The State Pension Credit Regulations 2002

Amount of the guarantee credit

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

(a) [F1 £248.80] per week in the case of a claimant who has a partner;

(b) [F2 £163.00] 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 £64.30] per week if paragraph 1(1)(a), (b) or (c) of Part I of Schedule I is satisfied; or

(b) [F4 £128.60] 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[F5 , or has an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 2013,] 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 [F6 £36.00] 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

F1 Sum in Reg. 6(1)(a) substituted (coming into force in accordance with of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(j), 26(2)(a)

F2 Sum in Reg. 6(1)(b) substituted (coming into force in accordance with of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(j), 26(2)(b)

F3 Sum in Reg. 6(5)(a) substituted (coming into force in accordance with of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(j), 26(2)(c)

F4 Sum in Reg. 6(5)(b) substituted (coming into force in accordance with of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(j), 26(2)(d)

F5 Words in reg. 6(5)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 16(2)

F6 Sum in Reg. 6(8) substituted (coming into force in accordance with of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(j), 26(2)(e)

Modifications etc. (not altering text)

C1 Reg. 6(3)(a) sum maintained (coming into force in accordance with art. 1(2)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(l), 25(1)(6), Sch. 13

C2 Reg. 6(3)(b) sum maintained (coming into force in accordance with art. 1(2)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(l), 25(1)(6), Sch. 13

Marginal Citations

M1 1993 c. 47.