Paragraph 4 I1

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 6 para. 4(1)(a)(vii) word omitted by Personal Independence Payment (Supplementary Provisions and Consequential Amendments) 2016 reg. 25(8)(a)
Sch. 6 para. 4(1)(a)(viii) added by Personal Independence Payment (Supplementary Provisions and Consequential Amendments) 2016 reg. 25(8)(b)
Sch. 6 para. 1(2) words inserted by Housing Benefit and State Pension Credit (Temporary Absence) 2017 reg. 4(10)
Sch. 6 para. 1(2) words substituted by Housing Benefit and State Pension Credit (Temporary Absence) 2017 reg. 4(10)
Sch. 6 para. 4(1)(a)(viia) Sch. 6 para. 4(1)(a)(viii) renumbered as Sch. 6 para. 4(1)(a)(viia) by Social Security (Disability Assistance for Working Age People) 2022 art. 8(3)
Sch. 6 para. 4(1)(a)(viii) inserted by Social Security (Disability Assistance for Working Age People) 2022 art. 23(7)
Sch. 6 para. 4(1)(a)(iiia) inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2024 art. 25(6)
Sch. 6 para. 4(1)(a)(ivb) inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2025 art. 26(7)

(1)

£20 is disregarded if the claimant or, if he has a partner, his partner –

(a)

is in receipt of –

(i)

long-term incapacity benefit under section 30A of the Contributions and Benefits Act^f1;

(ii)

severe disablement allowance under section 68 of that Act;

(iii)

attendance allowance;

(iv)

disability living allowance under section 71 to 76 of that Act;

F1(iva)

armed forces independence payment;

(v)

any mobility supplement under F2Article 20 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 (including such a supplement by virtue of any other scheme or order) or under Article 25A of the Personal Injuries (Civilians) Scheme 1983^f2;

(vi)

the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002^f3,F3...

F4(vii)

employment and support allowance, or

F5(b)

is or are certified as severely sight impaired or blind by a consultant ophthalmologist.

(2)

Subject to sub-paragraph (4), £20 is disregarded if the claimant or, if he has a partner, his partner has, within a period of 8 weeks ending on the day in respect of which the claimant first satisfies the conditions for entitlement to state pension credit, had an award of income support F6, income-based jobseeker’s allowance or income-related employment and support allowance and –

(a)

£20 was disregarded in respect of earnings taken into account in that award;

(b)

the person whose earnings qualified for the disregard continues in employment after the termination of that award.

(3)

Subject to sub-paragraph (4), £20 is disregarded if the claimant or, if he has a partner, his partner, immediately before attaining pensionable age –

(a)

had an award of state pension credit, and

(b)

a disregard under paragraph 4(1)(a)(i) or (ii) was taken into account in determining that award.

(4)

The disregard of £20 specified in sub-paragraphs (2) and (3) applies so long as there is no break, other than a break which does not exceed 8 weeks –

(a)

in a case to which sub-paragraph (2) refers, in a person’s entitlement to state pension credit or in employment following the first day in respect of which state pension credit is awarded, or

(b)

in a case where sub-paragraph (3) applies, in the person’s entitlement to state pension credit since attaining pensionable age.

Annotations

Textual amendments

F1: Sch. 6 para. 4(1)(a), (iva) 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(8)
F2: Words in Sch. 6 para. 4(1)(a)(v) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), regs. 1(1), 4(6)
F3: Word in Sch. 6 para. 4(1)(a)(vi) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(10)(a)(i)
F4: Sch. 6 para. 4(1)(a)(vii) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(10)(a)(ii)
F5: Sch. 6 para. 4(1)(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(4)
F6: Words in Sch. 6 para. 4(2) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(10)(b)

Commencement

I1: Sch. 6 para. 4 in operation at 6.10.2003, see reg. 1(1)

Footnotes

f1: Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and amended by Article 61 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))
f2: S.I. 1983/686; Article 25A was amended by S.I. 1983/1164 and 1540 and 1986/628
f3: S.I. 2002/2005