Chwilio Deddfwriaeth

Chwiliad Uwch

The State Pension Credit Regulations 2002

Status:

Point in time view as at 22/03/2022. This version of this provision has been superseded. Help about Status

Close

Status

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.

Changes to legislation:

The State Pension Credit Regulations 2002, Paragraph 14 is up to date with all changes known to be in force on or before 20 October 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. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Persons residing with the claimant

14.—(1) Subject to the following provisions of this paragraph, the following deductions from the amount to be met under the preceding paragraphs of this Schedule in respect of housing costs shall be made—

(a)in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, [F1£102.85;]

(b)in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, [F2£15.95.]

(2) In the case of a non-dependant aged 18 or over to whom sub-paragraph [F3(1)(a)] applies because he is in remunerative work, where the claimant satisfies the Secretary of State that the non-dependant’s gross weekly income is—

(a)less than [F4£149.00] the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph [F5(1)(b)];

(b)not less than [F6£149.00] but less than [F7£217.00], the deduction to be made under this paragraph shall be [F8£36.65;]

(c)not less than [F9£217.00] but less than [F10£283.00], the deduction to be made under this paragraph shall be [F11£50.30;]

(d)not less than [F12£283.00] but less than [F13£377.00], the deduction to be made under this paragraph shall be [F14£82.30;]

(e)not less than [F15£377.00] but less than [F16£469.00], the deduction to be made under this paragraph shall be [F17£93.70.]

[F18(2A) Where a non-dependant deduction is being made under the Loans for Mortgage Interest Regulations 2017, the amount of the deduction under sub-paragraph (1) or (2) is to be reduced by an amount equal to that non-dependant deduction.]

(3) Only one deduction shall be made under this paragraph in respect of partners and where, but for this sub-paragraph, the amount that would fall to be deducted in respect of one partner is higher than the amount (if any) that would fall to be deducted in respect of the other partner, the higher amount shall be deducted.

(4) In applying the provisions of sub-paragraph (2) in the case of partners, only one deduction shall be made in respect of the partners based on the partners’ joint weekly income.

(5) Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are partners), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the housing costs in respect of the dwelling occupied as the home payable by each of them.

(6) No deduction shall be made in respect of any non-dependants occupying the dwelling occupied as the home of the claimant, if the claimant or any partner of his is—

[F19(a)certified as severely sight impaired or blind by a consultant ophthalmologist, or who is within 28 weeks of ceasing to be so certified; or]

(b)receiving in respect of himself either—

(i)an attendance allowance; F20...

(ii)the care component of the disability living allowance[F21; F22...

(iii)the daily living component of personal independence payment] F23...

[F24(iiia)the daily living component of adult disability payment; or]

[F25(iv)armed forces independence payment.]

(7) No deduction shall be made in respect of a non-dependant—

(a)if, although he resides with the claimant, it appears to the Secretary of State that the dwelling occupied as his home is normally elsewhere; or

(b)if he is in receipt of a training allowance paid in connection with [F26youth training] under section 2 of the Employment and Training Act 1973 M1 or section 2 of the Enterprise and New Towns (Scotland) Act 1990M2; or

(c)if he is a full-time student F27...; or

F28(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)if he is aged under 25 and in receipt of income support or an income-based jobseeker’s allowance; or

[F29(dd)in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 55 (non-dependant deductions) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; or]

(e)if he is not residing with the claimant because he has been [F30an in-patient residing in a hospital or similar institution] for a period in excess of [F3152] weeks, or is a prisoner; and in calculating any period of [F3152] weeks, any 2 or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period; [F32or]

[F33(f)if he is in receipt of state pension credit.]

