefit, Employment and Support Allowance and State Pension Credit (Carer’s Allowance Reassessment Capital Disregard) (Amendment) Regulations (Northern Ireland) 2026" }, { "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/2023/134", "affecting_title": "The Bereavement Benefits (Remedial) Order 2023" }, { "type": "Sch. 5 para. 23D renumbered as Sch. 5 para. 23D(1)", "affecting": "uksi/2023/134", "affecting_title": "The Bereavement Benefits (Remedial) Order 2023" }, { "type": "inserted", "affecting": "uksi/2023/134", "affecting_title": "The Bereavement Benefits (Remedial) 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" }, { "type": "inserted", "affecting": "uksi/2026/246", "affecting_title": "The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026" }, { "type": "words substituted", "affecting": "nia/2026/9", "affecting_title": "Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026" }, { "type": "words substituted", "affecting": "nia/2026/9", "affecting_title": "Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026" }, { "type": "words substituted", "affecting": "nia/2026/9", "affecting_title": "Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026" }, { "type": "words substituted", "affecting": "nia/2026/9", "affecting_title": "Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026" }, { "type": "words substituted", "affecting": "nia/2026/9", "affecting_title": "Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026" }, { "type": "words substituted", "affecting": "nia/2026/9", "affecting_title": "Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026" }, { "type": "words inserted", "affecting": "nisr/2026/181", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2026" }, { "type": "words inserted", "affecting": "nisr/2026/181", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2026" }, { "type": "words inserted", "affecting": "nisr/2026/181", "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2026" } ], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/nisr/2003/28/schedule/5/paragraph/13", "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." }