Carer's Allowance Bill

[AS INTRODUCED]

Contents

1. Adjustment of carer's allowance
2. Commencement
3. Short title

A

B I L L

TO

Make provision preventing the adjustment of carer’s allowance by reference to retirement pension.

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

Adjustment of carer's allowance

1.¾ (1) Section 71 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (which makes provision for the adjustment of overlapping benefits) is amended as follows.

(2) In subsection (1), leave out "Regulations" and insert "Subject to subsection (2A) below, regulations".

(3) After subsection (2) insert¾

"(2A) Regulations made under subsection (1) above may not provide for the carer’s allowance payable to any person to be adjusted by reference to any retirement pension payable to or in respect of that person or any such other person as is mentioned in paragraph (b), (c) or (d) of subsection (2) above.".

(4) After subsection (5) insert¾

"(5A) In this section "retirement pension" means¾

(a) such a pension as is described in section 20(1)(f) or section 63(f) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) (retirement pensions); or

(b) such a pension as is described in section 20(1)(f) or section 63(f) of the Social Security Contributions and Benefits Act 1992 (c. 4) (retirement pensions); or

(c) any retirement pension (however called) payable under the legislation of any member State other than the United Kingdom.".

Commencement

2. This Act comes into operation on 1st April 2009.

Short title

3. This Act may be cited as the Carer’s Allowance Act (Northern Ireland) 2008.