The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002

13.  In Schedule VI (sums disregarded from claimant’s earnings)— E+W+S

(a) in paragraph 2, at the end of sub-paragraph (2) there shall be added the following—

“(d) a member of any territorial or reserve force prescribed in Part I of Schedule 6 to the Social Security (Contributions) Regulations 2001(1)”;

(b) after paragraph 2 there shall be inserted the following paragraph—

“2A.   Where a person is engaged in one or more of the employments specified in paragraph 2 but his earnings derived from those employments are less than £20 in any week and he is also engaged in any other employment, so much of his earnings from that other employment as would not in aggregate with the amount of his earnings disregarded under paragraph 2 exceed £20.”;

(c) in paragraph 4—

(i) at the end of sub-paragraph (1)(a) there shall be added the following—

“(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(2); or”;

(ii) sub-paragraph (5) shall be omitted;

(d) after paragraph 4, there shall be inserted the following paragraph—

“4A.— (1) £20 is the maximum amount which may be disregarded under any of paragraphs 1, 2, 3 or 4 notwithstanding that—

(a) in the case of a claimant with no partner, he satisfies the requirements of more than one of those paragraphs or, in the case of paragraph 4, he satisfies the requirements of more than one of the sub-paragraphs of that paragraph; or

(b) in the case of married or unmarried couples, both partners satisfy one or more of the requirements of paragraphs 2, 3 and 4.

(2) Where, in a case to which sub-paragraph (1)(b) applies, the amount to be disregarded in respect of one of the partners (“the first partner”) is less than £20, the amount to be disregarded in respect of the other partner shall be so much of that other partner’s earnings as would not, in aggregate with the first partner’s earnings, exceed £20.”.

(e) in paragraph 6, after the word “earnings”, there shall be inserted the words “, other than any amount referred to in regulation 17(9)(b),”;

(f) after paragraph 6, there shall be added the following paragraph—

“7.   Any banking charges or commission payable in converting to Sterling payments of earnings made in a currency other than Sterling.”.

Commencement Information

I1 Sch. para. 13 in force at 6.10.2003, see reg. 1(1)(b)

(1)

S.I. 2001/1004.

(2)

S.I. 2002/2005.