2002 No. 1792

SOCIAL SECURITY

The State Pension Credit Regulations 2002

Made11th July 2002

Coming into force6th October 2003

Whereas a draft of this Instrument was laid before Parliament in accordance with section 19(2) of the State Pension Credit Act 2002 and section 11(3) of the Social Security Fraud Act 2001 and approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 175 (3) to (5) of the Social Security Contributions and Benefits Act 1992M1, sections 7(4A), 9(4A) and 11(1) and (4) of the Social Security Fraud Act 2001M2 and sections 1(5), 2(3), (4) and (6), 3(4) to (8), 4(3), 5, 6(2), 7(4) and (7), 9(4) and (5), 12(2) and (3), 15, 16(2) and 17(1) and (2) of the State Pension Credit Act 2002M3, hereby makes the following Regulations:C2 C3

Annotations:

Modifications etc. (not altering text)

Instrument modified (for specified purposes and with effect in accordance with art. 1(2)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), art. 26(6), Sch. 20

Instrument applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(e)(iii)(3) (with reg. 3)

Marginal Citations

1992 c. 4; section 175 (3) to (5) is applied to provisions of the State Pension Credit Act 2002 by section 19(1) of that Act.

2001 c. 11; sections 7(4A) and 9(4A) were inserted by the State Pension Credit Act 2002, Schedule 2, paragraphs 45(2) and 46(3).

2002 c. 16.

PART IGeneral

Citation, commencement and interpretation1

1

These Regulations may be cited as the State Pension Credit Regulations 2002 and shall come into force on 6th October 2003.

2

In these Regulations—

“the Act” means the State Pension Credit Act 2002;

“the 1992 Act” means the Social Security Contributions and Benefits Act 1992M4;

F316“the 2012 Act” means the Welfare Reform Act 2012;

F19“adoption leave” means a period of absence from work on ordinary or additional adoption leave in accordance with section 75A or 75B of the Employment Rights Act 1996;

“the appointed day” means the day appointed under section 13(3) of the Act;

F462“approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;

F315“armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;

F108“the Armed Forces and Reserve Forces Compensation Scheme” means the scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004;

“attendance allowance” means—

a

an attendance allowance under section 64 of the 1992 Act;

b

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

F357c

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

F357d

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

e

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

F225f

any payment based on a need for attendance which is paid as part of a war disablement pension, or any other such payment granted in respect of disablement which falls within regulation 15(5)(ac);

F270“benefit week” means—

a

where state pension credit is paid in advance, the period of 7 days beginning on the day on which, in the claimant’s case, that benefit is payable;

b

where state pension credit is paid in arrears, the period of 7 days ending on the day on which, in the claimant’s case, that benefit is payable.

F117“board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of—

i

the provision of that accommodation, and

ii

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,

but not accommodation provided by a close relative of his or of his partner, or other than on a commercial basis;.

“care home” F481in England has the meaning it has for the purposes of the Care Standards Act 2000 M6 by virtue of section 3 of that Act F16 and in F482Wales and Scotland means a care home service;

F289“care home service” F483in Wales means a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 which is provided wholly or mainly to persons aged 18 or over and in Scotland has the meaning assigned to it by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010;

F292“the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;

“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987M7;

“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, F133or if any of the preceding persons is one member of a couple, the other member of that couple, the other member of that couple;

F345“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions;

F348“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

F388F371“couple” means—

a
two people who are married to, or civil partners of, each other and are members of the same household; or
b
two people who are not married to, or civil partners of, each other but are living together as a married couple;

F18“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996;

F18“dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated;

“Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

F193“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;

F258“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament F358or the National Assembly for Wales;

F104“equity release scheme” means a loan—

a

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

b

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

c

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

F271“foreign state retirement pension” means any pension which is paid under the law of a country outside the United Kingdom and is in the nature of social security;

“the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;

“full-time student” has the meaning prescribed in regulation 61(1) of the Income Support Regulations;

F157“the Graduated Retirement Benefit Regulations” means the Social Security (Graduated Retirement Benefit) Regulations 2005;

F108“a guaranteed income payment” means a payment made under article 14(1)(b) or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005;

F218“the Health Service Act” means “the National Health Service Act 2006”;

F218“the Health Service (Wales) Act” means “the National Health Service (Wales) Act 2006”;

F346“income-based jobseeker’s allowance” means an income-based allowance under the Jobseekers Act 1995;

F194“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (employment and support allowance);

“the Income Support Regulations” means the Income Support (General) Regulations 1987M8;

F286“independent hospital”—

a

in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

b

in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and

c

F290in Scotland, means an independent health care service as defined in section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978;

F214...

F186“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;

F215...

F216...

F217...

“F311local welfare provision” means occasional financial or other assistance given by a local authority, the Scottish Ministers or the Welsh Ministers, or a person authorised to exercise any function of, or provide a service to, them, to or in respect of individuals for the purpose of—

a

meeting, or helping to meet, an immediate short term need—

i

arising out of an exceptional event, or exceptional circumstances; and

ii

that requires to be met in order to avoid a risk to the well-being of an individual; or

b

enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—

i

in prison, hospital, a residential care establishment or other institution; or

ii

homeless or otherwise living an unsettled way of life;

F149“the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;

F455“the London Emergencies Trust” means the company of that name (number 09928465) incorporated on 23rd December 2015 and the registered charity of that name (number 1172307) established on 28th March 2017;

“the Macfarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;

“the Macfarlane (Special Payments) (No. 2) Trust” means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

“the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

F445“member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—

a
Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or
b
Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;

F271“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;

F299“paternity leave” means a period of absence from work on F399... paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 F400...;

F161“patient”, except in Schedule II, means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005;

“pension fund holder” means with respect to F187an occupational pension scheme, a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;

F316personal independence payment” means personal independence payment under Part 4 of the 2012 Act;

“policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

“prisoner” means a person who—

a

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

b

is on temporary release in accordance with the provisions of the Prison Act 1952 M9 or the Prisons (Scotland) Act 1989M10,

other than a person detained in hospital under the provisions of the Mental Health Act 1983 M11, or in Scotland, under the provisions of the F121Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995M12;

F258“public authority” includes any person certain of whose functions are functions of a public nature;

“qualifying person” means a person in respect of whom payment has been made from the FundF101, the Eileen TrustF272, MFET LimitedF150, the Skipton FundF293, the Caxton FoundationF446, the Scottish Infected Blood Support SchemeF463, an approved blood schemeF456, the London Emergencies Trust, the We Love Manchester Emergency Fund or the London Bombings Relief Charitable Fund;

F447“Scottish Infected Blood Support Scheme” means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978);

F376...

F389“shared parental leave” means leave under section 75E or 75G of the Employment Rights Act 1996;

F102“the Skipton Fund” means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;

F347“universal credit” means universal credit under Part 1 of the 2012 Act;

F17“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;

“water charges” means—

a

as respects England and Wales, any water and sewerage charges under Chapter 1 of Part V of the Water Industry Act 1991M13;

b

as respects Scotland, any water and sewerage charges under Schedule 11 to the Local Government Finance Act 1992M14;

in so far as such charges are in respect of the dwelling which a person occupies as his home;

F457“the We Love Manchester Emergency Fund” means the registered charity of that name (number 1173260) established on 30th May 2017;

F195“the Welfare Reform Act” means the Welfare Reform Act 2007.

3

In these Regulations, unless the context otherwise requires, a member of F134a couple is referred to as a partner and both members are referred to as partners.

F3773A

References in these Regulations to a claimant participating as a service user are to—

a

a person who is being consulted by or on behalf of—

i

a body which has a statutory duty to provide services in the field of health, social care or social housing; or

ii

a body which conducts research or undertakes monitoring for the purpose of planning or improving such services,

in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; or

F393ab

a person who is being consulted by or on behalf of—

i

the Secretary of State in relation to any of the Secretary of State’s functions in the field of social security or child support or under section 2 of the Employment and Training Act 1973; or

ii

d

has not previously been allocated a national insurance number.

PART IIEntitlement and amount

F175 Persons not in Great Britain2

1

A person is to be treated as not in Great Britain if, subject to the following provisions of this regulation, he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.

2

No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (3).

3

A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following—

a

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

b

regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is—

i

a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or

ii

a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker;

F303bb

regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;

c

Article 6 of Council Directive No.2004/38/EC; F305...

d

F302Article 45 of the Treaty on the Functioning of the European Union (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)F304; or

e

Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).

C14

A person is not to be treated as not in Great Britain if he is—

F381za

a qualified person for the purposes of regulation 6 of the Immigration (European Economic Area) Regulations 2006 as a worker or a self-employed person;

zb

a family member of a person referred to in sub-paragraph (za) within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations;

zc

a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;

F381a

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

F381b

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

F381c

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

F381d

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

F381e

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

F381f

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

g

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;

h

F359a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 (where that leave is—

i

discretionary leave to enter or remain in the United Kingdom;

ii

leave to remain under the Destitution Domestic Violence concession; or

iii

leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005;

F182hh

a person who has humanitarian protection granted under those rules; F360or

i

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;F253...

F361j

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

F361k

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

F423 Persons temporarily absent from Great Britain3

F422Meaning of “qualifying young person”4A

1

A person who has reached the age of 16 but not the age of 20 is a qualifying young person for the purposes of these Regulations—

a

up to, but not including, the 1st September following the person's 16th birthday; and

b

up to, but not including, the 1st September following the person's 19th birthday, if the person is enrolled on, or accepted for, approved training or a course of education—

i

which is not a course of advanced education within the meaning of regulation 12(3) of the Universal Credit Regulations 2013;

ii

which is provided at a school or college or provided elsewhere but approved by the Secretary of State for the purposes of regulation 5 of the Universal Credit Regulations 2013; and

iii

where the average time spent during term time in receiving tuition, engaging in practical work or supervised study or taking examinations exceeds 12 hours per week.

2

Where the young person is aged 19, he or she must have started the education or training or been enrolled on or accepted for it before reaching that age.

3

The education or training referred to in paragraph (1) does not include education or training provided by means of a contract of employment.

4

“Approved training” means training in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 which is approved by the Secretary of State for the purposes of regulation 5 of the Universal Credit Regulations 2013.

5

A person who is receiving universal credit, a contributory employment and support allowance, a contribution-based jobseeker's allowance, an income-related employment and support allowance, an income-based jobseeker's allowance or income support is not a qualifying young person.

a close relative of—

i

the person;

ii

the person's partner; or

iii

a child or qualifying young person normally living with the person,

and the Secretary of State considers that it would be unreasonable to expect the person to return to Great Britain within 4 weeks.