[F34(g)if he is aged less than 25 and is in receipt of [F35income-related] employment and support allowance which does not include an amount under section F36... 4(4) F37... of the Welfare Reform Act [F38(component) or is not a member of the work-related activity group]] [F39; or

(h)if he is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that he does not have any earned income]

(8) In the case of a non-dependant to whom sub-paragraph (1) applies because he is in remunerative work, there shall be disregarded from his gross income—

[F40(a)any attendance allowance, disability living allowance, armed forces independence payment, personal independence payment or adult disability payment received by him;]

(b)any payment from the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts”), the Fund, the Eileen Trust[F41, MFET Limited][F42, the Skipton Fund, the Caxton Foundation][F43, the Scottish Infected Blood Support Scheme][F44, an approved blood scheme][F45, the London Emergencies Trust, the We Love Manchester Emergency Fund][F46, the National Emergencies Trust] or the Independent Living [F47Fund (2006)]; and

[F48(ba)any Grenfell Tower payment;]

[F49(bb)any child abuse payment;

(bc)any Windrush payment;]

(c)any payment in kind.

[F50(d)any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.]

[F51(9) For the purposes of sub-paragraph (7)(h), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.]

Textual Amendments

F1Sum in Sch. 2 para. 14(1)(a) substituted (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 30(5)(a)

F2Sum in Sch. 2 para. 14(1)(b) substituted (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 30(5)(b)

F4Sum in Sch. 2 para. 14(2)(a) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), art. 30(5)(c)

F6Sum in Sch. 2 para. 14(2)(b) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), art. 30(5)(d)(ii)

F7Sum in Sch. 2 para. 14(2)(b) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), art. 30(5)(d)(iii)

F8Sum in Sch. 2 para. 14(2)(b) substituted (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 30(5)(d)(i)

F9Sum in Sch. 2 para. 14(2)(c) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), art. 30(5)(e)(ii)

F10Sum in Sch. 2 para. 14(2)(c) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), art. 30(5)(e)(iii)

F11Sum in Sch. 2 para. 14(2)(c) substituted (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 30(5)(e)(i)

F12Sum in Sch. 2 para. 14(2)(d) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), art. 30(5)(f)(ii)

F13Sum in Sch. 2 para. 14(2)(d) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), art. 30(5)(f)(iii)

F14Sum in Sch. 2 para. 14(2)(d) substituted (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 30(5)(f)(i)

F15Sum in Sch. 2 para. 14(2)(e) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), art. 30(5)(g)(ii)

F16Sum in Sch. 2 para. 14(2)(e) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), art. 30(5)(g)(iii)

F17Sum in Sch. 2 para. 14(2)(e) substituted (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 30(5)(g)(i)

F18Sch. 2 para. 14(2A) inserted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 4(e)

F19Sch. 2 para. 14(6)(a) 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)(ii)

F30Words in Sch. 2 para. 14(7)(e) sum substituted (10.4.2006) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(a), 8(4)(b)

F36Words in Sch. 2 para. 14(7)(g) omitted by SI 2008/1554 reg. 4(8)(e) (as amended) (27.10.2008) by virtue of The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 41(4)

Modifications etc. (not altering text)

C1Sch. 2 para. 14(2)(a): sum maintained (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 30(5)(c)

C2Sch. 2 para. 14(2)(b): sum maintained (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 30(5)(d)(iii)

C3Sch. 2 para. 14(2)(b): sum maintained (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 30(5)(d)(ii)

C4Sch. 2 para. 14(2)(c): sum maintained (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 30(5)(e)(ii)

C5Sch. 2 para. 14(2)(c): sum maintained (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 30(5)(e)(iii)

C6Sch. 2 para. 14(2)(d): sum maintained (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 30(5)(f)(iii)

C7Sch. 2 para. 14(2)(d): sum maintained (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 30(5)(f)(ii)

C8Sch. 2 para. 14(2)(e): sum maintained (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 30(5)(g)(iii)

C9Sch. 2 para. 14(2)(e): sum maintained (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 30(5)(g)(ii)

Marginal Citations

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

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.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

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.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

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:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

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.

Close

Rhagor o Adnoddau

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:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill