http://www.legislation.gov.uk/uksi/2002/1792/schedule/I/part/I/2003-05-21The State Pension Credit Regulations 2002texttext/xmlenStatute Law DatabaseSOCIAL SECURITY2025-01-30Expert Participation2003-05-21 The Regulations contained in this Instrument are made either by virtue of, or in consequence of, provisions in the State Pension Credit Act 2002 (c.16) (“the 2002 Act”). This Instrument is made before the expiry of the period of 6 months beginning with the coming into force of those provisions; the regulations in it are therefore exempt in accordance with section 173(5) of the Social Security Administration Act 1992 from the requirement in section 172(2) of that Act to refer proposals to make Regulations to the Social Security Advisory Committee and are made without reference to that Committee. The State Pension Credit Regulations 2002Sch. 2 para. 14(8)(be)The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025reg. 5(3)reg. 1(2) The State Pension Credit Regulations 2002 SCHEDULE I PART I 11For the purposes of regulation 6(4) (additional amounts for persons severely disabled), the claimant is to be treated as being severely disabled if, and only if—ain the case of a claimant who has no partner—ihe is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act; andiino person who has attained the age of 18 is normally residing with the claimant, nor is the claimant normally residing with such a person, other than a person to whom paragraph 2 applies; andiiino person is entitled to and in receipt of an allowance under section 70 of the 1992 Act (invalid care allowance) in respect of caring for him;bin the case of a claimant who has a partner—iboth partners are in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act; andiino person who has attained the age of 18 is normally residing with the partners, nor are the partners normally residing with such a person, other than a person to whom paragraph 2 applies;and either a person is entitled to, and in receipt of, an allowance under section 70 of the 1992 Act in respect of caring for one only of the partners or, as the case may be, no person is entitled to, and in receipt of, such an allowance in respect of caring for either partner;cin the case of a claimant who has a partner and to whom head (b) does not apply—ieither the claimant or his partner is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act; andiithe other partner is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a regional or islands council; andiiino person who has attained the age of 18 is normally residing with the partners, nor are the partners normally residing with such a person, other than a person to whom paragraph 2 applies; andivno person is entitled to and in receipt of an allowance under section 70 of the 1992 Act respect of caring for the person to whom head (c) (i) above applies.2A person shall be treated—afor the purposes of sub-paragraph (1) as being in receipt of attendance allowance or, as the case may be, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act, for any period—ibefore an award is made but in respect of which the allowance is awarded; oriinot covered by an award but in respect of which a payment is made in lieu of an award;bfor the purposes of sub-paragraph (1)(b) as being in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance section 37ZB(3) of the 1992 Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;cfor the purposes of sub-paragraph (1), as not being in receipt of an allowance under section 70 of the 1992 Act for any period before the date on which the award is made.3For the purposes of sub-paragraph (1)(c)(ii), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the requirements set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.21For the purposes of paragraph 1(1)(a)(ii), (b)(ii) and (c)(iii), this paragraph applies to the persons specified in the following sub-paragraphs.2A person who—ais in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act;bis registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a regional or islands council;cis no longer registered as blind in accordance with head (b) but was so registered not more than 28 weeks earlier;dlives with the claimant in order to care for him or his partner and is engaged by a charitable or voluntary organisation which makes a charge to the claimant or his partner for the services provided by that person;eis a partner of a person to whom head (d) above applies; orfis a person who is treated as a child for the purposes of Part IX of the 1992 Act .3Subject to sub-paragraph (4), a person who joins the claimant’s household for the first time in order to care for the claimant or his partner and immediately before he joined the household, the claimant or his partner was treated as being severely disabled.4Sub-paragraph (3) applies only for the first 12 weeks following the date on which the person first joins the claimant’s household.5A person who is not a close relative of the claimant or his partner and—awho is liable to make payments on a commercial basis to the claimant or his partner in respect of his occupation of the dwelling;bto whom the claimant or his partner is liable to make payments on a commercial basis in respect of his occupation of that person’s dwelling; orcwho is a member of the household of a person to whom head (a) or (b) applies.6Subject to paragraph 3(3), a person who jointly occupies the claimant’s dwelling and who is either—aco-owner of that dwelling with the claimant or the claimant’s partners (whether or not there are other co-owners); orbjointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of his occupation of that dwelling.7Subject to paragraph 3(3), a person who is a partner of a person to whom sub-paragraph (6) applies.31For the purposes of paragraphs 1 and 2, a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area, but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord.2In sub-paragraph (1), “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.3Paragraph 2(6) and (7) applies to a person who is a close relative of the claimant or his partner only if the claimant or his partner’s co-ownership, or joint liability to make payments to a landlord in respect of his occupation, of the dwelling arose either before 11th April 1988, or, if later, on or before the date upon which the claimant or the claimant’s partner first occupied the dwelling in question.1948 c. 29. See section 142(1) of the 1992 Act.