1C

This paragraph applies where the absence is not expected to exceed 26 weeks and is solely in connection with—

a

the person undergoing—

i

treatment for an illness or physical or mental impairment by, or under the supervision of, a qualified practitioner; or

ii

medically approved convalescence or care as a result of treatment for an illness or physical or mental impairment, where the person had that illness or impairment before leaving Great Britain; or

b

the person accompanying his partner or a child or qualifying young person normally living with the person for treatment or convalescence or care as mentioned in sub-paragraph (a).

2

Subject to paragraph (1), partners shall be treated as members of the same household notwithstanding that they are temporarily living apart.

F1913

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

In this regulation—

“a tax credit” includes a child tax credit and a working tax credit;
“the Tax Credits Act” means the Tax Credits Act 2002;
“child tax credit” means a child tax credit under and by virtue of section 8 of the Tax Credits Act;
“working tax credit” means a working tax credit under and by virtue of section 10 of the Tax Credits Act and includes the child care element by virtue of section 12 of that Act.

severe disablement allowance;

e

maternity allowance;

f

payments referred to in regulation 15(5)(d) (maintenance payments).

F196g

contributory employment and support allowance.

Assessed income period10

1

For the purposes of section 6(2)(b) (circumstances in which the Secretary of State is prevented from specifying an assessed income period), the circumstances are—

a

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

b

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.

F24c

that—

i

the Secretary of State has sent the claimant the notification required by regulation 32(6)(a) of the Claims and Payments Regulations; and

ii

the claimant has not provided sufficient information to enable the Secretary of State to determine whether there will be any variation in the claimant’s retirement provision throughout the period of 12 months beginning with the day following the day on which the previous assessed income period ends.

2

The circumstances prescribed for the purposes of section 7(4) (circumstances in which assessed amounts are deemed not to change) are that—

F153a

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

b

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

3

Paragraphs (4) and (5) do not apply where the assessed amount comprises income from capital.

4

Where the Secretary of State is informed that the arrangements under which the assessed amount is paid contains provision—

a

for the payment to be increased periodically;

b

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

c

for determining the amount of the increase,

the assessed amount shall be deemed to increase from the day specified in paragraph (5) by an amount determined by applying those provisions to the amount payable apart from this paragraph.

F985

The day referred to in this paragraph is—

a

in a case to which paragraph (5A) applies—

i

where the first increased payment date is the day on which the benefit week begins, that day;

ii

where head (i) does not apply, the first day of the next benefit week which begins after that increased payment date;

b

in a case to which paragraph (5A) does not apply—

i

where the second increased payment date is the day on which the benefit week begins, that day;

ii

where head (i) does not apply, the first day of the next benefit week following that increased payment date.

5A

This paragraph applies where the period which—

a

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

b

ends on the first increased payment date,

is a period of the same length as the period in respect of which the last payment of the pre-increase assessed amount was made.

5B

In paragraphs (5) and (5A)—

“increased payment date” means a date on which the increase in the assessed amount referred to in paragraph (4) is paid as part of a periodic paymentF154...; and
“pre-increase assessed amount” means the assessed amount prior to that increase.

6

Except where paragraph (4) applies, the assessed amount shall be deemed to increase—

F99a

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

b

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.

7

Where the assessed amount comprises income from capital, it shall be deemed to increase or decrease—

a

on the first day of the next benefit week to commence F25on or after the day on which the income increases or decreases; and

b

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.

F1778

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

Retirement provision in assessed income period11

F2831

Where an element of a person’s retirement provision ceases to be payable by one source but—

a

responsibility for that element is assumed by another source, income from both those sources shall be treated as income from the same source; or

b

in consequence of that element ceasing, income of a different description becomes payable from a different source, that income shall be treated as income of the same description from the same source as the element which ceased to be payable.

F2842

For the purposes of section 7(6) (meaning of retirement provision) of the Act, a foreign state retirement pension is to be treated as a benefit under the 1992 Act.

End of assessed income period12

An assessed income period shall end F414...—

a

F415at such time as the claimant no longer satisfies a condition of entitlement to state pension credit;

b

F416at such time as payments of an element of the claimant’s retirement provision which is due to be paid to him stops temporarily or the amount paid is less than the amount due and in consequence his award of state pension credit is superseded under section 10 of the Social Security Act 1998M18;

c

F417at such time as a claimant who has no partner is provided with accommodation in a care home F124or an independent hospital other than on a temporary basisF418;

F418d

if, apart from this sub-paragraph, it would have ended on a date falling within the period specified in column 1 of the table in Schedule IIIA, on the corresponding date shown against that period in column 2 of that table

Small amounts of state pension credit13

Where the amount of state pension credit payable is less than 10 pence per week, the credit shall not be payable unless the claimant is in receipt of another benefit payable with the credit.

F13Part-weeks13A

1

The guarantee credit shall be payable for a period of less than a week (“a part-week”) at the rate specified in paragraph (3) if—

a

the claimant was entitled to F350universal credit, income supportF197, 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

b

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

F2732

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

3

The amount of the guarantee credit payable in respect of the part-week shall be determined—

a

by dividing by 7 the weekly amount of the guarantee credit whichF274... would be payable in respect of a full week; and then

b

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

F275...

Date on which benefits are treated as paid13B

1

The following benefits shall be treated as paid on the day of the week in respect of which the benefit is payable—

a

severe disablement allowance;

b

short-term and long-term incapacity benefit;

c

maternity allowance;

d

contribution-based jobseeker’s allowanceF351....

F198e

contributory employment and support allowance.

F2762

All benefits except those mentioned in paragraph (1) shall be treated as paid—

a

where the benefit is paid in advance, on the first day of the benefit week in which the benefit is payable;

b

where the benefit is paid in arrears, on the last day of the benefit week in which the benefit is payable.

PART IIIIncome

Calculation of income and capital14

The income and capital of—

a

the claimant; and

b

any partner of the claimant,

shall be calculated in accordance with the rules set out in this Part; and any reference in this Part to the claimant shall apply equally to any partner of the claimant.

Income for the purposes of the Act15

1

For the purposes of section 15(1)(e) (income), all social security benefits are prescribed except—

a

disability living allowance;

F317aa

personal independence payment;

ab

F318armed forces independence payment;

b

attendance allowance payable under section 64 of the 1992 Act;

c

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

d

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 ActM19;

e

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

f

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

g

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

h

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

i

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

j

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

k

Christmas bonus payable under Part X of the 1992 Act;

F26l

housing benefit;

F306m

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

n

F453bereavement support payment under section 30 of the Pensions Act 2014;

o

statutory sick pay;

p

statutory maternity pay;

q

F300ordinary statutory paternity pay payable under Part 12ZA of the 1992 Act;

F401qa

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

F390qb

statutory shared parental pay payable under Part 12ZC of the 1992 Act;

r

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

F492ra

carer’s allowance supplement payable under section 81 of the Social Security (Scotland) Act 2018;

F494rb

early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018;

s

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

F2852

For the purposes of section 15(1)(f) (foreign social security benefits) of the Act, income includes—

a

all foreign social security benefits which are similar to the social security benefits prescribed under paragraph (1), and

b

any foreign state retirement pension.

3

Where the payment of any social security benefit prescribed under paragraph (1)F474, or retirement pension income to which section 16(1)(za) to (e) applies, is subject to any deduction (other than an adjustment specified in paragraph (4)) the amount to be taken into account under paragraph (1)F475, or section 16(1)(za) to (e), shall be the amount before the deduction is made.

4

The adjustments specified in this paragraph are those made in accordance with—

a

the Social Security (Overlapping Benefits) Regulations 1979M20;

F162b

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

c

section 30DD or section 30E of the 1992 ActM21 (reductions in incapacity benefit in respect of pensions and councillor’s allowances).

F199d

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

F476e

section 14 of the Pensions Act 2014 (pension sharing: reduction in the sharer’s section 4 pension);

f

section 45B or 55B of the Social Security Contributions and Benefits Act 1992 (reduction of additional pension in Category A retirement pension and shared additional pension: pension sharing).

5

For the purposes of section 15(1)(j) (income to include income of prescribed descriptions), income of the following descriptions is prescribed—

F226a

a payment made—

i

under article 30 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, in any case where article 30(1)(b) applies; or

ii

under article 12(8) of that Order, in any case where sub-paragraph (b) of that article applies;

F109aa

a guaranteed income payment;

ab

a payment made under article 21(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005F227, in any case where article 23(2)(c) applies;

F228ac

any retired pay, pension or allowance granted in respect of disablement or any pension or allowance granted to a widow, widower or surviving civil partner in respect of a death due to service or war injury under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003, where such payment does not fall within paragraph (a) of the definition of “war disablement pension” in section 17(1) of the State Pension Credit Act 2002 or, in respect of any retired pay or pension granted in respect of disablement, where such payment does not fall within paragraph (b) of that definition;

F441b

a pension paid by a government to victims of National Socialist persecution;

c

payments under a scheme made under the Pneumoconiosis etc. (Worker’s Compensation) Act 1979M22;

d

payments made towards the maintenance of the claimant by his spouseF135, civil partner, former spouse or former civil partner or towards the maintenance of the claimant’s partner by his spouseF135, civil partner, former spouse or former civil partner, including payments made—

i

under a court order;

ii

under an agreement for maintenance; or

iii

voluntarily;

e

payments due from any person in respect of board and lodging accommodation provided by the claimantF118...;

F248f

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

F249g

any payment in respect of any—

i

book registered under the Public Lending Right Scheme 1982; or

ii

work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;

F27h

any income in lieu of that specified in—

i

paragraphs (a) to (i) of section 15(1) of the Act, or

ii

in this regulation;

i

any payment of rent made to a claimant who—

i

owns the freehold or leasehold interest in any property or is a tenant of any property;

ii

occupies part of that property; and

iii

has an agreement with another person allowing that person to occupy that property on payment of rent.

F105j

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

F158k

PPF periodic payments.

F2656

For the purposes of section 15(2) (deemed income from capital) and subject to regulation 17(8) (capital to be disregarded), a claimant’s capital shall be deemed to yield a weekly income of—

a

£1 for each £500 in excess of £10,000; and

b

£1 for any excess which is not a complete £500.

F2667

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

F2668

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

Retirement pension income16

There shall be added to the descriptions of income listed in section 16(1) (retirement pension income) the following F28paragraphs—

k
any sum payable by way of pension out of money provided under the Civil List Act 1837M23, the Civil List Act 1937M24, the Civil List Act 1952M25, the Civil List Act 1972 M26 or the F29Civil List Act 1975M27F30;
1
any payment, other than a payment ordered by a court or made in settlement of a claim, made by or on behalf of a former employer of a person on account of the early retirement of that person on grounds of ill-health or disability.
F106m
any payment made at regular intervals under an equity release scheme.
F155n
any payment made under the Financial Assistance Scheme Regulations 2005.

