The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010

Amendments to the State Pension Credit Regulations 2002

6.—(1) The State Pension Credit Regulations 2002(1) are amended as follows.

(2) In regulation 1(2) (interpretation) at the appropriate places insert the following definitions—

““foreign state retirement pension” means any pension which is paid under the law of a country outside the United Kingdom and is in the nature of social security;”;

““MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;”.

(3) In—

(a) regulation 1(2) in the definition of “qualifying person”(2),

(b) Schedule II (housing costs) in paragraph 14(8)(b)(3), and

(c) Schedule V (income from capital) in paragraph 15(1)(4) and (7)(5),

after “the Eileen Trust” insert “, MFET Limited”.

(4) The provisions of regulation 11 (retirement provision in assessed income period) become paragraph (1) of that regulation, and after that paragraph (as renumbered) add—

“(2) For the purposes of section 7(6) (meaning of retirement provision) of the Act, a foreign state retirement pension is to be treated as a benefit under the 1992 Act.”.

(5) For regulation 15(2) (income for the purposes of the Act), substitute—

“(2) For the purposes of section 15(1)(f) (foreign social security benefits) of the Act, income includes—

(a) all foreign social security benefits which are similar to the social security benefits prescribed under paragraph (1), and

(b) any foreign state retirement pension.”.

(6) In regulation 18(2) (notional income) for “aged not less than 60”, substitute “who has attained the qualifying age”.

(7) In Schedule V, paragraph 15(1) to (5) after “under” insert “or by”.

(1)

S.I. 2002/1792.

(2)

Relevant amending instruments are S.I. 2004/1141 and 2005/3391.

(3)

Relevant amending instrument is S.I. 2008/2767.

(4)

Relevant amending instruments are S.I. 2004/1141, 2005/3391 and 2008/2767.

(5)

Relevant amending instruments are S.I. 2004/1141 and 2005/3391.