The State Pension Credit Regulations 2002

an attendance allowance under section 64 of the 1992 Act;

an increase of disablement pension under section 104 or 105 of the 1992 Act;

a payment under regulations made in exercise of the power conferred by paragraph 7(2)(b) of Part II of Schedule 8 to the 1992 Act;

an increase of an allowance which is payable in respect of constant attendance under paragraph 4 of Part I of Schedule 8 to the 1992 Act;

a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 M5 or any analogous payment; or

any payment based on need for attendance which is paid as part of a war disablement pension;

the provision of that accommodation, and

at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises,

a man and woman who are married to each other and are members of the same household;

a man and woman who are not married to each other but are living together as husband and wife;

two people of the same sex who are civil partners of each other and are members of the same household; or

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

made between a person (“the lender”) and the claimant;

by means of which a sum of money is advanced by the lender to the claimant by way of payments at regular intervals; and

which is secured on a dwelling in which the claimant owns an estate or interest and which he occupies as his home;

is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

is on temporary release in accordance with the provisions of the Prison Act 1952 M10 or the Prisons (Scotland) Act 1989M11,

as respects England and Wales, any water and sewerage charges under Chapter 1 of Part V of the Water Industry Act 1991M14;

as respects Scotland, any water and sewerage charges under Schedule 11 to the Local Government Finance Act 1992M15;

to a numbered section is to the section of the Act bearing that number;

to a numbered Part is to the Part of these Regulations bearing that number;

to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;

in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

regulation 13 of the Immigration (European Economic Area) Regulations 2006;

Article 6 of Council Directive No.2004/38/EC; or

Article 39 of the Treaty establishing the European Community (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland).

a worker for the purposes of Council Directive No.2004/38/EC;

a self-employed person for the purposes of that Directive;

a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;

a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive;

a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive;

a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;

F214a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 1971;

a person who has humanitarian protection granted under those rules;

a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; F205...

a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruptionF206; or.

a person in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there.

under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales);

pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies), section 10(1) of the Health Service (Wales) Act (Welsh Ministers’ arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions);

under equivalent provision in Scotland or pursuant to arrangements made under such provision.

the “person” is the claimant or his partner; and

the claimant satisfied the conditions for entitlement to state pension credit immediately before he or, as the case may be, his partner, left Great Britain.

he or the claimant is permanently in a care home F142or an independent hospital;

the claimant is abroad and does not satisfy F22... regulation 3 (persons temporary absent from Great Britain).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

he is absent from Great Britain for more than 13 weeks;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

he is a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999

F227£189.35 per week in the case of a claimant who has a partner;

F228£124.05 per week in the case of a claimant who has no partner.

prisoners; and

members of religious orders who are fully maintained by their order.

section 2(3) has effect with the substitution for the reference to the standard minimum guarantee in section 2(3)(a) of a reference to a nil amount; and

except in the case of a person who is a remand prisoner, nil is the prescribed additional amount for the purposes of section 2(3)(b).

except where paragraph (b) applies, F229£50.35 per week if paragraph 1(1)(a), (b) or (c) of Part I of Schedule I is satisfied; or

F230£100.70 per week if paragraph 1(1)(b) of Part I of Schedule I is satisfied otherwise than by virtue of paragraph 1(2)(b) of that Part and no one is entitled to and in receipt of an allowance under section 70 of the 1992 Act in respect of caring for either partner.

if paragraph 4 of Part II of Schedule I is satisfied (amount applicable for carers);

in accordance with Part III of Schedule I (amount applicable for former claimants of income support or income-based jobseeker’s allowance); or

except where paragraph (7) applies, in accordance with Schedule II (housing costs).

the maximum savings credit is 60 per cent.;

“amount A” in section 3(4) is 60 per cent.;

“amount B” in section 3(4) is 40 per cent.

prisoners; and

members of religious orders who are fully maintained by their order.

in the case of partners, one partner is under the age of 60; or

state pension credit is awarded, or awarded at a higher rate, because an element of the claimant’s retirement provision which is due to be paid to the claimant stops temporarily.

except where sub-paragraph (b) applies, the arrangements under which the assessed amount is paid contain no provision for periodic increases in the amount payable; or

the assessed income comprises income from capital other than income to which paragraph (7) applies.

for the payment to be increased periodically;

for the date on which the increase is to be paid; and

for determining the amount of the increase,

begins on the date from which the increase in the assessed amount is to accrue; and

ends on the first increased payment date,

on the day in April each year on which increases under section 150(1)(c) of the Administration Act come into force if that is the first day of a benefit week but if it is not from the next following such day; and

by an amount produced by applying to the assessed amount the same percentage increase as that applied for the purposes of additional pensions under section 150(1)(c) and 151(1) of the Administration Act.

