State Pension Credit (Northern Ireland) Act 2002

JurisdictionNorthern Ireland
Citation2002 NI c 14
Year2002
(1) A social security benefit to be known as state pension credit shall be payable in accordance with the following provisions of this Act.he is in Northern Ireland;he has attained the qualifying age; andthe condition in section 2(1) (guarantee credit) ; orthe conditions in section 3(1) and (2) (savings credit) .to a guarantee credit, calculated in accordance with section 2, if he satisfies the condition in subsection (1) of that section; orto a savings credit, calculated in accordance with section 3, if he satisfies the conditions in subsections (1) and (2) of that section,(4) Subsections (2) and (3) are subject to the following provisions of this Act.as to circumstances in which a person is to be treated as being or not being in Northern Ireland; orcontinuing a person's entitlement to state pension credit during periods of temporary absence from Northern Ireland.in the case of a woman, pensionable age; orin the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man.has no income; orhas income which does not exceed the appropriate minimum guarantee.if he has no income, the guarantee credit shall be the appropriate minimum guarantee; andif he has income, the guarantee credit shall be the difference between the appropriate minimum guarantee and his income.the standard minimum guarantee; andsuch prescribed additional amounts as may be applicable.(4) The standard minimum guarantee shall be a prescribed amount.a uniform single amount in the case of every claimant who is a member of aF2 couple; anda lower uniform single amount in the case of every claimant who is not a member ofF2 a couple.(6) Regulations may provide that, in prescribed cases, subsection (3) shall have effect with the substitution for the reference in paragraph (a) to the standard minimum guarantee of a reference to a prescribed amount.(7) Where the claimant is severely disabled, there shall be included among the additional amounts prescribed under subsection (3) (b) an amount in respect of that circumstance.the claimant is entitled to an allowance under section 70 of the Contributions and Benefits Act (invalid care allowance) ; orif the claimant is a member of aF2 couple, the other member of the couple is entitled to such an allowance,(9) Except for the amount of the standard minimum guarantee, the powers conferred by this section to prescribe amounts include power to prescribe nil as an amount.has attained pensionable age before 6 April 2016 and has attained the age of 65 (before, on or after that date) , oris a member of a couple, the other member of which falls within paragraph (a) .the claimant's qualifying income exceeds the savings credit threshold; andthe claimant's income is such that, for the purposes of subsection (3) , amount A exceeds amount B.(3) Where the claimant is entitled to a savings credit, the amount of the savings credit shall be the amount by which amount A exceeds amount B.(4) For the purposes of subsection (3) —
  • “amount A” is the smaller of—
    • (a) the maximum savings credit; and
    • (b) a prescribed percentage of the amount by which the claimant's qualifying income exceeds the savings credit threshold; and
  • “amount B” is—
    • (a) a prescribed percentage of the amount (if any) by which the claimant's income exceeds the appropriate minimum guarantee; or
    • (b) if there is no such excess, nil.
(5) Where, by virtue of regulations under section 2(6) , the claimant's appropriate minimum guarantee does not include the standard minimum guarantee, regulations may provide that the definition of “amount B” in subsection (4) shall have effect with the substitution for the reference in paragraph (a) to the appropriate minimum guarantee of a reference to a prescribed higher amount.(6) Regulations may make provision as to income which is, and income which is not, to be treated as qualifying income for the purposes of this section.(7) For the purposes of this section—
  • “the savings credit threshold” is such amount as may be prescribed;
  • “the maximum savings credit” is a prescribed percentage of the difference between—
    • (a) the standard minimum guarantee; and
    • (b) the savings credit threshold.
(8) Regulations may prescribe descriptions of persons in whose case the maximum savings credit shall be taken to be nil.(1) Regulations may provide that, in prescribed cases, a person who is a member of a mixed-age couple is not entitled to a savings credit.the person has been awarded a savings credit with effect from a day before 6 April 2016 and was entitled to a savings credit immediately before that date, andthe person remained entitled to state pension credit at all times since the beginning of 6 April 2016.(3) (1) A claimant is not entitled to state

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