The State Pension Credit Regulations 2002

Changes over time for: Section 6

Version Superseded: 11/04/2005

Status:

Point in time view as at 04/04/2005. This version of this provision has been superseded.

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The State Pension Credit Regulations 2002, Section 6 is up to date with all changes known to be in force on or before 27 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Amount of the guarantee credit

6.—(1) Except as provided in the following provisions of these Regulations, the standard minimum guarantee is—

(a)[F1£160.95] per week in the case of a claimant who has a partner;

(b)[F2£105.45] per week in the case of a claimant who has no partner.

(2) Paragraph (3) applies in the case of—

(a)prisoners; and

(b)members of religious orders who are fully maintained by their order.

(3) In a case to which this paragraph applies—

(a)section 2(3) has effect with the substitution for the reference to the standard minimum guarantee in section 2(3)(a) of a reference to a nil amount; and

(b)except in the case of a person who is a remand prisoner, nil is the prescribed additional amount for the purposes of section 2(3)(b).

(4) Except in a case to which paragraph (3) applies, an amount additional to that prescribed in paragraph (1) shall be applicable under paragraph (5) if the claimant is treated as being a severely disabled person in accordance with paragraph 1 of Part I of Schedule I.

(5) The additional amount applicable is—

(a)except where paragraph (b) applies, [F3£44.15] per week if paragraph 1(1)(a), (b) or (c) of Part I of Schedule I is satisfied; or

(b)[F4£88.30] per week if paragraph 1(1)(b) of Part I of Schedule I is satisfied otherwise than by virtue of paragraph 1(2)(b) of that Part and no one is entitled to and in receipt of an allowance under section 70 of the 1992 Act in respect of caring for either partner.

(6) Except in a case to which paragraph (3) applies, an amount additional to that prescribed in paragraph (1) shall be applicable—

(a)if paragraph 4 of Part II of Schedule I is satisfied (amount applicable for carers);

(b)in accordance with Part III of Schedule I (amount applicable for former claimants of income support or income-based jobseeker’s allowance); or

(c)except where paragraph (7) applies, in accordance with Schedule II (housing costs).

(7) This paragraph applies in the case of a person who has been detained in custody for more than 52 weeks pending trial or sentence following conviction by a court.

(8) The amount applicable if paragraph 4 of Part II of Schedule I is satisfied is [F5£25.55] per week, and in the case of partners, this amount is applicable in respect of each partner who satisfies that paragraph.

(9) In the case of a remand prisoner paragraph (6) shall apply as if sub-paragraphs (a) and (b) were omitted.

(10) In this regulation, “remand prisoner” means a person who, for a period not exceeding 52 weeks, has been detained in custody on remand pending trial or, as a condition of bail, required to reside in a hostel approved under section 27(1) of the Probation Service Act 1993 M1 or, as the case may be, detained pending sentence upon conviction.

Textual Amendments

F1Sum in reg. 6(1)(a) substituted (12.4.2004) by The Social Security Benefits Up-rating Order 2004 (S.I. 2004/552), arts. 1(2)(c), 26(2)(a)

F2Sum in reg. 6(1)(b) substituted (12.4.2004) by The Social Security Benefits Up-rating Order 2004 (S.I. 2004/552), arts. 1(2)(c), 26(2)(b)

F3Sum in reg. 6(5)(a) substituted (12.4.2004) by The Social Security Benefits Up-rating Order 2004 (S.I. 2004/552), arts. 1(2)(c), 26(2)(c)

F4Sum in reg. 6(5)(b) substituted (12.4.2004) by The Social Security Benefits Up-rating Order 2004 (S.I. 2004/552), arts. 1(2)(c), 26(2)(d)

F5Sum in reg. 6(8) substituted (12.4.2004) by The Social Security Benefits Up-rating Order 2004 (S.I. 2004/552), arts. 1(2)(c), 26(2)(e)

Modifications etc. (not altering text)

C1Reg. 6(1)(a) sum confirmed (7.4.2003) by The Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(c), 25(2)(a)

C2Reg. 6(1)(b) sum confirmed (7.4.2003) by The Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(c), 25(2)(b)

C3Reg. 6(3)(a) modified (7.4.2003) by The Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(c), 25(6), Sch. 16

C4Reg. 6(3)(a) sum maintained (12.4.2004) by The Social Security Benefits Up-rating Order 2004 (S.I. 2004/552), arts. 1(2)(c), 26(6), Sch. 20

C5Reg. 6(3)(b) modified (7.4.2003) by The Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(c), 25(6), Sch. 16