Calculation of weekly income17

1

Except where paragraph (2) and (4) apply, for the purposes of calculating the weekly income of the claimant, where the period in respect of which a payment is made—

a

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

b

exceeds a week, the amount to be included in the claimant’s weekly income shall be determined—

i

in a case where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;

ii

in a case where that period is three months, by multiplying the amount of the payment by 4 and dividing the product by 52;

iii

in a case where that period is a year, by dividing the amount of the payment by 52;

iv

in any other case, by multiplying the amount of the payment by 7 and dividing the product by the number of days in the period in respect of which it is made.

2

Where—

a

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

b

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

the weekly amount of that claimant’s income shall be determined—

i

if, in a case to which sub-paragraph (a) applies, there is a recognised cycle of work, by reference to his average weekly income over the period of the complete cycle (including, where the cycle involves periods in which the claimant does no work, those periods but disregarding any other absences); or

ii

in any other case, on the basis of—

aa

the last two payments if those payments are one month or more apart;

bb

the last four payments if the last two payments are less than one month apart; or

cc

such other payments as may, in the particular circumstances of the case, enable the claimant’s average weekly income to be determined more accurately.

3

For the purposes of paragraph (2)(b) the last payments are the last payments before the date the claim was made or treated as made or, if there is a subsequent supersession under section 10 of the Social Security Act 1998 M28, the last payments before the date of the supersession.

4

If a claimant is entitled to receive a payment to which paragraph (5) applies, the amount of that payment shall be treated as if made in respect of a period of a year.

5

This paragraph applies to—

F250a

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

F251b

any payment in respect of any—

i

book registered under the Public Lending Right Scheme 1982; or

ii

work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;

c

any payment which is made on an occasional basis.

6

Where payments are made in a currency other than Sterling, the value of the payment shall be determined by taking the Sterling equivalent on the date the payment is made.

7

Income specified in Schedule IV is to be disregarded in the calculation of a claimant’s income.

8

Schedule V shall have effect so that—

a

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

b

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

F319

The sums specified in Schedule VI shall be disregarded in calculating—

a

the claimant’s earnings; and

b

F252any amount to which paragraph (5) applies where the claimant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work referred to in paragraph (5)(b).

9A

For the purposes of paragraph (9)(b), and for that purpose only, the amounts specified in paragraph (5) shall be treated as though they were earnings.

10

F33Subject to regulation F3417B(6) (deduction of tax and contributions for self-employed earners), in the case of any income taken into account for the purpose of calculating a person’s income, there shall be disregarded—

a

any amount payable by way of tax;

b

any amount deducted by way of National Insurance Contributions under the 1992 Act or under the Social Security Contributions and Benefits (Northern Ireland) Act 1992M29;

F35c

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

F3211

In the case of the earnings of self-employed earners, the amounts specified in paragraph (10) shall be taken into account in accordance with paragraph (4) or, as the case may be, paragraph (10) of regulation 13 of the Computation of Earnings Regulations, as having effect in the case of state pension credit.

1

For the purposes of state pension credit, the provisions of this regulation which relate to the earnings of employed earners, shall have effect in place of those prescribed for such earners in the Computation of Earnings Regulations.

2

Subject to paragraphs F37(3), (4) and (4A), “earnings” in the case of employment as an employed earner, means any remuneration or profit derived from that employment and includes—

a

any bonus or commission;

b

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;

c

any payment in lieu of notice;

d

any holiday pay;

e

any payment by way of a retainer;

f

any payment made by the claimant’s employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the claimant’s employer in respect of—

i

travelling expenses incurred by the claimant between his home and place of employment;

ii

expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant’s absence from home;

g

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;

h

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

F301i

F402... statutory paternity pay payable under Part 12ZA of the 1992 Act;

F403ia

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

F391ib

statutory shared parental pay payable under Part 12ZC of the 1992 Act;

j

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

k

any sums payable under a contract of service—

i

for incapacity for work due to sickness or injury; or

ii

by reason of pregnancy or confinement.

3

“Earnings” shall not include—

a

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

b

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

c

any occupational pension;

d

any lump sum payment made under the Iron and Steel Re-adaptation Benefits SchemeF38;

e

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

F259f

any payment in respect of expenses arising out of the F378claimant participating as a service user.

4

Paragraph (3)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (2)(g).

F364A

One half of any sum paid by a claimant by way of a contribution towards an occupational pension scheme or a personal pension scheme shall, for the purpose of calculating his earnings in accordance with this regulation, be disregarded.

5

In this regulation “employed earner” means a person who is gainfully employed in Great Britain either under a contract of service, or in an office (including elective office) with emoluments chargeable to income tax under Schedule E.

Where a benefit or allowance in payment in respect of the claimant would be adjusted under the Social Security (Overlapping Benefits) Regulations 1979 if the retirement pension income had been claimed, he shall be treated as possessing that income minus the benefit or allowance in payment.

1CB

Where a benefit or allowance in payment in respect of the claimant would require an adjustment to be made under the Social Security (Overlapping Benefits) Regulations 1979 to the amount of retirement pension income payable had it been claimed, he shall be treated as possessing that retirement pension income minus the adjustment which would be made to it.

F1811D

A claimant who has attained the qualifying age shall be treated as possessing income from an occupational pension scheme which he elected to defer, but only from the date on which it could be expected to be acquired if a claim for it were made.

2

Where a person, F277who has attained the qualifying age, is a person entitled to money purchase benefits under an occupational pension scheme or a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, and—

a

he fails to purchase an annuity with the funds available in that scheme where—

i

he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder;

ii

he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid; or

iii

income withdrawal is not available to him under that scheme; or

b

b

in a case where there is such a prohibition, at the price which it would realise if sold in the United Kingdom to a willing buyer,

less, where there would be expenses attributable to sale, 10 per cent., and the amount of any encumbrance secured on it.

Notional capital21

F411

A claimant shall be treated as possessing capital of which he has deprived himself for the purpose of securing entitlement to state pension credit or increasing the amount of that benefit except to the extent that the capital which he is treated as possessing is reduced in accordance with regulation 22 (diminishing notional capital rule).

F1002

A person who disposes of a capital resource for the purpose of—

a

reducing or paying a debt owed by the claimant; or

b

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

shall be regarded as not depriving himself of it.

F403

Where a claimant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he shall be treated as if he were such sole owner or partner and in such a case—

a

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

b

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.

4

For so long as a claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (3) shall be disregarded.

5

Where under this regulation a person is treated as possessing capital, the amount of that capital shall be calculated in accordance with the provisions of this Part as if it were actual capital which he does possess.

Diminishing notional capital rule22

1

Where a claimant is treated as possessing capital under regulation 21(1) (notional capital), the amount which he is treated as possessing—

a

in the case of a week that is subsequent to—

i

the relevant week in respect of which the conditions set out in paragraph (2) are satisfied, or

ii

a week which follows that relevant week and which satisfies those conditions,

shall be reduced by an amount determined under paragraph (2);

b

in the case of a week in respect of which sub-paragraph (1)(a) does not apply but where—

i

that week is a week subsequent to the relevant week, and

ii

that relevant week is a week in which the condition in paragraph (3) is satisfied,

shall be reduced by the amount determined under paragraph (3).

2

This paragraph applies to a benefit week where the claimant satisfies the conditions that—

a

he is in receipt of state pension credit; and

b

iii

the date on which he last ceased to be in receipt of state pension credit,

whichever last occurred; and

b

the claimant would have been entitled to state pension credit but for regulation F4221(1).

6

The amount as re-determined pursuant to paragraph (4) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.

7

For the purpose of this regulation—

a

“relevant week” means the benefit week in which the capital in question of which the claimant has deprived himself within the meaning of regulation F4221(1)—

i

was first taken into account for the purpose of determining his entitlement to state pension credit; or

ii

was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to state pension credit on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, state pension credit;

and where more than one benefit week is identified by reference to heads (i) and (ii) of this sub-paragraph the later or latest such benefit week;

b

“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.

Capital jointly held23

Where a claimant and one or more persons are beneficially entitled in possession to any capital asset they shall be treated as if each of them were entitled in possession to the whole beneficial interest therein in an equal share and the foregoing provisions of this Part shall apply for the purposes of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.

Income paid to third parties24

1

Any payment of income, other than a payment specified in F294paragraphs (2) or (3), to a third party in respect of the claimant shall be treated as possessed by the claimant.

2

Paragraph (1) shall not apply in respect of a payment of income made under an occupational pension scheme or in respect of a pension or other periodical payment made under a personal pension scheme where—

a

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 M32;

b

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

c

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.

F2953

Paragraph (1) shall not apply in respect of any payment of income arising out of the F380claimant participating as a service user.

F15Rounding of fractions24A

Where any calculation under this Part results in a fraction of a penny that fraction shall, if it would be to the claimant’s advantage, be treated as a penny; otherwise it shall be disregarded.

PART IVLoss of benefit

Loss of benefit25

1

The Social Security (Loss of Benefit) Regulations 2001 M33 shall be amended in accordance with the following provisions of this regulation.

2

In regulation 2 (disqualification period), in—

i

paragraph (1) (a)(iii) and paragraph (3) (c) after the words “jobseeker’s allowance”, insert “ , state pension credit ”; and

ii

paragraph (1) (b)(iii) for the words “or jobseeker’s allowance”, substitute “ jobseeker’s allowance or state pension credit ”.

3

After regulation 3, insert—

Reduction in state pension credit3A
1
Subject to the following provisions of this regulation, state pension credit shall be payable in the case of an offender for any week comprised in the disqualification period or in the case of an offender’s family member for any week comprised in the relevant period, as if the rate of benefit were reduced—
a
where the offender or the offender’s family member is pregnant or seriously ill, by 20 per cent. of the relevant sum; or
b
where sub-paragraph (a) does not apply, by 40 per cent. of the relevant sum.
2
In paragraph (1), the “relevant sum” is the amount applicable—
a
except where sub-paragraph (b) applies, in respect of a single claimant aged not less than 25 under paragraph 1(1) of Schedule 2 to the Income Support Regulations; or
b
if the claimant’s family member is the offender and the offender has not attained the age of 25, the amount applicable in respect of a person of the offender’s age under paragraph 1(1) of Part I of that Schedule,
on the first day of the disqualification period or, as the case may be, on the first day of the relevant period.
3
Payment of state pension credit shall not be reduced under this regulation to less than 10 pence per week.
4
A reduction under paragraph (1) shall, if it is not a multiple of 5 pence, be rounded to the nearest such multiple or, if it is a multiple of 2.5 pence but not of 5 pence, to the next lower multiple of 5 pence.
5
Where the rate of state pension credit payable to an offender or an offender’s family member changes, the rules set out above for a reduction in the credit payable shall be applied to the new rate and any adjustment to the reduction shall take effect from the first day of the first benefit week to start after the date of change.
6
In paragraph (5), “benefit week” has the same meaning as in regulation 1(2) of the State Pension Credit Regulations 2002.
7
A person of a prescribed description for the purposes of the definition of “family” in section 137(1) of the Benefits Act as it applies for the purpose of this regulation is—
a
a person who is an additional spouse for the purposes of section 12(1) of the State Pension Credit Act 2002 M34 (additional spouse in the case of polygamous marriages);
b
a person aged 16 or over who is treated as a child for the purposes of section 142 of the Benefits Act.