on the first day of the next benefit week to commence F27on or after the day on which the income increases or decreases; and

by an amount equal to the change in the claimant’s income produced by applying to his income changes made to the yields capital is deemed to produce, or to the capital amounts, specified in regulation 15(6), or to both if both are changed.

the claimant was entitled to income supportF251, an income-related employment and support allowance or an income-based jobseeker’s allowance immediately before the first day on which the conditions for entitlement to the credit are satisfied; and

the claimant’s entitlement to the credit is likely to continue throughout the first full benefit week which follows the part-week.

by dividing by 7 the weekly amount of the guarantee credit which, taking into account the requirements of paragraph (2), would be payable in respect of a full week; and then

multiplying the resulting figure by the number of days in the part-week,

severe disablement allowance;

short-term and long-term incapacity benefit;

maternity allowance;

contribution-based jobseeker’s allowance within the meaning of section 1(4) of the Jobseekers Act 1995.

contributory employment and support allowance.

disability living allowance;

attendance allowance payable under section 64 of the 1992 Act;

an increase of disablement pension under section 104 or 105 of the 1992 Act;

a payment under regulations made in exercise of the power conferred by paragraph 7(2)(b) of Part II of Schedule 8 to the 1992 ActM21;

an increase of an allowance payable in respect of constant attendance under paragraph 4 of Part I of Schedule 8 to the 1992 Act;

any child special allowance payable under section 56 of the 1992 Act;

any guardian’s allowance payable under section 77 of the 1992 Act;

any increase for a dependant, other than the claimant’s partner, payable in accordance with Part IV of the 1992 Act;

any social fund payment made under Part VIII of the 1992 Act;

child benefit payable in accordance with Part IX of the 1992 Act;

Christmas bonus payable under Part X of the 1992 Act;

housing benefit;

council tax benefit;

bereavement payment;

statutory sick pay;

statutory maternity pay;

statutory paternity pay payable under Part 12ZA of the 1992 Act;

statutory adoption pay payable under Part 12ZB of the 1992 Act;

any benefit similar to those mentioned in the preceding provisions of this paragraph payable under legislation having effect in Northern Ireland.

the Social Security (Overlapping Benefits) Regulations 1979M22;

regulation 2 of the Social Security (Hospital In-Patients) Regulations 2005;

section 30DD or section 30E of the 1992 ActM23 (reductions in incapacity benefit in respect of pensions and councillor’s allowances).

section 3 of the Welfare Reform Act (deductions from contributory allowance).

any payment made under article 37 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983M24;

a guaranteed income payment;

a payment made under article 21(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 but only where the condition referred to in article 23(2)(c) is met;

a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria;

payments under a scheme made under the Pneumoconiosis etc. (Worker’s Compensation) Act 1979M25;

payments due from any person in respect of board and lodging accommodation provided by the claimantF136...;

payments consisting of royalties or other sums received as a consideration for the use of, or the right to use, any copyright, patent or trade mark; F30...

any payment made to the claimant in respect of any book registered under the Public Lending Right Scheme 1982M26.

any payment made at regular intervals under an equity release scheme.

PPF periodic payments.

in the case of a claimant residing permanently in accommodation to which paragraph (7) applies, of £1 for each £500 in excess of £10,000 and £1 for any excess which is not a complete £500;

in any other case, of £1 for each £500 in excess of £6,000 and £1 for any excess which is not a complete £500.

in a care home;

in an establishment run by the Abbeyfield Society (including all bodies corporate or incorporate which are affiliated to the Society);

under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 M27 (provision of accommodation) where the claimant requires personal care;

in an independent hospital;

except where sub-paragraph (b) applies, notwithstanding that he is absent from it for a period not exceeding 52 weeks;

does not exceed a week, the whole of that payment shall be included in the claimant’s weekly income;

the claimant’s regular pattern of work is such that he does not work the same hours every week; or

the amount of the claimant’s income fluctuates and has changed more than once,

royalties or other sums payable as a consideration for the use of, or the right to use, any copyright, patent or trade mark; F40...

any payment made to the claimant in respect of any book registered under the Public Lending Right Scheme 1982; F41and

any payment which is made on an occasional basis.

the capital specified in Part I shall be disregarded for the purpose of determining a claimant’s income; and

the capital specified in Part II shall be disregarded for the purpose of determining a claimant’s income under regulation 15(6).

