The Social Security (Miscellaneous Amendments) (No.4) Regulations 2008

Amendment of the State Pension Credit Regulations 2002

3.—(1) The State Pension Credit Regulations 2002(1) shall be amended as follows.

(2) For regulation 3 (persons temporarily absent from Great Britain) substitute—

“Persons temporarily absent from Great Britain

3.   A claimant’s entitlement to state pension credit during periods of temporary absence from Great Britain is to continue for up to 13 weeks if—

(a) the period of the claimant’s absence from Great Britain is unlikely to exceed 52 weeks; and

(b) while absent from Great Britain the claimant continues to satisfy the other conditions of entitlement to state pension credit.”.

(3) After regulation 3 insert—

“Persons temporarily absent from Great Britain on 6th October 2008

3A.   Where a claimant—

(a) is already temporarily absent from Great Britain on 6th October 2008;

(b) had a continuing entitlement to state pension credit immediately before that day; and

(c) while absent from Great Britain, continues to satisfy the other conditions of entitlement to state pension credit,

the claimant’s entitlement to state pension credit is to continue during that period of absence from Great Britain for up to 13 weeks.”.

(4) In regulation 5 (persons treated as being or not being members of the same household)—

(a) for paragraph (1)(f) substitute—

“(f) he is absent from Great Britain for more than 13 weeks;”; and

(b) omit paragraph (3).

(5) In paragraph 1(8) of Schedule III (special groups: polygamous marriages) after “regulations” omit “3”.

(1)

S.I. 2002/1792. Regulation 3 was amended by S.I. 2003/2274 and 2006/718 and regulation 5(1)(f) was amended by S.I. 2003/2274.