Signed by authority of the Secretary of State for Work and Pensions.

Ian McCartneyMinister of State,Department for Work and Pensions

SCHEDULE I

Regulation 6(4)

PART ICircumstances in which persons are treated as being or not being severely disabled

Severe disablement1

1

For the purposes of regulation 6(4) (additional amounts for persons severely disabled), the claimant is to be treated as being severely disabled if, and only if—

a

in the case of a claimant who has no partner—

i

he is in receipt of attendance allowanceF326, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF327or armed forces independence payment; and

ii

no person who has attained the age of 18 is normally residing with the claimant, nor is the claimant normally residing with such a person, other than a person to whom paragraph 2 applies; and

iii

no person is entitled to and in receipt of an allowance under section 70 of the 1992 Act (F49carer’s allowance)F405, or has an award of universal credit which includes the carer element, in respect of caring for him;

b

in the case of a claimant who has a partner—

i

both partners are in receipt of attendance allowanceF324, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF325or armed forces independence payment; and

ii

no person who has attained the age of 18 is normally residing with the partners, nor are the partners normally residing with such a person, other than a person to whom paragraph 2 applies;

and either a person is entitled to, and in receipt of, an allowance under section 70 of the 1992 ActF406, or has an award of universal credit which includes the carer element, in respect of caring for one only of the partners or, as the case may be, no person is entitled to, and in receipt of, such an allowance F407under section 70, or has an award of universal credit which includes the carer element, in respect of caring for either partner;

c

in the case of a claimant who has a partner and to whom head (b) does not apply—

i

either the claimant or his partner is in receipt of attendance allowanceF322, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF323or armed forces independence payment; and

F382ii

the other partner is certified as severely sight impaired or blind by a consultant ophthalmologist; and

iii

no person who has attained the age of 18 is normally residing with the partners, nor are the partners normally residing with such a person, other than a person to whom paragraph 2 applies; and

iv

no person is entitled to and in receipt of an allowance under section 70 of the 1992 ActF408, or has an award of universal credit which includes the carer element, in respect of caring for the person to whom head (c) (i) above applies.

2

A person shall be treated—

a

for the purposes of sub-paragraph (1) as being in receipt of attendance allowance or, as the case may beF320, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF321or armed forces independence payment, for any period—

i

before an award is made but in respect of which the allowance F319or payment is awarded; or

ii

not covered by an award but in respect of which a payment is made in lieu of an award;

b

for the purposes of sub-paragraph (1)(b) as being in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance section F5072(3) of the 1992 Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

F328ba

for the purposes of sub-paragraph (1)(b) as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act if he would, but for regulations made under section 86(1) (hospital in-patients) of that Act, be so in receipt;

c

for the purposes of sub-paragraph (1), as not being in receipt of an allowance under section 70 of the 1992 ActF409, or as having an award of universal credit which includes the carer element, for any period before F185the date on which the award is first paid.

F3833

For the purposes of sub-paragraph (1)(c)(ii), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the requirements set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.

F4104

For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 29 of the Universal Credit Regulations 2013.

Subject to paragraph 3(3), a person who is a partner of a person to whom sub-paragraph (6) applies.

3

1

For the purposes of paragraphs 1 and 2, a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area, but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord.

2

In sub-paragraph (1), “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.

3

Paragraph 2(6) and (7) applies to a person who is a close relative of the claimant or his partner only if the claimant or his partner’s co-ownership, or joint liability to make payments to a landlord in respect of his occupation, of the dwelling arose either before 11th April 1988, or, if later, on or before the date upon which the claimant or the claimant’s partner first occupied the dwelling in question.

PART IIAmount applicable for carers

4

1

For the purposes of regulation 6(6)(a), this paragraph is satisfied if any of the requirements specified in sub-paragraphs (2) to (4) are met.

2

A claimant is, or in the case of partners either partner is, or both partners are, entitled to an allowance under section 70 of the 1992 Act (F52carer’s allowance).

3

Where an additional amount has been awarded under regulation 6(6)(a) but

a

the person in respect of whose care the allowance has been awarded dies; or

b

the person in respect of whom the additional amount was awarded ceases to be entitled or ceases to be treated as entitled to the allowance,

this paragraph shall be treated as satisfied for a period of 8 weeks from the relevant date specified in sub-paragraph (4).

4

The relevant date for the purposes of F53sub-paragraph (3) is —

a

the Sunday following the death of the person in respect of whose care the allowance has been awarded (or beginning with the date of death if the death occurred on a Sunday);

b

where sub-paragraph (a) does not apply, the date on which the person who has been entitled to the allowance ceases to be entitled to that allowance.

5

For the purposes of paragraph 4, a person shall be treated as being entitled to and in receipt of an allowance under section 70 of the 1992 Act for any period not covered by an award but in respect of which a payment is made in lieu of an award.

PART IIIAmount applicable for former claimants of income supportF205, income-based jobseeker's allowance or income-related employment and support allowance

Annotations:

Amendments (Textual)

F205

Words in Sch. I para. 6 heading substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 4(7)(a)

6

1

If on the relevant day the relevant amount exceeds the provisional amount, an additional amount (“the transitional amount”) equal to the difference shall be applicable to a claimant to whom sub-paragraph (2) applies.

2

This sub-paragraph applies to a claimant who, in respect of the day before the relevant day, was entitled to either income supportF200, an income-based jobseeker's allowance or an income-related employment and support allowance.

3

The relevant day is the day in respect of which the claimant is first entitled to state pension credit.

4

The provisional amount means the amount of the appropriate minimum guarantee applicable to the claimant on the relevant day but for this paragraph.

5

The relevant amount means the amount which, on the day before the relevant day, was the claimant’s applicable amount—

a

for the purposes of determining his entitlement to income support; F201...

b

for the purpose of determining his entitlement to an income-based jobseeker’s allowanceF202; or

c

for the purposes of determining his entitlement to income-related employment and support allowance,

less any of the following amounts included in it—

i

any amount determined in accordance with paragraph 2 of Schedule 2 to the Income Support Regulations or paragraph 2 of Schedule 1 to the Jobseeker’s Allowance Regulations;

ii

any amount by way of a residential allowance applicable in accordance with paragraph 2A of Schedule 2 to the Income Support Regulations or paragraph 3 of Schedule 1 to the Jobseeker’s Allowance Regulations;

iii

any amount by way of family premium applicable in accordance with paragraph 3 of Schedule 2 to the Income Support Regulations or paragraph 4 of Schedule 1 to the Jobseeker’s Allowance Regulations;

iv

any amount by way of disabled child premium applicable in accordance with paragraph 14 of Schedule 2 to the Income Support Regulations or paragraph 16 of Schedule 1 to the Jobseeker’s Allowance Regulations; and

v

any amount in respect of a person other than the claimant or his partner by way of enhanced disability premium applicable in accordance with paragraph 13A of Schedule 2 to the Income Support RegulationsF203, paragraph 7 of Schedule 4 to the Employment and Support Allowance Regulations or paragraph 15A of Schedule 1 to the Jobseeker’s Allowance RegulationsM35.

6

In determining the relevant amount under sub-paragraph (5), the applicable amount shall be increased by an amount equal to the amount (if any) payable to the claimant in accordance with Part II of the Income Support (Transitional) Regulations 1987 M36 (transitional protection) or regulation 87(1) of the Jobseeker’s Allowance Regulations (transitional supplement to income-based jobseeker’s allowance).

7

If—

a

paragraph 1 of Schedule 7 to the Income Support Regulations or paragraph 1 of Schedule 5 to the Jobseeker’s Allowance F43Regulations applied to the claimant or his partner on the day before the relevant day; but

b

11

Where sub-paragraph (10) applies, the transitional amount shall be calculated or, as the case may be, recalculated, on the relevant anniversary date determined in accordance with paragraph 7(4C) of Schedule II (“the relevant anniversary date”) on the basis that the provisional amount on the relevant day included, in respect of housing costs, the amount calculated in accordance with paragraph 7(1) of Schedule II as applying from the relevant anniversary date and not the amount in respect of housing costs determined on the basis of the amount of the loan calculated in accordance with paragraph 7(4A) of that Schedule.

12

The transitional amount as calculated in accordance with sub-paragraph (11) shall only be applicable from the relevant anniversary date.

SCHEDULE II HOUSING COSTS

Regulation 6(6)(c)

For the purpose of sub-paragraphs (4) to (7) a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord.

9

In sub-paragraph (8), “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.

Remunerative work2

1

Subject to the following provisions of this paragraph, a person shall be treated for the purposes of this Schedule as engaged in remunerative work if he is engaged, or, where his hours of work fluctuate, he is engaged on average, for not less than 16 hours a week, in work for which payment is made or which is done in expectation of payment.

2

Subject to sub-paragraph (3), in determining the number of hours for which a person is engaged in work where his hours of work fluctuate, regard shall be had to the average of hours worked over—

a

if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does no work, those periods but disregarding any other absences);

b

in any other case, the period of 5 weeks immediately prior to the date of claim, or such other length of time as may, in the particular case, enable the person’s weekly average hours of work to be determined more accurately.

3

Where, for the purposes of sub-paragraph (2)(a), a person’s recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.

4

Where no recognisable cycle has been established in respect of a person’s work, regard shall be had to the number of hours or, where those hours will fluctuate, the average of the hours, which he is expected to work in a week.

5

A person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in sub-paragraph (1) if the absence is either without good cause or by reason of a recognised, customary or other holiday.

6

A person on income support or an income-based jobseeker’s allowance for more than 3 days in any benefit week shall be treated as not being in remunerative work in that week.

7

A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leaveF57, paternity leaveF392, shared parental leave or adoption leave, or is absent from work because he is ill.

