The State Pension Credit Regulations 2002

Changes over time for: Paragraph 4

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The State Pension Credit Regulations 2002, Paragraph 4 is up to date with all changes known to be in force on or before 27 February 2025. 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.

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Changes and effects yet to be applied to Schedule VI Paragraph 4:

Sch. 2 para. 14(8)(be) inserted by S.I. 2025/44 reg. 5(3)

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

Sch. 2 para. 14(8)(be) inserted by S.I. 2025/44 reg. 5(3)

4.—(1) £20 is disregarded if the claimant or, if he has a partner, his partner—

(a)is in receipt of—

(i)long-term incapacity benefit under Section 30A of the 1992 ActM1;

(ii)severe disablement allowance under section 68 of that Act;

(iii)attendance allowance;

[F1(iiia)pension age disability payment;]

(iv)disability living allowance under section 71 to 76 of that Act;

(v)any mobility supplement under [F2article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006] (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983M2; F3...

[F4(vi)the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002; or]

[F5(vii)employment and support allowance; F6...]

[F7(viii)personal independence payment; F8...]

[F9(viiia)adult disability payment;]

[F10(ix)armed forces independence payment; or]

[F11(b)is or are certified as severely sight impaired or blind by a consultant ophthalmologist.]

(2) Subject to sub-paragraph (4), £20 is disregarded if the claimant or, if he has a partner, his partner has, within a period of 8 weeks ending on the day in respect of which the claimant first satisfies the conditions for entitlement to state pension credit, had an award of income support [F12, income-based jobseeker's allowance or income-related employment and support allowance] and—

(a)£20 was disregarded in respect of earnings taken into account in that award;

(b)the person whose earnings qualified for the disegard continues in employment after the termination of that award.

(3) Subject to sub-paragraph (4), £20 is disregarded if the claimant or, if he has a partner, his partner, immediately before attaining pensionable age,—

(a)had an award of state pension credit; and

(b)a disregard under paragraph 4(1)(a)(i) or (ii) was taken into account in determining that award.

(4) The disregard of £20 specified in sub-paragraphs (2) and (3) applies so long as there is no break, other a break which does not exceed 8 weeks,—

(a)in a case to which sub-paragraph (2) refers, in a person’s entitlement to state pension credit or in employment following the first day in respect of which state pension credit is awarded; or

(b)in a case where sub-paragraph (3) applies, in the person’s entitlement to state pension credit since attaining pensionable age.

F13(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. VI para. 4(1)(a)(iiia) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 9(6)

F2Words in Sch. VI para. 4(1)(a)(v) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 4(7)

F3Word in Sch. VI para. 4(1)(a)(v) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 4(10)(a)(i)

F4Sch. VI para. 4(1)(a)(vi) added (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. 13(c)(i)

F5Sch. VI para. 4(1)(a)(vii) 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(10)(a)(ii)

F6Word in Sch. VI para. 4(1)(a)(vii) omitted (8.4.2013) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 27(8)(a)

F7Sch. VI para. 4(1)(a)(viii) 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(8)(b)

F8Word in Sch. VI para. 4(1)(a)(viii) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 23(8)(a)

F9Sch. VI para. 4(1)(a)(viiia) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 8(7)