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The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013

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Amendments to the State Pension Credit Regulations 2002

This section has no associated Explanatory Memorandum

10.—(1) The State Pension Credit Regulations 2002(1) are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a)in the definition of “attendance allowance” omit paragraphs (c) and (d); and

(b)in the definition of “enactment” after “Parliament” insert “or the National Assembly for Wales”.

(3) In regulation 2(4) (persons not in Great Britain)—

(a)for sub-paragraph (h) substitute—

(h)a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 (where that leave is—

(i)discretionary leave to enter or remain in the United Kingdom;

(ii)leave to remain under the Destitution Domestic Violence concession(2); or

(iii)leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005(3);;

(b)at the end of sub-paragraph (hh) add “or”; and

(c)omit sub-paragraph (j) and (k).

(4) In paragraph 20A(2)(j) of Part 1 of Schedule 5 (capital disregarded for the purpose of calculating income), for “paragraph 17” substitute “paragraph 18”.

(5) In paragraph 2(2) of Schedule 6 (sums disregarded from claimant’s earnings)—

(a)omit paragraph (a);

(b)omit paragraph (aa);

(c)omit paragraph (ab); and

(d)before paragraph (b) insert—

(a)a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005;.

(1)

S.I. 2002/1792; relevant amending instruments are S.I. 2002/3197, 2003/2274, 2004/3168, 2005/2929 and 2060, 2006/1026 and 2528, 2008/3157, 2009/362 and 2655 and 2013/630. Paragraph 2 of Schedule 6 to the Regulations is also modified by S.I. 2013/602.

(2)

The Destitution Domestic Violence concession is published by the Home Office at: http://www.ukba.homeoffice.gov.uk/.

(3)

S.I. 2005/1379, amended by S.I. 2013/630; there are other amending instruments but none is relevant.

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