8

A person shall not be treated as engaged in remunerative work on any day on which he is engaged in an activity in respect of which—

a

a sports award has been made, or is to be made, to him; and

b

no other payment is made or is expected to be made to himF58,

and for the purposes of this sub-paragraph, “sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993 out of sums allocated to it for distribution under that section

9

In this paragraph “benefit week”—

a

in relation to income support, has the same meaning as in regulation 2(1) of the Income Support Regulations;

b

in relation to jobseeker’s allowance, has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations.

Circumstances in which a person is liable to meet housing costs3

A person is liable to meet housing costs where—

a

the liability falls upon him or his partner but not where the liability is to a member of the same household as the person on whom the liability falls;

b

because the person liable to meet the housing costs is not meeting them, the claimant has to meet those costs in order to continue to live in the dwelling occupied as the home and it is reasonable in all the circumstances to treat the claimant as liable to meet those costs;

c

he in practice shares the housing costs with other members of the household none of whom are close relatives either of the claimant or his partner, and

i

one or more of those members is liable to meet those costs, and

ii

it is reasonable in the circumstances to treat him as sharing responsibility.

Circumstances in which a person is to be treated as occupying a dwelling as his home4

1

Subject to the following provisions of this paragraph, a person shall be treated as occupying as his home the dwelling normally occupied as his home by himself or, if he has a partner, by himself and his partner, and he shall not be treated as occupying any other dwelling as his home.

2

In determining whether a dwelling is the dwelling normally occupied as the claimant’s home for the purposes of sub-paragraph (1) regard shall be had to any other dwelling occupied by the claimant or by him and his partner whether or not that other dwelling is in Great Britain.

3

Subject to sub-paragraph (4), where a claimant who has no partner is a full-time student or is on a training course and is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling which he occupies for the purpose of attending his course of study or his training course or, as the case may be, the dwelling which he occupies when not attending his course, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.

4

A full-time student shall not be treated as occupying a dwelling as his home for any week of absence from it, other than an absence occasioned by the need to enter hospital for treatment, outside the period of study, if the main purpose of his occupation during the period of study would be to facilitate attendance on his course.

5

Where a claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as his home and he is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling normally occupied or the temporary accommodation, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make those payments.

6

Where a person is liable to make payments in respect of two (but not more than two) dwellings, he shall be treated as occupying both dwellings as his home only—

a

where he has left and remains absent from the former dwelling occupied as the home through fear of violence in that dwelling or of violence by a close relative or former partner and it is reasonable that housing costs should be met in respect of both his former dwelling and his present dwelling occupied as the home; or

b

in the case of partners, where one partner is a full-time student or is on a training course and it is unavoidable that he or they should occupy two separate dwellings and reasonable that housing costs should be met in respect of both dwellings; or

c

in the case where a person has moved into a new dwelling occupied as the home, except where sub-paragraph (5) applies, for a period not exceeding four benefit weeks F184from the first day of the benefit week where the move takes place on that day, but if it does not, from the first day of the next following benefit week if his liability to make payments in respect of two dwellings is unavoidable.

7

Where—

a

a person has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in; and

b

he had claimed state pension credit before moving in and either that claim has not yet been determined or it has been determined but—

i

an amount has not been included under this Schedule; or

ii

the claim has been refused and a further claim has been made within four weeks of the date on which the claimant moved into the new dwelling occupied as the home; and

c

the delay in moving into the dwelling in respect of which there was liability to make payments before moving in was reasonable and—

i

that delay was necessary in order to adapt the dwelling to meet the disablement needs of the claimant, his partner or a person under the age of F16620 for whom either the claimant or his partner is responsible; or

ii

the move was delayed pending F312local welfare provision or the outcome of an application under Part VIII of the 1992 Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling; or

iii

the person became liable to make payments in respect of the dwelling while he was a patient or was in a care home F125or an independent hospital,

he shall be treated as occupying the dwelling as his home for any period not exceeding four weeks immediately prior to the date on which he moved into the dwelling and in respect of which he was liable to make payments.

F1268

This sub-paragraph applies to a person who enters a care home or an independent hospital—

a

for the purpose of ascertaining whether that care home or independent hospital suits his needs, and

b

with the intention of returning to the dwelling which he normally occupies as his home should, in the event that, the care home or independent hospital prove not to suit his needs,

and while in the care home or independent hospital, the part of the dwelling which he normally occupies as his home is not let, or as the case may be, sub-let to another person.

9

A person to whom sub-paragraph (8) applies shall be treated as occupying the dwelling he normally occupies as his home during any period (commencing with the day he enters the F127care home or independent hospital) not exceeding 13 weeks in which the person is resident in the F127care home or independent hospital, but only in so far as the total absence from the dwelling does not exceed 52 weeks.

10

A person, other than a person to whom sub-paragraph (1l) applies, shall be treated as occupying a dwelling as his home throughout any period of absence not exceeding 13 weeks, if, and only if—

a

he intends to return to occupy the dwelling as his home; and

b

the part of the dwelling normally occupied by him has not been let or, as the case may be, sub-let to another person; and

c

the period of absence is unlikely to exceed 13 weeks.

11

This sub-paragraph applies to a person whose absence from the dwelling he normally occupies as his home is temporary and—

a

he intends to return to occupy the dwelling as his home; and

b

while the part of the dwelling which is normally occupied by him has not been let or, as the case may be, sub-let; and

c

he is—

F110i

detained in custody on remand pending trial or, as a condition of bail, required to reside—

aa

in a dwelling, other than the dwelling he occupies as his home; or

bb

in premises approved under F219section 13 of the Offender Management Act 2007 ,

or, detained pending sentence upon conviction; or

ii

resident in a hospital or similar institution as a patient; or

iii

undergoing or, as the case may be, his partner or a person who has not attained the age of F16720 and who is dependent on him or his partner is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than in a care home F128or an independent hospital; or

iv

following, in the United Kingdom or elsewhere, a training course; or

v

undertaking medically approved care of a person residing in the United Kingdom or elsewhere; or

vi

undertaking the care of a person under the age of F16820 whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment, or

vii

a person who is, whether in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than a care home F129or an independent hospital; or

viii

a full-time student to whom sub-paragraph (3) or (6)(b) does not apply; or

ix

a person, other than a person to whom sub-paragraph (8) applies, who is receiving care provided in a care home F130or an independent hospital; or

x

a person to whom sub-paragraph (6)(a) does not apply and who has left the dwelling he occupies as his home through fear of violence in that dwelling, or by a person who was formerly his partner or is a close relative; and

d

the period of his absence is unlikely to exceed a period of 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.

12

A person to whom sub-paragraph (11) applies is to be treated as occupying the dwelling he normally occupies as his home during any period of absence not exceeding 52 weeks beginning with the first day of that absence.

13

In this paragraph—

a

“medically approved” means certified by a medical practitioner;

b

“training course” means such a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, F255Skills Development Scotland, Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.

Housing costs not met5

1

No amount may be met under the provisions of this Schedule—

a

in respect of housing benefit expenditure; or

b

where the claimant is in accommodation which is a care home F131or an independent hospital except where he is in such accommodation during a temporary absence from the dwelling he occupies as his home and in so far as they relate to temporary absences, the provisions of paragraph 4(8) to (12) apply to him during that absence.

F591A

In paragraph (1), “housing benefit expenditure” means expenditure in respect of which housing benefit is payable as specified in regulation 10(1) of the Housing Benefit (General) Regulations 1987 but does not include any such expenditure in respect of which an additional amount is applicable under regulation 6(6)(c) (housing costs).

F4872

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

F4873

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

F4874

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

F4875

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

F4876

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

F4877

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

F4878

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

F4879

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

F48710

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

F48711

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

F48712

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

F48713

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

Apportionment of housing costs6

1

Where the dwelling occupied as the home is a composite hereditament and—

a

before 1st April 1990 for the purposes of section 48(5) of the General Rate Act 1967 (reduction of rates on dwellings), it appeared to a rating authority or it was determined in pursuance of subsection (6) of section 48 of that Act that the hereditament, including the dwelling occupied as the home, was a mixed hereditament and that only a proportion of the rateable value of the hereditament was attributable to use for the purpose of a private dwelling; or

b

in Scotland, before 1st April 1989 an assessor acting pursuant to section 45(1) of the Water (Scotland) Act 1980 (provision as to valuation roll) has apportioned the net annual value of the premises including the dwelling occupied as the home between the part occupied as a dwelling and the remainder,

the additional amount applicable under this Schedule shall be such proportion of the amounts applicable in respect of the hereditament or premises as a whole as is equal to the proportion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private tenancy or, in Scotland, the proportion of the net annual value of the premises apportioned to the part occupied as a dwelling house.

2

Subject to sub-paragraph (1) and the following provisions of this paragraph, where the dwelling occupied as the home is a composite hereditament, the additional amount applicable under this Schedule shall be the relevant fraction of the amount which would otherwise be applicable under this Schedule in respect of the dwelling occupied as the home.

C73

For the purposes of sub-paragraph (2), the relevant fraction shall be obtained in accordance with the formula—

\frac{A}{A + B}

where—

“A” is the current market value of the claimant’s interest in that part of the composite hereditament which is domestic property within the meaning of section 66 of the Act of 1988;

“B” is the current market value of the claimant’s interest in that part of the composite hereditament which is not domestic property within that section.

4

In this paragraph—

“composite hereditament” means—

a

as respects England and Wales, any hereditament which is shown as a composite hereditament in a local non-domestic rating list;

b

as respects Scotland, any lands and heritages entered in the valuation roll which are part residential subjects within the meaning of section 26(1) of the Act of 1987;

“local non-domestic rating list” means a list compiled and maintained under section 41(1) of the Act of 1988;

“the Act of 1987” means the Abolition of Domestic Rates Etc. (Scotland) Act 1987 M38;

“the Act of 1988” means the Local Government Finance Act 1988 M39.

5

Where responsibility for expenditure which relates to housing costs met under this Schedule is shared, the additional amounts applicable under this Schedule shall be calculated by reference to the appropriate proportion of that expenditure for which the claimant is responsible.

The calculation for loansF4847

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

General provisions applying to housing costsF4848

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

The standard rateF4849

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

Excessive Housing CostsF48410

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

Loans on residential propertyF48411

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

Loans for repairs and improvements to the dwelling occupied as the homeF48412

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

that work was not the responsibility of the claimant or his partner; and

c

h

provision of electric lighting and sockets;

i

provision of storage facilities for fuel or refuse;

j

repairs of unsafe structural defects;

k

adapting a dwelling for the special needs of a disabled person; or

l

provision of separate sleeping accommodation for persons of different sexes aged 10 or over but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible.

any payment in kind.

