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

8.  In Schedule I— E+W+S

(a) in Part I (circumstances in which persons are treated as being or not being severely disabled)—

(i) in paragraph 1(2)(b), for “37ZB(3)” there shall be substituted “72(3)”;

(ii) in paragraph 2(6)(a), for the word “partners” there shall be substituted the word “partner”;

(b) in Part II (applicable amount for carers), in paragraph 4(4), for the words “sub-paragraph is” there shall be substituted the words “sub-paragraph (3) is”;

(c) in Part III (amount applicable for former claimants of income support or income-related jobseeker’s allowance)—

(i) in paragraph 6(7)(a), after the words “Jobseeker’s Allowance”, there shall be inserted the word “Regulations”;

(ii) at the end of paragraph 6, there shall be added the following sub-paragraphs—

“(10) This sub-paragraph applies where the relevant amount included an amount in respect of housing costs relating to a loan—

(a) which is treated as a qualifying loan by virtue of regulation 3 of the Income Support (General) Amendment and Transitional Regulations 1995(1) or paragraph 18(2) of Schedule 2 to the Jobseeker’s Allowance Regulations; or

(b) the appropriate amount of which was determined in accordance with paragraph 7(6C) of Schedule 3 to the Income Support Regulations as in force prior to 10th April 1995 and maintained in force by regulation 28(1) of the Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995(2).

(11) Where sub-paragraph (10) applies, the transitional amount shall be calculated or, as the case may be, recalculated, on the relevant anniversary date determined in accordance with paragraph 7(4C) of Schedule II (“the relevant anniversary date”) on the basis that the provisional amount on the relevant day included, in respect of housing costs, the amount calculated in accordance with paragraph 7(1) of Schedule II as applying from the relevant anniversary date and not the amount in respect of housing costs determined on the basis of the amount of the loan calculated in accordance with paragraph 7(4A) of that Schedule.

(12) The transitional amount as calculated in accordance with sub-paragraph (11) shall only be applicable from the relevant anniversary date.”.

Commencement Information

I1 Sch. para. 8 in force at 6.10.2003, see reg. 1(1)(b)

(1)

S.I. 1995/2287.

(2)

S.I. 1995/516.