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

Prospective

9.  In Schedule II (housing costs)— E+W+S

(a) in paragraph (iii) of the definition of “disabled person” in paragraph 1(2)(a)—

(i) at the end of (aa), there shall be inserted the word “and”;

(ii) at the end of (bb) , there shall be inserted the word “or”;

(b) in paragraph 1(6)—

(i) at the end of head (a), there shall be inserted the word “or”;

(ii) head (b) shall be omitted;

(iii) in head (c), the words “or (b)” shall be omitted;

(c) at the end of paragraph 2(8), there shall be added—

“,

and for the purposes of this sub-paragraph, “sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993(1) out of sums allocated to it for distribution under that section”;

(d) in paragraph 5—

(i) in sub-paragraph (5)(a), for the word “Intense”, in both places where that word occurs, there shall be substituted the word “Intensive”;

(ii) in sub-paragraph (8), for “(13)” there shall be substituted “(12)”;

(e) in paragraph 7—

(i) for sub-paragraph (2), there shall be substituted the following—

“(2) For the purposes of sub-paragraph (1) and subject to sub-paragraphs (3) and (4A), the amount of the qualifying loan—

(a) except where paragraph (b) applies, shall be determined on the date the housing costs are first met and thereafter on the anniversary of that date;

(b) where housing costs are being met in respect of a qualifying loan (“the existing loan”) and housing costs are subsequently met in respect of one or more further qualifying loans (“the new loan”), shall be the total amount of those loans determined on the date the housing costs were first met in respect of the new loan and thereafter on the anniversary of the date housing costs were first met in respect of the existing loan.”;

(ii) for sub-paragraph (3)(ii), there shall be substituted “recalculated on the relevant date specified in sub-paragraph (4C)”;

(iii) after sub-paragraph (4), there shall be inserted the following sub-paragraphs—

“(4A) Where—

(a) the last day on which either the claimant or his partner were entitled to income support or to an income-based jobseeker’s allowance was no more than twelve weeks before—

(i) except where head (ii) applies, the first day of entitlement to state pension credit; or

(ii) where the claim for state pension credit was treated as made on a day earlier than the day on which it was actually made (“the actual date”), the day which would have been the first day of entitlement to state pension credit had the claim been treated as made on the actual date; and

(b) sub-paragraph (4B) applies,

the amount of the qualifying loan shall be the amount last determined for the purposes of the earlier entitlement and recalculated on the relevant date specified in paragraph (4C).

(4B) This sub-paragraph applies—

(a) where the earlier entitlement was to income support, if their applicable amount included an amount determined in accordance with Schedule 3 to the Income Support Regulations as applicable to them in respect of a loan which qualifies under paragraph 15 or 16 of that Schedule; or

(b) where the earlier entitlement was to an income-based jobseeker’s allowance, if their applicable amount included an amount determined in accordance with Schedule 2 to the Jobseeker’s Allowance Regulations as applicable to them in respect of a loan which qualifies under paragraph 14 or 15 of that Schedule; and

where the circumstances affecting the calculation of the qualifying loan remain unchanged since the last calculation of that loan and in this paragraph, “qualifying loan” shall, where the context requires, be construed accordingly.

(4C) The recalculation shall take place—

(a) in a case where sub-paragraph (3) applies, on each subsequent anniversary of the date on which, for the purposes of sub-paragraph (2), housing costs were first met;

(b) in a case where sub-paragraph (4A) applies—

(i) where housing costs under the earlier entitlement were being met in respect of more than one qualifying loan and the amounts of those loans were recalculated on different dates, on the first of those dates which falls during the award of state pension credit and on each subsequent anniversary of that date;

(ii) in any other case, on each subsequent anniversary of the date on which housing costs were first met under the earlier entitlement;

(c) in the case of claims for state pension credit made between 6th October 2003 and 5th October 2004 and to which sub-paragraph (4A) does not apply—

(i) where there are no housing costs to be met as at the date of claim but housing costs are to be met in respect of a qualifying loan taken out after the date of claim, on each subsequent anniversary of the date on which housing costs in respect of that loan were first met;

(ii) in any other case, on each subsequent anniversary of the date on which the decision was made to award state pension credit.”;

(f) in paragraph 9(1)(a), for the words “is 5.34 per cent per annum” there shall be substituted the words “shall be the rate specified in paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations”;

(g) in paragraph 14—

(i) in sub-paragraph (2), for “(2)(a)” there shall be substituted “(1)(a)”;

(ii) after sub-paragraph (7)(c), there shall be inserted the following paragraph—

“(cc) if he is a full-time student and the claimant or his partner has attained the age of 65;”.

Commencement Information

I1 Sch. para. 9 in force at 6.10.2003, see reg. 1(1)(b)

(1)

1993 c. 39.