F465d

any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.

F3539

For the purposes of sub-paragraph (7)(h), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

Rounding of fractions15

Where any calculation made under this Schedule results in a fraction of a penny, that fraction shall be treated as a penny.

F499SCHEDULE IIAAdditional amount applicable for claimants responsible for a child or qualifying young person

Regulation 6(6)(d)

Annotations:

Amendments (Textual)

F499

Sch. 2A inserted (1.2.2019) by The State Pension Credit (Additional Amount for Child or Qualifying Young Person) (Amendment) Regulations 2018 (S.I. 2018/676), regs. 1, 2(4)

General

1

This Schedule applies to a claimant who is responsible for a child or qualifying young person.

2

1

In this Schedule—

“child” means a person under the age of 16;
“qualifying young person” has the meaning given in regulation 4A.

2

Whether a claimant is responsible for a child or qualifying young person for the purposes of this Schedule is determined in accordance with paragraphs 3 to 8.

Child or qualifying young person normally living with the claimant3

1

Subject to sub-paragraph (2), a claimant is responsible for a child or qualifying young person who normally lives with the claimant.

2

A claimant is not responsible for a qualifying young person if the two of them are living as a couple.

3

Where a child or qualifying young person normally lives with two or more persons who are not a couple, only one of them is to be treated as responsible, and that is the person who has the main responsibility for that child or qualifying young person.

4

The persons referred to in sub-paragraph (3) may jointly nominate for the purposes of this Schedule which of them has the main responsibility for the child or qualifying young person, but the Secretary of State may determine that question—

a

if there is no joint nomination; or

b

if a nomination or change of nomination does not, in the opinion of the Secretary of State, reflect the arrangements between those persons.

Child or qualifying young person looked after by a local authority4

1

Except where sub-paragraph (3) applies, a claimant is to be treated as not being responsible for a child or qualifying young person during any period when the child or qualifying young person is looked after by a local authority.

2

A child or qualifying young person is treated as looked after by a local authority for the purposes of sub-paragraph (1) if that child or qualifying young person is looked after by a local authority within the meaning of section 22 of the Children Act 1989, section 17(6) of the Children (Scotland) Act 1995 or section 74 of the Social Services and Well-being (Wales) Act 2014.

3

This sub-paragraph applies to any period—

a

which is in the nature of a planned short term break, or is one of a series of such breaks, for the purpose of providing respite for the person who normally cares for the child or qualifying young person; or

b

during which the child or qualifying young person is placed with, or continues to live with, their parent or a person who has parental responsibility for them.

4

For the purposes of sub-paragraph (3), a person has parental responsibility if they are not a foster parent and—

a

in England and Wales, they have parental responsibility within the meaning of section 3 of the Children Act 1989, or

b

in Scotland, they have any or all of the legal responsibilities or rights described in sections 1 or 2 of the Children (Scotland) Act 1995.

Prisoners5

The claimant is to be treated as not being responsible for a child or qualifying young person during any period when the child or qualifying young person is a prisoner.

Temporary absence in Great Britain6

A claimant is to be treated as not being responsible for a child or qualifying young person during periods of temporary absence of the child or qualifying young person in Great Britain if the period of absence is likely to exceed 52 weeks, except where there are exceptional circumstances (for example, the child or qualifying young person is in hospital), and the absence is unlikely to be substantially more than 52 weeks.

the claimant;

ii

the claimant’s partner; or

iii

a child or qualifying young person normally living with the claimant,

and the Secretary of State considers that it would be unreasonable to expect the child or qualifying young person to return to Great Britain within 4 weeks.

3

This sub-paragraph applies where the absence of the child or qualifying young person is solely in connection with—

a

the child or qualifying young person undergoing—

i

treatment for an illness or physical or mental impairment by, or under the supervision of, a qualified practitioner; or

ii

medically approved convalescence or care as a result of treatment for an illness or physical or mental impairment, where the child or qualifying young person had that illness or impairment before leaving Great Britain; or

b

the child or qualifying young person accompanying the claimant or the claimant’s partner for convalescence or care as mentioned in sub-paragraph (a).

4

In this paragraph—

“medically approved” means certified by a registered medical practitioner;
“qualified practitioner” means a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.

Death of child or qualifying young person8

1

If a child or qualifying young person for whom a claimant is responsible dies, the claimant is to be treated as responsible for that child or qualifying young person until—

a

the end of the period of eight weeks starting with the day on which the child or qualifying young person dies; or

b

in the case of a qualifying young person, the date on which he or she would have attained the age of 20, if earlier.

2

The additional amount applicable to the claimant during the period in which they are treated as responsible for a child or qualifying young person under sub-paragraph (1) is to be calculated in accordance with paragraph 9 on the basis of the circumstances which existed on the day before the day on which the child or qualifying young person died.

Amount of additional payment9

1

The additional amount applicable to a claimant to whom this Schedule applies is—

C12a

subject to paragraph 10, £53.34 for each child or qualifying young person; and

C13b

a further amount of—

i

£29.02 where sub-paragraph (2) applies; or

ii

F510£90.23 where sub-paragraph (3) applies.

2

This sub-paragraph applies where the claimant is responsible for a child or qualifying young person who is entitled to a disability living allowance or personal independence payment.

3

This sub-paragraph applies where the claimant is responsible for a child or qualifying young person who is—

a

entitled to the care component of disability living allowance at the highest rate or the daily living component of personal independence payment at the enhanced rate; or

b

certified as severely sight impaired or blind by a consultant ophthalmologist.

Amount for the eldest child or qualifying young person born before 6th April 2017C1410

In a case where the eldest child or qualifying young person for whom the claimant is responsible was born before 6th April 2017, the amount prescribed in paragraph 9(1)(a) in respect of that child or qualifying young person is £63.84.

SCHEDULE III SPECIAL GROUPS

Polygamous marriages1

1

The provisions of this paragraph apply in any case to which section 12 (polygamous marriages) applies if the claimant is taken to be “the person in question” for the purposes of that section.

2

The following provision shall apply instead of section 3(1)—

1
The first condition is that, if the claimant is taken F65... to be “the person in question” for the purposes of section 12 (polygamous marriages),—
a
the case is one to which that section applies; and
b
any one or more of the persons falling within subsection (1)(c) of that section F478has attained pensionable age before 6 April 2016 and has attained the age of 65 F479(before, on or after that date).

3

The following provision shall apply instead of section 4(1)—

1
A claimant is not entitled to state pension credit if, taking the claimant to be “the person in question” for the purposes of section 12 (polygamous marriages),—
a
the case is one to which that section applies; and
b
any one or more of the other persons falling within subsection (1)(c) of that section is entitled to state pension credit.

4

The following provision shall apply instead of section 5—

5
Income and capital of claimant, spouses etc.
1
This section applies in any case to which section 12 (polygamous marriages) applies if the claimant is taken to be “the person in question” for the purposes of that section.
2
In any such case, the income and capital of each of the other persons falling within subsection (1)(c) of that section shall be treated for the purposes of this Act as income and capital of the claimant, except where regulations provide otherwise.

5

In regulation 6 (amount of the guarantee credit), for paragraph (1) there shall be substituted—

1
Except as provided in the following provisions of these Regulations, in a case to which section 12 (polygamous marriages) applies if the claimant is taken to be “the person in question” for the purposes of that section the standard minimum guarantee is the sum of—
a
F526£255.25 per week in respect of the claimant and any one spouse of the claimant’s; and
b
F526£88.00 per week in respect of for each additional spouse (whether of the claimant or that spouse) who falls within section 12 (1)(c).

6

The maximum savings credit shall be determined on the assumption that the standard minimum guarantee is the amount prescribed for partners under regulation 6(1)(a).

7

In regulation 7 (savings credit) for paragraph (2) there shall be substituted—

2
In any case to which section 12 (polygamous marriages) F63applies, if the claimant is taken to be “the person in question” for the purposes of that section, the amount prescribed for the savings credit threshold is F527£229.67.

F4807A

The following provision shall apply instead of regulation 7A (limitation of savings credit for certain mixed-age couples)—

7A
1
This regulation applies if, taking the claimant to be the person in question for the purposes of section 12 (polygamous marriages),—
a
the case is one to which that section applies; and
b
at least one of the persons falling within subsection (1)(c) of that section had attained pensionable age before 6 April 2016 and at least one of those persons had not.
2
Where this regulation applies, the claimant is not entitled to a savings credit unless the claimant—
a
has been awarded a savings credit with effect from a day before 6 April 2016 and was entitled to a savings credit immediately before that date; and
b
remained entitled to a savings credit at all times since the beginning of 6 April 2016.

8

In regulations F4313,F192...5, F646(8), 10,12 and 14 and in paragraph F626(5)(b)(v) of Schedule 1 and in Schedule 2, any reference to a partner includes also a reference to any additional spouse to whom this paragraph applies.

9

For the purposes of regulation 6(5)(a) and (b), paragraph 1(1)(b)(i) of Part I of Schedule I is satisfied only if both partners and each additional spouse to whom this paragraph applies are in receipt of attendance allowance F337, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF338or armed forces independence payment.

10

For the purposes of regulation 6(5)(a), paragraph 1(1)(c) of Part I of Schedule 1 is only satisfied if—

a

both partners and each additional spouse to whom this paragraph applies all fall within either paragraph 1(1)(c)(i) or paragraph 1(1)(c)(ii); and

b

at least one of them falls within paragraph 1(1)(c)(i); and

c

at least one of them falls within paragraph 1(1)(c)(ii) but not paragraph 1(1)(c)(i); and

d

either paragraph 1(1)(c)(iv) is satisfied or a person is entitled to and in receipt of an allowance under section 70 of the 1992 Act in respect of caring for one or more, but not all, the persons who fall within paragraph 1(1)(c)(i).

11

Any reference in this paragraph to an additional spouse to whom this paragraph applies is a reference to any person who is an additional spouse (whether of the claimant’s or of a spouse of the claimant’s) falling within subsection (1)(c) of section 12 if the claimant is taken to be “the person in question” for the purposes of that section.

F268Persons serving a sentence of imprisonment detained in hospitalF1702

1

the maximum amount of savings credit shall be taken to be nil.

