SOCIAL SECURITY PART I General Citation, commencement and interpretation 1 1 These regulations may be cited as the Age-Related Payments Regulations (Northern Ireland) 2005 and shall come into operation on 1st September 2005. 2 In these Regulations— “guarantee credit” has the meaning given by section 17 of the State Pension Credit Act (Northern Ireland) 2002 ; “income-based jobseeker’s allowance” has the meaning given by Article 3(1) and (4) of the Jobseekers (Northern Ireland) Order 1995 ; “income support” means income support under section 123 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ; “nursing home” has the meaning given by Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation)(Northern Ireland) Order 2003 ; “qualifying individual”— in Part II means an individual who— is ordinarily resident in Northern Ireland on at least one day in the relevant week; has attained the age of 65 years on or before the last day of the relevant week; and is— single and not in receipt of guarantee credit; or part of a couple of which neither member is in receipt of guarantee credit; and in Part III means an individual who— is ordinarily resident in Northern Ireland on at least one day in the relevant week; has attained the age of 70 years on or before the last day of the relevant week; and is— single and in receipt of guarantee credit; or part of a couple of which either member is in receipt of guarantee credit; “the relevant week” means the week beginning with (and including) Monday 19th September 2005 and ending with Sunday 25th September 2005; “residential care home” has the meaning given by Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation)(Northern Ireland) Order 2003; and “savings credit” has the meaning given by Article 17 of the State Pension Credit Act (Northern Ireland) 2002. 3 These regulations shall apply, with any necessary modifications, to the parties to a polygamous marriage as if they together formed one couple. PART II Payments to Persons over the age of 65 Entitlement: basic cases 2 1 A qualifying individual shall be entitled to a payment of £200 if at any time in the relevant week— a he is single; and b he is not living with another qualifying individual. 2 A qualifying individual shall be entitled to a payment of £100 if at any time in the relevant week— a he is single; and b he is living with another qualifying individual. 3 A qualifying individual shall be entitled to a payment of £200 if at any time in the relevant week he is part of a couple and— a the other member of the couple is not in receipt of guarantee credit, income-based jobseeker’s allowance or income support; and b either— i the other member of the couple is not a qualifying individual; or ii either member of the couple is in receipt of savings credit. 4 A qualifying individual shall be entitled to a payment of £100 if at any time in the relevant week he is part of a couple and the other member of the couple is also a qualifying individual. 5 This regulation is subject to regulation 3. Entitlement: special cases 3 1 Where— a A member of a couple would (but for this paragraph) be entitled to a payment under regulation 2(3)(b)(i) (and not under regulation 2(3)(b)(ii)); and b the couple lives with one or more qualifying individuals who are single, then the member of the couple shall instead be entitled to a payment of £100. 2 Where— a two or more couples live together; and b two or more individuals, each of whom is part of one of the couples, would (but for this paragraph) be entitled to a payment under regulation 2(3), then each of those individuals who would (but for this paragraph) be entitled to a payment under regulation 2(3)(b)(i) (and not under regulation 2(3)(b)(ii)) shall instead be entitled to a payment of £100. 3 Where each member of a couple would (but for this paragraph) be entitled to a payment under regulation 2(3)(b)(ii)— a the member who is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000 shall be entitled to a payment under regulation 2(3)(b)(ii); and b the other member shall not be entitled to a payment under regulation 2(3)(b)(ii). 4 Where— a only one member of a couple is a qualifying individual; b he would (but for this paragraph) be entitled to a payment under regulation 2(3); c the other member of the couple is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000; and d the qualifying individual is not to receive a payment in 2005 under those Regulations, then— i that other member of the couple shall be entitled to a payment of £200; and ii the qualifying individual shall not be entitled to a payment under regulation 2(3). 5 Where— a only one member of the couple is a qualifying individual; b he would (but for this paragraph) be entitled to a payment under either of paragraph (1) or (2); c the other member of the couple is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000; and d the qualifying individual is not to receive a payment in 2005 under those Regulations, then— i that other member of the couple shall be entitled to a payment of £100; and ii the qualifying individual shall not be entitled to a payment under these Regulations. PART III Payments to Persons over the age of 70 Entitlement: guarantee credit basic cases 4 1 A qualifying individual shall be entitled to a payment of £50 if at any time in the relevant week he is single. 