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Regulation 61B Deferral of retirement pension incomeF1F2

(1)

Where, at the time a migration notice is issued, the notified person—

(a)

has reached the qualifying age for state pension credit;

(b)

is entitled to an award of a tax credit; and

(c)

has not made an application for retirement pension income to which they might expect to be entitled,

regulation 74 (notional unearned income) of the Universal Credit Regulations is not, subject to paragraph (2), to apply in relation to that person for the purpose of calculating the amount of an award of universal credit (including the indicative UC amount) until the assessment period following the first 12 assessment periods of an award made in respect of a F3qualifying claim by that person.

(2)

This regulation ceases to apply in an assessment period in which a transitional element or transitional capital disregard would cease to apply by virtue of regulation 57 (circumstances in which transitional protection ceases) or regulation 58 (application of transitional protection to a subsequent award).

(3)

In this regulation “retirement pension income” has the same meaning as in regulation 67 (meaning of “retirement pension income”) of the Universal Credit Regulations.

Annotations

Textual amendments

F1

Pt. 4 added (24.7.2019) by The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(2), 2(8)

F2

Regs. 61A-61C inserted (8.6.2024) by The Social Security (State Pension Age Claimants: Closure of Tax Credits) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/119), regs. 1(1), 2(5)

F3

Word in reg. 61B(1) inserted (27.1.2025) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(2), 6(10)