Modifications etc. (not altering text)
C1Sch. 7 para. 65 modified (temp.) (29.11.1999) by The Social Security (New Deal Pilot) Regulations 1999 (S.I. 1999/3156), regs. 1(1), 16 (with regs. 1(2), 11, 19)
[F116A.—(1) Subject to sub-paragraphs (2) and (3), where a claimant—
(a)is a person to whom Schedule 4 (applicable amounts of persons in residential care and nursing homes) or paragraph 16 or 17 of Schedule 5 (applicable amounts in special cases) applies;
(b)is not residing with his spouse; and
(c)has at least 50 per cent. of any occupational pension of his[F2, or of any income from a personal pension scheme of his,] being paid to, or in respect of, his spouse for that spouse’s maintenance, an amount equal to 50 per cent. of the pension[F3, pensions or income] concerned.
[F4(2) Where a claimant is entitled to pensions or income referred to in sub-paragraph (1) from more than one source, all such pensions and income to which he is entitled shall be aggregated for the purposes of that sub-paragraph.]
(3) This paragraph shall not have effect in respect of that part of any [F5pension or income referred to in sub-paragraph (1)] to which a spouse is legally entitled whether under a court order or not.]
Textual Amendments
F1Sch. 7 para. 16A inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 32
F2Words in Sch. 7 para. 16A(1)(c) inserted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), reg. 1(1)(2), 2(4)(a)(i)(aa)
F3Words in Sch. 7 para. 16A(1) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), reg. 1(1)(2), 2(4)(a)(i)(bb)
F4Sch. 7 para. 16A(2) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), reg. 1(1)(2), 2(4)(a)(ii)
F5Words in Sch. 7 para. 16A(3) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), reg. 1(1)(2), 2(4)(a)(iii)