The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 2019

Transitional provision: polygamous marriages

7.—(1) Paragraph (3) applies where a party to a polygamous marriage—

(a) is excluded from entitlement to state pension credit under section 4(1A) of the 2002 Act;

(b) is prevented from claiming housing benefit under article 6 of the No. 21 Order or article 7 of the No. 23 Order; or

(c) has an award of housing benefit terminated under article 6.

(2) For the purposes of paragraph (3)—

(a) the rule in regulation 3(4) of the Universal Credit Regulations 2013 (treatment of polygamous couples) applies to establish that two of the parties to the polygamous marriage are to be treated as a couple and the remaining party (or parties) as a single person (or single persons); and

(b) all secondary legislation relevant to assessment of entitlement to state pension credit or housing benefit applies so that claims and awards may be made in respect of the party specified in paragraph 3(a) or (b) as a part of a couple or as a single person respectively.

(3) Where this paragraph applies and the qualifying age for state pension credit has been attained by—

(a) both the parties to be treated as a couple by virtue of paragraph (2)(a), one of them may claim or remain entitled to state pension credit as part of that couple and one of them may claim or remain entitled to housing benefit as part of that couple;

(b) a party to be treated as a single person by virtue of paragraph (2)(a), that party may claim or remain entitled to state pension credit or housing benefit as a single person.