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“unmarried couple” means a man and a woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;

“war disablement pension” means—

(a)

any retired pay, pension or allowance granted in respect of disablement under powers conferred by or under—

(i)

the Air Force (Constitution) Act 1917 (c. 51);

(ii)

the Personal Injuries (Emergency Provisions) Act 1939 (c. 82);

(iii)

the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 (c. 83);

(iv)

the Polish Resettlement Act 1947 (c. 19); or

(v)

Part VII or section 151 of the Reserve Forces Act 1980 (c. 9); or

(b)

without prejudice to paragraph (a), any retired pay or pension to which subsection (1) of section 315 of the Income and Corporation Taxes Act 1988 (c. 1) applies;

“war widow’s or widower’s pension” means—

(a)

any widow’s or widower’s pension or allowance granted in respect of a death due to service or war injury and payable by virtue of any enactment mentioned in paragraph (a) of the definition of “war disablement pension”; or

(b)

a pension or allowance for a widow or widower granted under any scheme mentioned in section 315(2)(e) of the Income and Corporation Taxes Act 1988;

“working tax credit” means a working tax credit under the Tax Credits Act 2002 (c. 21) to which a person is entitled whether alone or jointly with another.

(2) Regulations may make provision for the purposes of this Act—

(a) as to circumstances in which persons are to be treated as being or not being members of the same household;

(b) as to circumstances in which persons are to be treated as being or not being severely disabled.

(3) The following provisions of the Contributions and Benefits Act, namely—

(a) section 168 (references to Northern Ireland or United Kingdom to include reference to adjacent territorial waters, etc.), and

(b) section 169 (meaning of attaining an age, etc.),

shall apply for the purposes of this Act as they apply for the purposes of that Act.

Effect of guaranteed minimum pension on social security benefits

Equal treatment for widows and widowers

18.  In section 43(1) of the Pension Schemes Act (further provisions concerning entitlement to guaranteed minimum pensions for the purposes of section 42)—

(a) after “an earner” insert “in any case where he is entitled to a benefit other than a widowed parent’s allowance”;

(b) for paragraph (a) substitute—

(a) he is also entitled to a Category B retirement pension by virtue of the earner’s contributions (or would be so entitled but for section 43(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992); or; and

(c) in paragraph (b), for “section 41(7) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” substitute “section 41(5) of that Act”.

Final provisions

Regulations and orders

19.—(1) Where any power under this Act to make regulations or an order is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(2) Any such power includes power—

(a) to make such incidental, supplemental, consequential or transitional provision as appears to the authority making the regulations or order to be expedient; and

(b) to provide for a person to exercise a discretion in dealing with any matter.

(3) Any power to make regulations or an order for the purposes of any provision of this Act is without prejudice to any power to make regulations or an order for the purposes of any other provision.

(4) Regulations containing (whether alone or with other provisions) the first regulations under—

(a) section 2(3)(b), (4) or (6);

(b) section 3(4), (5), (6), (7) or (8);

(c) section 4(3);

(d) section 12; or

(e) section 15(1)(e), (f) or (j), (2), (3), (4) or (6),

shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.

(5) Regulations made under this Act, other than the regulations specified in subsection (4), shall be subject to negative resolution.

Repeals

20.  The statutory provisions mentioned in Schedule 3 are hereby repealed to the extent specified in the second column of that Schedule.

Short title and commencement

21.—(1) This Act may be cited as the State Pension Credit Act (Northern Ireland) 2002.

(2) This Act (except section 19 and this section) shall come into operation on such day or days as the Department may by order appoint.

(3) Any order under this section may make such transitional provision as appears to the Department to be necessary or expedient in connection with the provisions brought into operation by the order.