- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (03/04/2017)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 23/06/2017
Point in time view as at 03/04/2017. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The State Pension Credit Regulations 2002, Paragraph 1.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1.—(1) Subject to the following provisions of this Schedule, the housing costs applicable to a claimant in accordance with regulation 6(6)(c) are those costs—
(a)which the claimant or, if he has a partner, his partner is, in accordance with paragraph 3, liable to meet in respect of the dwelling occupied as the home which he or his partner is treated as occupying; and
(b)which qualify under paragraphs 11 to 13.
(2) In this Schedule—
(a)“disabled person” means a person—
(i)aged 75 or over;
(ii)who, had he in fact been entitled to income support, would have satisfied the requirements of paragraph 12 of Schedule 2 to the Income Support Regulations (additional condition for the Higher Pensioner and Disability Premiums); or
(iii)who—
(aa)has not attained the age of [F120] and for whom the claimant or his partner is responsible; [F2and]
(bb)is a person in respect of whom disability living allowance is payable or would be payable but for [F3suspension or abatement because the person becomes a patient]; [F4or]
(cc)[F5is certified as severely sight impaired or blind by a consultant ophthalmologist or who is within 28 weeks of ceasing to be so certified;] [F6or
(dd)is in receipt of an employment and support allowance which includes an amount under section 2(2) [F7or 4(4) of the Welfare Reform Act “(component) or is a member of the work-related activity group or they would have been a member of the work-related activity group][F8, but for the application of section 1A of that Act (duration of contributory allowance)]][F9 or
(ee)is a person in respect of whom personal independence payment is payable or would be payable but for regulations under section 86(1) (hospital in-patients) of the 2012 Act] [F10or is a person in respect of whom armed forces independence payment is payable][F11; or
(ff)is entitled to an award of universal credit [F12and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 of the Universal Credit Regulations 2013;]]
(b)“housing costs” means those costs to which sub-paragraph (1) refers;
(c)“standard rate” means the rate for the time being [F13determined in accordance with] paragraph 9.
(3) For the purposes of sub-paragraph (2)(a), a person shall not cease to be a disabled person on account of his being disqualified for receiving benefit or treated as capable of work by virtue of the operation of section 171E of the 1992 Act M1 (incapacity for work, disqualification etc.) [F14or disqualified for receiving employment and support allowance or treated as not having limited capability for work in accordance with regulations made under section 18 of the Welfare Reform Act (disqualification)].
(4) In this Schedule, “non-dependant” means any person, except someone to whom sub-paragraph (5), (6) or (7) applies, who normally resides with the claimant.
(5) This sub-paragraph applies to—
(a)a partner of the claimant or any person under the age of [F1520] for whom the claimant or the claimant’s partner is responsible;
(b)a person who lives with the claimant in order to care for him or for the claimant’s partner and who is engaged for that purpose by a charitable or voluntary organisation which makes a charge to the claimant or the claimant’s partner for the care provided by that person;
(c)the partner of a person to whom head (b) above applies.
(6) This sub-paragraph applies to a person, other than a close relative of the claimant or the claimant’s partner,—
(a)who is liable to make payments on a commercial basis to the claimant or the claimant’s partner in respect of his occupation of the claimant’s dwelling; [F16or]
F17(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)who is a member of the household of a person to whom head (a) F18... above applies.
(7) This sub-paragraph applies to—
(a)a person who jointly occupies the claimant’s dwelling and who is either—
(i)co-owner of that dwelling with the claimant or the claimant’s partners (whether or not there are other co-owners); or
(ii)jointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of his occupation of that dwelling;
(b)a partner of a person to whom head (a) above applies.
(8) For the purpose of sub-paragraphs (4) to (7) 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.
(9) In sub-paragraph (8), “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.
Textual Amendments
F1Word in Sch. II para. 1(2)(a)(iii) (aa) substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 6(4)(a)
F2Word in Sch. II para. 1(2)(a) inserted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), reg. 1(1)(b), Sch. para. 9(a)(i)
F3Words in Sch. II para. 1(2)(a)(iii) (bb) substituted (10.4.2006) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(a), 8(4)(a)
F4Word in Sch. II para. 1(2)(a) inserted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), reg. 1(1)(b), Sch. para. 9(a)(ii)
F5Sch. II para. 1(2)(a)(iii)(cc) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(4)(b)(i)
F6Sch. II para. 1(2)(a)(iii), (dd) and word added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 4(8)(a)(i)
F7Words in Sch. II para. 1(2)(a)(iii)(dd) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 5(3)(a) (with Sch. 2 paras. 1-7)
F8Words in Sch. II para. 1(2)(a)(iii)(dd) inserted (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 6
F9Sch. II para. 1(2)(a)(iii)(ee) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 27(5)(a)
F10Words in Sch. II para. 1(2)(a)(iii)(ee) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 23(5)(a)
F11Sch. II para. 1(2)(a)(iii)(ff) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 33(6)(a)
F12Words in Sch. II para. 1(2)(a)(iii)(ff) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 14
F13Words in Sch. II para. 1(2) substituted (28.11.2004) by The Social Security (Housing Costs Amendments) Regulations 2004 (S.I. 2004/2825), regs. 1(2)(a), 2(2)
F14Words in Sch. II para. 1(3) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 4(8)(a)(ii)
F15Word in Sch. II para. 1(5)(a) substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 6(4)(b)
F16Word in Sch. II para. 1(6)(a) inserted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), reg. 1(1)(b), Sch. para. 9(b)(i)
F17Sch. II para. 1(6)(b) omitted (6.10.2003) by virtue of The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), reg. 1(1)(b), Sch. para. 9(b)(ii)
F18Words in Sch. II para. 1(6)(c) omitted (6.10.2003) by virtue of The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), reg. 1(1)(b), Sch. para. 9(b)(iii)
Marginal Citations
M1Section 171E was inserted by section 6 of the Social Security (Incapacity for Work) Act 1994 (c. 18).
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys