State Pension Credit Act 2002

4 Exclusions E+W+S

(1) A claimant is not entitled to state pension credit if he is a member of a [F1 couple] the other member of which is entitled to state pension credit.

[F2 (1A) A claimant is not entitled to state pension credit if he is a member of a couple the other member of which has not attained the qualifying age.]

(2) In section 115(1) of the Immigration and Asylum Act 1999 (c. 33) (exclusion of certain persons from benefits) in the words preceding paragraph (a), after “Jobseekers Act 1995” insert “ or to state pension credit under the State Pension Credit Act 2002 ”.

(3) Where the amount payable by way of state pension credit would (apart from this subsection) be less than a prescribed amount, it shall not be payable except in prescribed circumstances.

Textual Amendments

F1 Words in s. 4(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 140; S.I. 2005/3175, art. 2(1), Sch. 1

F2 S. 4(1A) inserted (15.5.2019) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 64; S.I. 2019/37, art. 3 (with arts. 4, 6-8) (as amended by S.I. 2019/935, art. 2 and (8.6.2024) by S.I. 2024/604, arts. 1(3), 2)

Commencement Information

I1 S. 4 partly in force; s. 4 not in force at Royal Assent, see s. 22(3); s. 4 in force for certain purposes at 2.7.2002 by S.I. 2002/1691, art. 2

I2 S. 4 in force at 6.10.2003 in so far as not already in force by S.I. 2003/1766, art. 2(a)