PART 3 SApplication of the Regulations

ApplicationS

12.—(1) These Regulations apply to a person who—

(a)has not attained the qualifying age for state pension credit; or

(b)has attained the qualifying age for state pension credit if that person, or any partner of that person, is a person on income support, [F1universal credit,] an income-based jobseeker's allowance or an income-related employment and support allowance [F2, except as provided for by paragraphs (1A) and (1B)].

[F3(1A) These Regulations do not apply to a person who is in receipt of an award of universal credit, or who has a partner who is in receipt of an award of universal credit, if the person with that award has (or, in the case of a joint award, both persons have) attained the qualifying age for state pension credit and—

(a)the award of universal credit is continuing pending a superseding decision taking effect at the end of a universal credit assessment period, as provided for by paragraph 26 of schedule 1 (effective dates for superseding decisions made on the ground of a change in circumstances) of the Universal Credit, Personal Independence Payment, Jobseekers Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013, or

(b)the person awarded universal credit was not entitled to receive that award.

(1B) These Regulations do not apply to a couple, only one of whom has reached the qualifying age for state pension credit, if that person is in receipt of an award of state pension credit and is not precluded from an award of universal credit by virtue of regulation 5(2)(b)(iv) of the Universal Credit (Transitional Provisions) Regulations 2014 (entitlement to continuing award of state pension credit during a first assessment period for universal credit where the person is a new claimant partner).]

(2) Except as provided in paragraph (1)(b), these Regulations do not apply in relation to a person whose partner has attained the qualifying age for state pension credit.

Textual Amendments