2 A qualifying individual shall be entitled to a payment of £50 if at any time in the relevant week he is part of a couple and the other member of the couple is not a qualifying individual. 3 A qualifying individual shall be entitled to a payment of £50 if at any time in the relevant week he is part of a couple and— a the other member of the couple is a qualifying individual; and b he (and not the other member) is in receipt of guarantee credit. 4 This regulation is subject to regulation 5. Entitlement: guarantee credit special cases 5 1 Where— a only one member of a couple is a qualifying individual; b he would (but for this paragraph) be entitled to a payment under regulation 4(2); c the other member of the couple is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000; and d the qualifying individual is not to receive a payment in 2005 under those Regulations, then— i that other member of the couple shall be entitled to a payment of £50; and ii the qualifying individual shall not be entitled to a payment under regulation 4(2). 2 A qualifying individual shall not be entitled to a payment under this Part if— a on the last day of the relevant week he is living in a residential care home or a nursing home; and b throughout the period of 13 weeks ending with the relevant week his ordinary place of residence was a residential care home or a nursing home. 3 Where a person who ceases to be entitled to a payment by virtue of paragraph (2) is part of a couple, in the application of regulation 4(2) and (3) to the other member of the couple, the person who ceases to be entitled under paragraph (2) shall be treated as a non-qualifying individual. PART IV Disqualifications, Procedure Etc. Disqualifications 6 1 A person who would (but for this regulation) be entitled to a payment under any of regulations 2 to 5 shall not be entitled to the payment if— a he is in receipt of free in-patient treatment throughout the period of 52 weeks ending with the relevant week; b he is in custody throughout the relevant week; or c he is subject to immigration control throughout the relevant week. 2 For the purposes of paragraph (1)— a the reference to receipt of free in-patient treatment shall be construed in accordance with regulation 2(2) and (2A) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975 ; b a person is in custody if he is detained in custody under a sentence imposed by a court; and c the reference to being subject to immigration control shall be construed in accordance with section 115(9) of the Immigration and Asylum Act 1999 . 3 Where a person to whom this regulation applies is part of a couple, in the application of these Regulations to the other member of the couple, the person to whom this regulation applies shall be treated as a non-qualifying individual. Procedure 7 1 Where before 31st December 2005 the Department thinks that a person is entitled to a payment under any of regulations 2 to 5, the Department shall make the payment before that date without a claim being required. 2 Where, by virtue of a decision made after the relevant week that section 115(9) of the Immigration and Asylum Act 1999 (exclusions) ceases to apply to a person, the Department thinks that the person is entitled to a payment, under any of regulations 2 to 5, the Department shall make the payment without a claim being required. 3 A person who is entitled to a payment under any of regulations 2 to 5 and who does not receive it before 31st December 2005, may claim the payment. 4 A claim under paragraph (3) must— a be in writing to the Department; b be received by the Department before 31st March 2006; and c specify— i the claimant’s name, address, date of birth and national insurance number (if he has one); and ii the date on which the claim is sent to the Department; and d include a declaration that the claimant was ordinarily resident in Northern Ireland on at least one day in the relevant week. 5 If the Department is satisfied that a person making a claim under paragraph (3) is entitled to a payment under any of regulations 2 to 5, the Department shall make the payment. 6 The provisions of Chapter II of Part II of the Social Security (Northern Ireland) Order 1998 (Social Security Decisions and Appeals) shall apply to a decision of the Department about a person’s entitlement to a payment under regulations 2 to 5 (whether or not following a claim) as they apply to a decision of the Department under Article 9 of that Order. Payment to be disregarded for social security 8 No account shall be taken of entitlement to a payment under any of regulations 2 to 5 in considering a person’s entitlement to benefit under a statutory provision relating to social security (irrespective of the name or nature of the benefit). Application of section 69 of the Social Security Administration Act 9 Section 69 of the Social Security Administration (Northern Ireland) Act 1992 (overpayments – general) and regulations made under it shall apply in respect of any payment made under these Regulations as they apply to the benefits specified in subsection (11) of that section. Sealed with the Official Seal of the Department for Social Development on 10th August 2005. John O'Neill A senior officer of the Department for Social Development