F412SCHEDULE IIIADate on which certain fixed length assessed income periods end

Regulation 12

Annotations:

Amendments (Textual)

F412

Sch. 3A inserted (6.4.2016) by The State Pension Credit (Amendment) Regulations 2015 (S.I. 2015/1529), regs. 1, 2(4)

Table

Column 1 Period in which the assessed income period would end apart from regulation 12(d)	Column 2 Date on which assessed income period is to end
1st April 2019 to 14th April 2019	14th July 2016
15th April 2019 to 30th April 2019	28th July 2016
1st May 2019 to 14th May 2019	14th August 2016
15th May 2019 to 31st May 2019	28th August 2016
1st June 2019 to 14th June 2019	14th October 2016
15th June 2019 to 30th June 2019	28th October 2016
1st July 2019 to 14th July 2019	14th November 2016
15th July 2019 to 31st July 2019	28th November 2016
1st August 2019 to 14th August 2019	14th December 2016
15th August 2019 to 31st August 2019	28th December 2016
1st September 2019 to 14th September 2019	14th February 2017
15th September 2019 to 30th September 2019	28th February 2017
1st October 2019 to 14th October 2019	14th March 2017
15th October 2019 to 31st October 2019	28th March 2017
1st November 2019 to 14th November 2019	14th April 2017
15th November 2019 to 30th November 2019	28th April 2017
1st December 2019 to 14th December 2019	14th June 2017
15th December 2019 to 31st December 2019	28th June 2017
1st January 2020 to 14th January 2020	14th July 2017
15th January 2020 to 31st January 2020	28th July 2017
1st February 2020 to 14th February 2020	14th September 2017
15th February 2020 to 29th February 2020	28th September 2017
1st March 2020 to 14th March 2020	14th October 2017
15th March 2020 to 31st March 2020	28th October 2017
1st April 2020 to 14th April 2020	14th December 2017
15th April 2020 to 30th April 2020	28th December 2017
1st May 2020 to 14th May 2020	14th January 2018
15th May 2020 to 31st May 2020	28th January 2018
1st June 2020 to 14th June 2020	14th March 2018
15th June 2020 to 30th June 2020	28th March 2018
1st July 2020 to 14th July 2020	14th April 2018
15th July 2020 to 31st July 2020	28th April 2018
1st August 2020 to 14th August 2020	14th June 2018
15th August 2020 to 31st August 2020	28th June 2018
1st September 2020 to 14th September 2020	14th July 2018
15th September 2020 to 30th September 2020	28th July 2018
1st October 2020 to 14th October 2020	14th August 2018
15th October 2020 to 31st October 2020	28th August 2018
1st November 2020 to 14th November 2020	14th October 2018
15th November 2020 to 30th November 2020	28th October 2018
1st December 2020 to 14th December 2020	14th November 2018
15th December 2020 to 31st December 2020	28th November 2018
1st January 2021 to 14th January 2021	14th January 2019
15th January 2021 to 31st January 2021	28th January 2019
1st February 2021 to 14th February 2021	14th February 2019
15th February 2021 to 28th February 2021	28th February 2019
1st March 2021 to 14th March 2021	14th March 2019
15th March 2021 to 5th April 2021	28th March 2019

SCHEDULE IV AMOUNTS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

Regulation 17(7)

1

In addition to any sum which falls to be disregarded in accordance with paragraphs 3 to 6, £10 of any of the following, namely—

a

a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 2 or 3);

b

a war widow’s or war widower’s pension;

F232ba

unless paragraph 1(a) or (b) applies, any payment described in regulation 15(5)(ac) (except insofar as such a payment falls to be disregarded under paragraph 2 or 3);

c

a pension payable to a person as a F136widow, widower or surviving civil partner under F233... any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

F113cc

a guaranteed income payment F234and, if the amount of that payment has been abated to less than £10 by a F262pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005, so much of F263that pension or payment as would not, in aggregate with the amount of F264any guaranteed income payment disregarded, exceed £10;

d

a payment made to compensate for the non-payment of such a pension F114or payment as is mentioned in any of the preceding sub-paragraphs;

e

a pension paid by the government of a country outside Great Britain which is analogous to any of the F115pensions or payments mentioned in sub-paragraphs (a) to (cc) above;

F442f

a pension paid by a government to victims of National Socialist persecution.

2

The whole of any amount included in a pension to which paragraph 1 relates in respect of—

a

the claimant’s need for constant attendance;

b

the claimant’s exceptionally severe disablement.

3

Any mobility supplement under F235article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983 M44 or any payment intended to compensate for the non-payment of such a supplement.

F2364

Any supplementary pension under article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.

5

In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 M45 (pensions to F137widows, widowers or surviving civil partners), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.

6

1

Any payment which is—

a

made under any of the Dispensing Instruments to a F138widow, widower or surviving civil partner of a person—

i

whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and

ii

whose service in such capacity terminated before 31st March 1973; and

F237b

equal to the amount specified in article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.

2

In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances).

7

£10 of any widowed parent’s allowance to which the claimant is entitled under section 39A of the 1992 Act M46.

F37A

£10 of any widowed mother’s allowance to which the claimant is entitled under section 37 of the 1992 Act.

that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid; and

e

that the interest payable on the loan is paid by the person to whom the loan was made or by one of the annuitants,

the amount, calculated on a weekly basis, equal to—

i

where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 M47 (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act;

ii

in any other case the interest which is payable on the loan without deduction of such a sum.

11

1

Any payment, other than a payment to which sub-paragraph (2) applies, made to the claimant by Trustees in exercise of a discretion exercisable by them.

2

This sub-paragraph applies to payments made to the claimant by Trustees in exercise of a discretion exercisable by them for the purpose of—

a

obtaining food, ordinary clothing or footwear or household fuel;

b

the payment of rent, council tax or water charges for which that claimant or his partner is liable;

c

meeting housing costs of a kind specified in Schedule 2;

F66d

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

3

In a case to which sub-paragraph (2) applies, £20 or—

a

if the payment is less than £20, the whole payment; or

b

if, in the claimant’s case, £10 is disregarded in accordance with paragraph 1(a) to (f), F67or paragraph 7 F68or 7A £10 or the whole payment if it is less than £10.

4

For the purposes of this paragraph—

“ordinary clothing and footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities; and

“rent” means eligible rent for the purposes of the Housing Benefit (General) Regulations 1987 M48 less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions) of those Regulations.

12

Any increase in F238pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 paid in respect of a dependent other than the pensioner’s F239... F139partner.

13

Any payment ordered by a court to be made to the claimant or the claimant’s partner in consequence of any accident, injury or disease suffered by F69the person to whom the payments are made.

14

Periodic payments made to the claimant or the claimant’s partner under an agreement entered into in F70... settlement of a claim made by F71that person for an injury suffered by him.

15

Any income which is payable outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of that income.

16

Any banking charges or commission payable in converting to Sterling payments of income made in a currency other than Sterling.

F24017

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

F918

Except in the case of income from capital specified in Part II of Schedule V, any actual income from capital.

SCHEDULE V INCOME FROM CAPITAL

Regulation 17(8)

PART ICapital disregarded for the purpose of calculating income

1

Any premises acquired for occupation by the claimant which he intends to occupy as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises.

F81A

The dwelling occupied by the claimant as his home but only one home shall be disregarded under this paragraph.

2

Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.

3

Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is necessary to enable those repairs or alterations to be carried out.

4

Any premises occupied in whole or in part—

a

by a F107person who is a close relative, grandparent, grandchild, uncle, aunt, nephew or niece of the claimant or of his partner as his home where that person F279has attained the qualifying age for state pension credit or is incapacitated;

b

by the former partner of the claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced F140or with whom he had formed a civil partnership that has been dissolved.

5

Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.

6

1

Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorceF141, or dissolution of his civil partnership with, from his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling or, where the dwelling is occupied as the home by the former partner who is a lone parent, for so long as it is so occupied.

2

In this paragraph—

a

“dwelling” includes any garage, garden and outbuildings, which were formerly occupied by the claimant as his home and any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated;

b

“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child; and

c

“child” means a person F172who is a qualifying young person F432within the meaning of regulation 4A or a child F433as defined in section 40 of the 2012 Act.

7

Any premises where the claimant is taking reasonable steps to dispose of the whole of his interest in those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.

8

All personal possessions.

9

The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner or, if he has ceased to be engaged, for such period as may be reasonable in the circumstances to allow for disposal of those assets.

F129A

The assets of any business owned in whole or in part by the claimant if—

a

he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but

b

he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged, or re-engaged, in that business,

F72...

10

being the diagnosed person’s partner;

b

acting in place of the diagnosed person’s parents,

at the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person F132residing in a care home or an independent hospital .

6

In this paragraph—

“diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant F88Creutzfeldt-Jakob disease;

“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant F88Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;

“trust payment” means a payment under a relevant trust.

14 F2411

The amount of any payment, other than a war disablement pension or a war widow’s or widower’s pension, to compensate for the fact that the claimant, the claimant’s partner, the claimant’s deceased spouse F143or deceased civil partner or the claimant’s partner’s deceased spouse F143or deceased civil partner—

a

was a slave labourer or a forced labourer;

b

had suffered property loss or had suffered personal injury; or

c

was a parent of a child who had died,

during the Second World War.

F2422

In sub-paragraph (1), “war disablement pension” and “war widow’s or widower’s pension” include any payment described in regulation 15(5)(ac).

15

1

Any payment made under F282or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts”), the Fund, the Eileen TrustF280, MFET Limited, the F222Independent Living Fund (2006), the Skipton FundF297, the Caxton FoundationF451, the Scottish Infected Blood Support SchemeF466, an approved blood schemeF459, the London Emergencies Trust, the We Love Manchester Emergency Fund or the London Bombings Relief Charitable Fund.

2

Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under F282or by any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced F144or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person's death.

3

Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced F145or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under F282or by any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of the person who is suffering from haemophilia or who is a qualifying person.

4

Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under F282or by any of the Trusts to which sub-paragraph (1) refers, where—

a

that person has no partner or former partner from whom he is not estranged or divorced F146or with whom he has formed a civil partnership that has not been dissolved, nor any child who is or had been a member of that person’s household; and

b

the payment is made either—

i

to that person’s parent or step-parent, or

ii

where that person at the date of the payment is a child or a student who has not completed his full-time education and has no parent or step-parent, to any person standing in the place of his parent,

but only for a period from the date of the payment until the end of two years from that person’s death.

5

Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under F282or by any of the Trusts to which sub-paragraph (1) refers, where—

a

that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced F147or with whom he had formed a civil partnership that had not been dissolved, nor any child who was or had been a member of his household; and

b

the payment is made either—

i

to that person’s parent or step-parent, or

ii

where that person at the relevant date was a child or a student who had not completed his full-time education and had no parent or step-parent, to any person standing in place his parent,

but only for a period of two years from the relevant date.

6

In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.

