(1)Any person who in any year—
(a)is present or ordinarily resident in the United Kingdom or any other member State at any time during the relevant week; and
(b)is entitled to a payment of a qualifying benefit in respect of a period which includes a day in that week or is to be treated as entitled to a payment of a qualifying benefit in respect of such a period,
shall, subject to the following provisions of this Part of this Act and to section 1 of the Administration Act, be entitled to payment under this subsection in respect of that year.
(2)Subject to the following provisions of this Part of this Act, any person who is a member of a couple and is entitled to a payment under subsection (1) above in respect of a year shall also be entitled to payment under this subsection in respect of that year if—
(a)both members have attained pensionable age not later than the end of the relevant week; and
(b)the other member satisfies the condition mentioned in subsection (1)(a) above; and
(c)either—
(i)he is entitled or treated as entitled, in respect of the other member, to an increase in the payment of the qualifying benefit; or
(ii)the only qualifying benefit to which he is entitled is [F1state pension credit].
[F2(2ZA)In a case where a person is entitled to a payment of armed forces independence payment, the reference in subsection (1) to section 1 of the Administration Act is to be read as a reference to article 43 of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517).]
[F3(2A)In a case falling within paragraph (c)(ii) of subsection (2) above, paragraph (a) of that subsection has effect with the substitution of “qualifying age for state pension credit” for “pensionable age”.]
(3)A payment under subsection (1) or (2) above—
(a)is to be made by the Department; and
(b)is to be of £10 or such larger sum as the Department may by order specify.
(4)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Only one sum shall be payable in respect of any person.
Textual Amendments
F1Words in s. 144(2)(c)(ii) substituted (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14(N.I.)), ss. 14, 21(2), Sch. 2 para. 5(a); S.R. 2002/366, art. 2(1)(l); S.R. 2003/373, art. 2
F2S. 144(2ZA) inserted (20.12.2013) by The Armed Forces and Reserve Forces (Compensation Scheme) (Consequential Provisions: Primary Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3233), arts. 1, 2(3)
F3S. 144(2A) inserted (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14(N.I.)), ss. 14, 21(2), Sch. 2 para. 5(b); S.R. 2002/366, art. 2(1)(l); S.R. 2003/373, art. 2
F4S. 144(4) omitted (2.12.2002 for certain purposes, and repealed 6.10.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14(N.I.)), ss. 14, 21(2), Sch. 2 para. 5(c), Sch. 3; S.R. 2002/366, art. 2(1)(l) ; S.R. 2003/373, art. 2