the claimant’s earnings; and

any amount to which paragraph (5) applies if the claimant or his partner is the first owner of the copyright, patent or trade mark or the author of the book registered under the Public Lending Right Scheme 1982.

any amount payable by way of tax;

any amount deducted by way of National Insurance Contributions under the 1992 Act or under the Social Security Contributions and Benefits (Northern Ireland) Act 1992M34;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a claimant has been receiving a regular payment of income;

that payment is coming to an end or has ended; and

the claimant receives a payment of income whether as the last of the regular payments or following the last of them (“the final payment”).

where the amount of the final payment is less than or equal to the amount of the preceding, or the last, regular payment, the whole amount shall be treated as being paid in respect of a period of the same length as that in respect of which that regular payment was made;

referred to in regulation 17(1)(a) or (b) on a regular date; or

which is subject to the provisions of regulation 17(2).

any bonus or commission;

any payment in lieu of remuneration except any periodic sum paid to a claimant on account of the termination of his employment by reason of redundancy;

any payment in lieu of notice;

any holiday pay;

any payment by way of a retainer;

the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with Part V of Schedule 3 to the Social Security (Contributions) Regulations 2001;

statutory sick pay and statutory maternity pay payable by the employer under the 1992 Act;

statutory paternity pay payable under Part 12ZA of the 1992 Act;

statutory adoption pay payable under Part 12ZB of the 1992 Act;

subject to paragraph (4), any payment in kind;

any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;

any occupational pension;

any lump sum payment made under the Iron and Steel Re-adaptation Benefits SchemeF44;

any payment of compensation made pursuant to an award by an employment tribunal in respect of unfair dismissal or unlawful discrimination

“board and lodging accommodation” has the same meaning as in F137regulation 1(2);

“claimant” referred to a person claiming state pension credit and any partner of the claimant;

paragraph (1) shall have effect;

for paragraph (2), the following provision shall have effect—

where a claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation for which payment is made, those payments;

any payment made by a voluntary organisation in accordance with section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations);

any sports award.”.

for paragraphs (1) to (3), the following provision shall have effect—

in the case of a self-employed earner who is engaged in employment on his own account, the net profit derived from that employment;

paragraphs (4) to (12) shall have effect.

to which section 16(1)(a) to (e) applies,

for which no claim has been made, and

to which the claimant might expect to be entitled if a claim for it were made,

has deferred entitlement to retirement pension income to which section 16(1)(a) to (c) applies for at least 12 months, and

would have been entitled to make an election under Schedule 5 or 5A to the 1992 Act or under Schedule 1 to the Graduated Retirement Benefit Regulations,

in the case of a retirement annuity contract, he fails to purchase an annuity with the funds available under that contract,

his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme, and

that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 2004.

reducing or paying a debt owed by the claimant; or

purchasing goods or services if the expenditure was reasonable in the circumstances of the claimant’s case,

the value of his holding in that company shall, notwithstanding regulation 19 (calculation of capital), be disregarded; and

he shall, subject to paragraph (4), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Chapter shall apply for the purposes of calculating that amount as if it were actual capital which he does possess.

he is in receipt of state pension credit; and

but for regulation F4821(1), he would have received an additional amount of state pension credit in that benefit week;

the amount of state pension credit to which the claimant would have been entitled in the relevant week but for regulation F4821(1);

the amount of housing benefit (if any) equal to the difference between his maximum housing benefit and the amount (if any) of housing benefit which he is awarded in respect of the benefit week, within the meaning of regulation 2(1) of the Housing Benefit (General) Regulations 1987 M36 (interpretation), which includes the last day of the relevant week;

the amount of council tax benefit (if any) equal to the difference between his maximum council tax benefit and the amount (if any) of council tax benefit which he is awarded in respect of the benefit week which includes the last day of the relevant week, and for this purpose “benefit week” has the same meaning as in regulation 2(1) of the Council Tax Benefit (General) Regulations 1992 M37(interpretation).

sub-paragraphs (a) to (c) of paragraph (3) shall apply as if for the words “relevant week” there were substituted the words “ relevant subsequent week ”; and

subject to paragraph (6), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.

the claimant would have been entitled to state pension credit but for regulation F4821(1).

“relevant subsequent week” means the benefit week which includes the day on which the further claim or, if more than one further claim had been made, the last such claim was made.

a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, to Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980 M38;

the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and

the person referred to in sub-paragraph (a) and his partner does not possess, or is not treated as possessing, any other income apart from that payment.