Part 5Payment of crisis payments

Part 5—Payment of crisis payments

20 Amount of crisis payment

The amount of a crisis payment payable to a person is the amount worked out using the following formula:

start formula start fraction Maximum basic rate plus Pension supplement plus Additional supplement over 52 end fraction end formula

where:

Additional supplement is either:

(a) the energy supplement added to the person’s maximum basic rate of service pension under Module BB of the Rate Calculator; or

(b) if paragraph (a) does not apply to the person—an amount that is equivalent to the amount that would have been added to the person’s maximum basic rate of pension entitlement under paragraph (a) if the person’s pension entitlement had been a service pension.

Maximum basic rate is the rate of the person’s pension entitlement, worked out in accordance with Module B of the Rate Calculator.

Pension supplement is the supplement for the person’s maximum basic rate, worked out in accordance with Module BA of the Rate Calculator.

Note 1 A person to whom a crisis payment is payable may request the Commission to approve paying the payment to another person specified in the request (see the Act, section 122).

Note 2 The Commission may direct the whole or a part of a crisis payment be paid to the credit of a bank account maintained by the person to whom the payment is payable, whether alone, jointly or in common with another person (see the Act, section 122A).

Note 3 A person may request the Commission to deduct certain payments from an instalment of a crisis payment (see the Act, section 122B).

21 Effect of garnishee or similar order

A garnishee order or similar order does not apply to the amount of a crisis payment in an account kept with a financial institution if:

(a) the crisis payment was paid to the credit of the account in the 4 weeks before the order came into force; and

(b) the crisis payment was payable to the person whose account it is (whether on the person’s own behalf or not).

22 Crisis payments not payable in lawful custody

A crisis payment is not payable to a person on a day on which the person is in lawful custody.