The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002

Amendment of the Income Support (General) Regulations 1987 E+W+S

29.—(1) The Income Support (General) Regulations 1987 M1 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 42 (notional income), in paragraph (2C) M2 , for the word “claimant” substitute “ person ”.

(3) In regulation 53 (calculation of tariff income from capital), in paragraph (1ZA) M3 , in sub-paragraph (a), omit the words “is aged 60 or over or”.

(4) In Schedule 1B M4 (prescribed categories of persons), omit paragraph 17 (persons aged 60 or over).

(5) In Schedule 2 (applicable amounts)—

(a) for paragraph 9 M5 (pensioner premiums for persons under 75), substitute—

“9.   The condition is that the claimant has a partner aged not less than 60 but less than 75.”;

(b) for paragraph 9A M6 (pensioner premiums for persons 75 or over), substitute—

“9A.   The condition is that the claimant has a partner aged not less than 75 but less than 80.”;

(c) in paragraph 10 M7 (higher pensioner premium)—

(i) for sub-paragraphs (1) and (2), substitute—

“(1) The condition is that—

(a) the claimant’s partner is aged not less than 80; or

(b) the claimant’s partner is aged less than 80 but not less than 60 and either—

(i) the additional condition specified in paragraph 12(1)(a) or (c) is satisfied; or

(ii) the claimant was entitled to, or was treated as being in receipt of, income support and—

(aa) the disability premium was or, as the case may be, would have been, applicable to him in respect of a benefit week within eight weeks of his partner’s 60th birthday; and

(bb) he has, subject to sub-paragraph (3), remained continuously entitled to income support since his partner attained the age of 60.”;

(ii) in sub-paragraph (3), in head (b), for the words “sub-paragraphs (1)(b)(ii) and (2)(b)(ii) are” substitute “ sub-paragraph (1)(b)(ii) is ” and after the words “includes his” insert “ partner’s ”;

(d) in paragraph 11 (disability premium)—

(i) in sub-paragraph (a), omit the words “he is aged less than 60 and”;

(ii) for sub-paragraph (b)(i), substitute—

“(i) the claimant satisfies the additional condition specified in paragraph 12(1)(a), (b) or (c); or”;

(e) in paragraph 12 M8 (additional condition for the higher pensioner and disability premium), in sub-paragraph (1) for head (c) substitute—

“(c) the claimant’s partner was in receipt of long-term incapacity benefit under Part II of the Contributions and Benefits Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act and—

(i) the claimant has since remained continuously entitled to income support;

(ii) the higher pensioner premium or disability premium has been applicable to the claimant; and

(iii) the partner is still alive;

(d) except where paragraph (1)(a), (b), (c)(ii) or (d)(ii) of Schedule 7 (patients) applies, the claimant or, as the case may be, his partner was in receipt of attendance allowance or disability living allowance—

(i) but payment of that benefit has been suspended under the Social Security (Hospital In-Patients) Regulations 1975 M9 or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 21(3); and

(ii) a higher pensioner premium or disability premium has been applicable to the claimant.”;

(f) in paragraph 13A M10 (enhanced disability premium), in sub-paragraph (1) for head (b) and the words which follow that head, substitute—

“(b) a member of the claimant’s family who is aged less than 60.”;

(g) in paragraph 15 M11 ( premiums)—

(i) in column (1)—

(aa) for sub-paragraph (2), substitute—

“(2) Pensioner premium for persons to whom paragraph 9 applies.”;

(bb) for sub-paragraph (2A) M12 , substitute—

“(2A) Pensioner premium for persons to whom paragraph 9A applies.”;

(cc) for sub-paragraph (3), substitute—

“(3) Higher pensioner premium for persons to whom paragraph 10 applies.”;

(ii) in column (2), in sub-paragraphs (2), (2A) and (3), the entries relating to head (a) shall in each case be omitted.

(6) In Schedule 3 (housing costs)—

(a) in paragraph 6, in sub-paragraph (1B) M13 , after the words “jobseeker’s allowance” insert “ or state pension credit ”;

(b) in paragraph 8, in sub-paragraph (1B) M14 , after the words “jobseeker’s allowance” insert “ or state pension credit ”;

(c) in paragraph 9, in sub-paragraph (1), for head (a), substitute—

“(a) the claimant’s partner has attained the qualifying age for state pension credit;”;

(d) in paragraph 14, at the end add—

“(14) For the purpose of determining whether the linking rules set out in this paragraph apply in a case where a claimant’s former partner was entitled to state pension credit, any reference to income support in this Schedule shall be taken to include also a reference to state pension credit.”;

(e) in paragraph 18, in sub-paragraph (1), for heads (a) and (b) substitute—

“(a) in respect of a non-dependant aged 18 or over who is engaged in any remunerative work but is not in receipt of state pension credit, £47.75;

(b) in respect of a non-dependant who is engaged in remunerative work and in receipt of state pension credit, £7.40;

(c) in respect of a non-dependant aged 18 or over to whom neither head (a) nor head (b) applies, £7.40.”

(7) In Schedule 8 (sums to be disregarded in the calculation of earnings)—

(a) in paragraph 1, in sub-paragraph (a), omit head (i);

(b) after paragraph 1, insert—

“1A.   If the claimant’s partner has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged, any earnings paid or due to be paid on termination of that employment by way of retirement but only if the partner has attained the qualifying age for state pension credit on retirement.”;

(c) in paragraph 4—

(i) in sub-paragraph (3), head (b) shall be omitted;

(ii) in sub-paragraph (4)—

(aa) for head (b), substitute—

“(b) the claimant’s partner has attained the qualifying age for state pension credit;”;

(bb) in head (c) omit “he or, as the case may be, he or” and “or (3)”;

(iii) in sub-paragraph (7)—

(aa) in head (a), for sub-head (i), substitute—

“(i) on or after the date on which the claimant’s partner attained the qualifying age for state pension credit during which the partner was not engaged in part-time employment or the claimant was not entitled to income support; or”;

(bb) in head (b), for the words “the claimant or, as the case may be, his partner attained the age of 60”, substitute “ the claimant’s partner attains the qualifying age for state pension credit. ”;

(cc) in head (c), for the words “the claimant or, if he is a member of a couple, he or his partner attained the age of 60”, substitute “ the claimant’s partner, if he is a member of a couple, attained the qualifying age for state pension credit ”.

Marginal Citations

M1 S.I. 1987/1967.

M2 Paragraph (2) was inserted by S.I. 1995/2303.

M3 Paragraph (1ZA) was inserted by S.I. 2000/2545.

M4 Schedule 1B was inserted by S.I. 1996/206.

M5 Paragraph 9 was substituted by S.I. 1989/534.

M6 Paragraph 9A was inserted by S.I. 1989/534.

M7 Paragraph 10 is amended by S.I. 1988/663, 1992/468, 1998/2231 and 2000/724.

M8 The relevant amending Instruments are S.I. 1991/2742, 1994/2139 and 1995/482 and 516.

M9 S.I. 1975/555.

M10 Paragraph 13A was inserted by S.I. 2000/2629.

M11 The relevant amending Instrument is S.I. 2002/668.

M12 Sub-paragraph (2) was inserted by S.I. 1989/534.

M13 Sub-paragraph (1B) was inserted by S.I. 1997/2305.

M14 Sub-paragraph (1B) was inserted by S.I. 1997/2305.