The State Pension Credit Regulations 2002

Status:

Point in time view as at 27/10/2023. This version of this provision has been superseded.

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There are currently no known outstanding effects for the The State Pension Credit Regulations 2002, Paragraph 1.

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Polygamous marriages

1.—(1) The provisions of this paragraph apply in any case to which section 12 (polygamous marriages) applies if the claimant is taken to be “the person in question” for the purposes of that section.

(2) The following provision shall apply instead of section 3(1)—

“(1) The first condition is that, if the claimant is taken F1... to be “the person in question” for the purposes of section 12 (polygamous marriages),—

(a)the case is one to which that section applies; and

(b)any one or more of the persons falling within subsection (1)(c) of that section [F2has attained pensionable age before 6 April 2016 and] has attained the age of 65 [F3(before, on or after that date)].”.

(3) The following provision shall apply instead of section 4(1)—

“(1) A claimant is not entitled to state pension credit if, taking the claimant to be “the person in question” for the purposes of section 12 (polygamous marriages),—

(a)the case is one to which that section applies; and

(b)any one or more of the other persons falling within subsection (1)(c) of that section is entitled to state pension credit.”.

(4) The following provision shall apply instead of section 5—

Income and capital of claimant, spouses etc.

(1) This section applies in any case to which section 12 (polygamous marriages) applies if the claimant is taken to be “the person in question” for the purposes of that section.

(2) In any such case, the income and capital of each of the other persons falling within subsection (1)(c) of that section shall be treated for the purposes of this Act as income and capital of the claimant, except where regulations provide otherwise.”.

(5) In regulation 6 (amount of the guarantee credit), for paragraph (1) there shall be substituted—

“(1) Except as provided in the following provisions of these Regulations, in a case to which section 12 (polygamous marriages) applies if the claimant is taken to be “the person in question” for the purposes of that section the standard minimum guarantee is the sum of—

(a)[F4£306.85] per week in respect of the claimant and any one spouse of the claimant’s; and

(b)[F4£105.80] per week in respect of for each additional spouse (whether of the claimant or that spouse) who falls within section 12 (1)(c).”.

(6) The maximum savings credit shall be determined on the assumption that the standard minimum guarantee is the amount prescribed for partners under regulation 6(1)(a).

(7) In regulation 7 (savings credit) for paragraph (2) there shall be substituted—

“(2) In any case to which section 12 (polygamous marriages) [F5applies,] if the claimant is taken to be “the person in question” for the purposes of that section, the amount prescribed for the savings credit threshold is [F6£277.12].”.

[F7(7A) The following provision shall apply instead of regulation 7A (limitation of savings credit for certain mixed-age couples)—

“7A.—(1) This regulation applies if, taking the claimant to be the person in question for the purposes of section 12 (polygamous marriages),—

(a)the case is one to which that section applies; and

(b)at least one of the persons falling within subsection (1)(c) of that section had attained pensionable age before 6 April 2016 and at least one of those persons had not.

(2) Where this regulation applies, the claimant is not entitled to a savings credit unless the claimant—

(a)has been awarded a savings credit with effect from a day before 6 April 2016 and was entitled to a savings credit immediately before that date; and

(b)remained entitled to a savings credit at all times since the beginning of 6 April 2016.”.]

(8) In regulations [F83,] F9...5, [F106(8),] 10,12 and 14 and in paragraph [F116(5)(b)(v)] of Schedule 1 and in Schedule 2, any reference to a partner includes also a reference to any additional spouse to whom this paragraph applies.

(9) For the purposes of regulation 6(5)(a) and (b), paragraph 1(1)(b)(i) of Part I of Schedule I is satisfied only if both partners and each additional spouse to whom this paragraph applies are in receipt of attendance allowance [F12, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act [F13,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F14, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022] [F15or armed forces independence payment].

(10) For the purposes of regulation 6(5)(a), paragraph 1(1)(c) of Part I of Schedule 1 is only satisfied if—

(a)both partners and each additional spouse to whom this paragraph applies all fall within either paragraph 1(1)(c)(i) or paragraph 1(1)(c)(ii); and

(b)at least one of them falls within paragraph 1(1)(c)(i); and

(c)at least one of them falls within paragraph 1(1)(c)(ii) but not paragraph 1(1)(c)(i); and

(d)either paragraph 1(1)(c)(iv) is satisfied or a person is entitled to and in receipt of an allowance under section 70 of the 1992 Act in respect of caring for one or more, but not all, the persons who fall within paragraph 1(1)(c)(i).

(11) Any reference in this paragraph to an additional spouse to whom this paragraph applies is a reference to any person who is an additional spouse (whether of the claimant’s or of a spouse of the claimant’s) falling within subsection (1)(c) of section 12 if the claimant is taken to be “the person in question” for the purposes of that section.

Textual Amendments

F1Words in Sch. 3 para. 1(2) omitted (6.10.2003) by virtue of The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 23(m)(i)(aa)

F2Words in Sch. 3 para. 1(2) inserted (21.12.2017) by The Social Security (Miscellaneous Amendments No. 5) Regulations 2017 (S.I. 2017/1187), regs. 1(2)(a), 5(3)(a)(i)

F3Words in Sch. 3 para. 1(2) inserted (21.12.2017) by The Social Security (Miscellaneous Amendments No. 5) Regulations 2017 (S.I. 2017/1187), regs. 1(2)(a), 5(3)(a)(ii)

F4Sums in Sch. 3 para. 1(5) substituted (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(m), 30(7)(a)

F5Word in Sch. 3 para. 1(7) 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. 10(a)

F6Sum in Sch. 3 para. 1(7) substituted (coming into force in accordance with art. 1(3)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(m), 30(7)(b)

F7Sch. 3 para. 1(7A) inserted (21.12.2017) by The Social Security (Miscellaneous Amendments No. 5) Regulations 2017 (S.I. 2017/1187), regs. 1(2)(a), 5(3)(b)

F8Word in Sch. 3 para. 1(8) inserted (28.7.2016) by The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016 (S.I. 2016/624), regs. 1, 4(8) (with reg. 5(3))

F9Word in Sch. 3 para. 1(8) omitted (6.10.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.4) Regulations 2008 (S.I. 2008/2424), regs. 1, 3(5)

F10Words in Sch. 3 para. 1(8) inserted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 23(m)(i)(bb)

F11Word in Sch. 3 para. 1(8) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(10)