The Social Security (Miscellaneous Amendments No. 5) Regulations 2017

Amendment of the State Pension Credit Regulations 2002

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

(2) In paragraph 14(7) of Schedule II (non-dependant deductions, persons residing with the claimant)(2)—

(a) in sub-paragraph (c), omit the words beginning with “during a period of study” to the end;

(b) omit sub-paragraph (cc).

(3) In paragraph 1 of Schedule III (amendment in respect of entitlement for polygamous marriages)(3)—

(a) in sub-paragraph (2), in subsection (1)(b) of the provision that applies instead of section 3(1)—

(i) after “of that section”, insert “has attained pensionable age before 6 April 2016 and”; and

(ii) after “age of 65”, insert “(before, on or after that date)”;

(b) after sub-paragraph (7) insert—

“(7A) The following provision shall apply instead of regulation 7A (limitation of savings credit for certain mixed-age couples)—

“7A.— (1) This regulation applies if, taking the claimant to be the person in question for the purposes of section 12 (polygamous marriages),—

(a) the case is one to which that section applies; and

(b) at least one of the persons falling within subsection (1)(c) of that section had attained pensionable age before 6 April 2016 and at least one of those persons had not.

(2) Where this regulation applies, the claimant is not entitled to a savings credit unless the claimant—

(a) has been awarded a savings credit with effect from a day before 6 April 2016 and was entitled to a savings credit immediately before that date; and

(b) remained entitled to a savings credit at all times since the beginning of 6 April 2016.”.”.

(4) In paragraph 10(b) of Schedule IV (amounts to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling), after “the age of 65” insert “or, if it was higher at that time, pensionable age”.

(1)

S.I. 2002/1792.

(2)

Relevant amending instrument is S.I. 2002/3197.

(3)

Relevant amending instrument is S.I. 2002/3019.