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The Care and Support (Financial Assessment) (Wales) Regulations 2015

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This is the original version (as it was originally made).

40.—(1) Where A is in receipt of savings credit as a person who has no partner and has qualifying income not exceeding the standard minimum guarantee—

(a)the amount of that savings credit where the amount received is £5.75 or less; or

(b)£5.75 of that savings credit where the amount received is greater than £5.75.

(2) Where A—

(a)has no partner;

(b)has attained the age of 65; and

(c)has qualifying income in excess of the standard minimum guarantee,

a sum of £5.75.

(3) Where A is in receipt of savings credit as a person who has a partner and has qualifying income not exceeding the standard minimum guarantee—

(a)the amount of that savings credit where the amount received is £8.60 or less; or

(b)£8.60 of that savings credit where the amount received is greater than £8.60.

(4) Subject to sub-paragraph (5), where A—

(a)has a partner;

(b)has—

(i)attained the age of 65; or

(ii)has attained pension credit age and A’s partner has attained the age of 65; and

(c)has qualifying income in excess of the standard minimum guarantee,

a sum of £8.60.

(5) Where—

(a)the sum referred to in sub-paragraph (4) has been disregarded in the assessment of A’s partner’s income under these Regulations; or

(b)A’s partner is in receipt of savings credit,

sub-paragraph (4) does not apply to A.

(6) For the purposes of this paragraph—

(a)A has a partner if A would be considered to have a partner for the purposes of the Pension Credit Regulations;

(b)“qualifying income” (“incwm cymhwyso”) is to be construed in accordance with regulation 9 of the Pension Credit Regulations and for the purposes of sub-paragraphs (3) and (4) the person’s qualifying income includes any qualifying income of the A’s partner;

(c)“standard minimum guarantee” (“gwarant isafswm safonol”) means, for the purposes of—

(i)sub-paragraphs (1) and (2), the amount prescribed by regulation 6(1)(b) of the Pension Credit Regulations; and

(ii)sub-paragraphs (3) and (4), the amount prescribed by regulation 6(1)(a) of the Pension Credit Regulations.

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