7

For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the FundF103, the Eileen TrustF281, MFET LimitedF151, the Skipton FundF298, the Caxton FoundationF451, the Scottish Infected Blood Support SchemeF467, an approved blood schemeF460, the London Emergencies Trust, the We Love Manchester Emergency Fund and the London Bombings Relief Charitable Fund.

8

In this paragraph—

“child” means any person F173who is a qualifying young person F434within the meaning of regulation 4A or a child F435as defined in section 40 of the 2012 Act (child benefit);

“course of study” means any course of study, whether or not it is a sandwich course and whether or not a grant is made for undertaking or attending it;

“qualifying course” means a qualifying course as defined for the purposes of Parts II and IV of the Jobseeker’s Allowance Regulations;

“sandwich course” has the meaning given in regulation 5(2) of the Education (Student Support) Regulations 2001M49, regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000 M50 or regulation 5(2) of the Education (Student Support) Regulations (Northern Ireland) 2000M51, as the case may be;

“student” means a person, other than a person in receipt of a training allowance, who is attending or undertaking—

a

a course of study at an educational establishment; or

b

a qualifying course;

“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—

a

out of public funds by a Government department or by or on behalf of the Secretary of State, F256Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise;

b

to a person for his maintenance or in respect of a member of his family; and

c

for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State, F257Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise,

but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973 M52 or is training as a teacher F89...

F15215A

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

16 F901

An amount equal to the amount of any payment made in consequence of any personal injury to the claimant or, if the claimant has a partner, to the partner.

F912

Where the whole or part of the payment is administered—

F367a

by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998, or the Court of Protection, or on behalf of a person where the payment can only be disposed of by order or direction of any such court;

b

in accordance with an order made under F368... Rule 36.14 of the Ordinary Cause Rules 1993 or under Rule 128 of those Rules; or

c

in accordance with the terms of a trust established for the benefit of the claimant or his partner,

the whole of the amount so administered.

17

Any amount specified in paragraphs 18 to 20 F243or 20B—

a

in a case where there is an assessed income period, until the end of that period or until the expiration of one year from the date of payment, whichever is the later; or

b

in any other case, for a period of one year beginning with the date of receipt.

18

Amounts paid under a policy of insurance in connection with the loss of or damage to the property occupied by the claimant as his home and to his personal possessions.

19

So much of any amounts paid to the claimant or deposited in the claimant’s name for the sole purpose of—

a

purchasing premises which the claimant intends to occupy as his home; or

b

effecting essential repairs or alterations to the premises occupied or intended to be occupied by the claimant as his home.

20

1

Any amount paid—

a

by way of arrears of benefit;

b

by way of compensation for the late payment of benefit; or

c

in lieu of the payment of benefit.

F48d

any payment made by a local authority (including in England a county council), or by the F244Welsh Ministers, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodationF314; or

e

by way of local welfare provision including arrears and payments in lieu of local welfare provision; or

f

in consequence of a reduction of council tax under section 13, 13A or 80 of the Local Government Finance Act 1992 (reduction of liability of council tax).

2

In paragraph (1), “benefit” means—

a

attendance allowance under section 64 of the Contributions and Benefits Act;

b

disability living allowance;

F339ba

personal independence payment;

F340bb

armed forces independence payment;

c

income support;

d

income-based jobseeker’s allowance;

e

housing benefit;

f

state pension credit;

F44g

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

F46h

an increase of a disablement pension under section 104 of the Contributions and Benefits Act (increase where constant attendance needed), and any further increase of such a pension under section 105 of that Act (increase for exceptionally severe disablement);

i

any amount included on account of the claimant’s exceptionally severe disablement F47or need for constant attendance, in a war disablement pension or F245any other such amount described in regulation 15(5)(ac).

F11j

council tax benefit;

k

social fund payments;

l

child benefit;

F45m

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

n

child tax credit under the Tax Credits Act 2002.

F209o

income-related employment and support allowanceF354;

p

universal credit

F454q

bereavement support payment under section 30 of the Pensions Act 2014.

F495r

early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

F9620A

1

Subject to sub-paragraph (3), any payment of £5,000 or more to which paragraph 20(1)(a), (b) or (c) applies, which has been made to rectify, or to compensate for, an official error F493or an error on a point of law relating to a relevant benefit and has been received by the claimant in full on or after the day on which he became entitled to benefit under these Regulations.

2

Subject to sub-paragraph (3), the total amount of any payment disregarded under—

a

paragraph 7(2) of Schedule 10 to the Income Support (General) Regulations 1987;

b

paragraph 12(2) of Schedule 8 to the Jobseeker’s Allowance Regulations 1996;

F231c

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

F231d

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

F210e

paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations,

F223f

paragraph 9(2) of Schedule 6 to the Housing Benefit Regulations 2006;

g

paragraph 22 of Schedule 6 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

h

paragraph 9(2) of Schedule 5 to the Council Tax Benefit Regulations 2006; F356...

i

paragraph 22 of Schedule 4 to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;F355or

j

F362paragraph 18 of Schedule 10 to the Universal Credit Regulations 2013;

where the award during which the disregard last applied in respect of the relevant sum either terminated immediately before the relevant date or is still in existence at that date.

3

Any disregard which applies under sub-paragraph (1) or (2) shall have effect until the award comes to an end.

4

In this paragraph—

“the award”, except in sub-paragraph (2), means—
1. a
  the award of State Pension Credit under these Regulations during which the relevant sum or, where it is received in more than one instalment, the first instalment of that sum is received; or
2. b
  where that award is followed immediately by one or more further awards which begins immediately after the previous award ends, such further awards until the end of the last award, provided that, for such further awards, the claimant—
  1. i
    is the person who received the relevant sum;
  2. ii
    is the partner of that person; or
  3. iii
    was the partner of that person at the date of his death;
“official error”—
1. a
  where the error relates to housing benefitF310..., has the meaning given by regulation 1(2) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001;
and
1. a
  where the error relates to any other relevant benefit, has the meaning given by regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999;
“the relevant date” means the date on which the claimant became entitled to benefit under the Act;
“relevant benefit” means any benefit specified in paragraph 20(2); and
“the relevant sum” means the total payment referred to in sub-paragraph (1) or, as the case may be, the total amount referred to in sub-paragraph (2).

F22420B

Any arrears of supplementary pension which is disregarded under paragraph 4 of Schedule 4 (amounts to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 5 or 6 of that Schedule.

21

Where a capital asset is held in a currency other than sterling, any banking charge or commission payable in converting that capital into sterling.

22

The value of the right to receive income from an occupational pension scheme or a personal pension scheme.

F373by virtue of regulations made under section 57 (direct payments) of the Health and Social Care Act 2001;

F375b

as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013; F397...

c

F374by virtue of regulations made under sections 12A to 12C (direct payments for health care) of the National Health Service Act 2006;F472...

F398d

under sections 31 to 33 of the Care Act 2014F473(direct payments); or

F473e

by virtue of regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments).

F43823D

1

Any payment made by a local authority in accordance with section 26A of the Children (Scotland) Act 1995.

2

Subject to sub-paragraph (3), any payment or part of a payment made by a local authority in accordance with section 26A of the Children (Scotland) Act 1995 to a person (“A”) which A passes on to the claimant.

3

Sub-paragraph (2) only applies where A—

a

was formerly in the claimant’s care;

b

is aged 16 or over; and

c

continues to live with the claimant.

F45223E

A payment of bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment.

F46123F

Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.

PART IIF10Capital disregarded only for the purposes of determining deemed income

Annotations:

Amendments (Textual)

F10

Sch. V Pt. II heading substituted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 23(o)(iv)

24

The value of the right to receive any income under a life interest or from a life rent.

25

The value of the right to receive any rent except where the claimant has a reversionary interest in the property in respect of which rent is due.

26

The value of the right to receive any income under an annuity or the surrender value (if any) of such an annuity.

27

The dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home, including any premises not so occupied which it is impracticable or unreasonable to sell separately and in particular, in Scotland, any croft land on which the dwelling is situated; but only one dwelling shall be disregarded under this paragraph.

28

Where property is held under a trust, other than—

a

a charitable trust within the meaning of the Charities Act 1993 M53; or

b

F42A

Where a person is engaged in one or more of the employments specified in paragraph 2 but his earnings derived from those employments are less than £20 in any week and he is also engaged in any other employment, so much of his earnings from that other employment as would not in aggregate with the amount of his earnings disregarded under paragraph 2 exceed £20.

F72B

Where only one member of a couple is in employment specified in paragraph 2(2), so much of the earnings of the other member of the couple as would not, in aggregate with the earnings disregarded under paragraph 2, exceed £20.

3

1

If the claimant or one of the partners is a carer, or both partners are carers, £20 of any earnings received from his or their employment.

2

In this paragraph the claimant or his partner is a carer if paragraph 4 of Part II of Schedule I (amount applicable for carers) is satisfied in respect of him.

in a case to which sub-paragraph (2) refers, in a person’s entitlement to state pension credit or in employment following the first day in respect of which state pension credit is awarded; or

b

in a case where sub-paragraph (3) applies, in the person’s entitlement to state pension credit since attaining pensionable age.

F945

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

F54A

1

£20 is the maximum amount which may be disregarded under any of paragraphs 1, 2, 3 or 4 notwithstanding that—

a

in the case of a claimant with no partner, he satisfies the requirements of more than one of those paragraphs or, in the case of paragraph 4, he satisfies the requirements of more than one of the sub-paragraphs of that paragraph; or

b

in the case of F148couples, both partners satisfy one or more of the requirements of paragraphs 2, 3 and 4.

2

Where, in a case to which sub-paragraph (1)(b) applies, the amount to be disregarded in respect of one of the partners (“the first partner”) is less than £20, the amount to be disregarded in respect of the other partner shall be so much of that other partner’s earnings as would not, in aggregate with the first partner’s earnings, exceed £20.

5

Except where the claimant or his partner qualifies for a £20 disregard under the preceding provisions of this Schedule—

a

£5 shall be disregarded if a claimant who has no partner has earnings;

b

£10 shall be disregarded if a claimant who has a partner has earnings.

6

Any earningsF95, other than any amount referred to in regulation 17(9)(b), derived from any employment which ended before the day in respect of which the claimant first satisfies the conditions for entitlement to state pension credit.

F67

Any banking charges or commission payable in converting to Sterling payments of earnings made in a currency other than Sterling.

(This note is not part of the Regulations)

The Regulations contained in this Instrument are made either by virtue of, or in consequence of, provisions in the State Pension Credit Act 2002 (c.16) (“the 2002 Act”). This Instrument is made before the expiry of the period of 6 months beginning with the coming into force of those provisions; the regulations in it are therefore exempt in accordance with section 173(5) of the Social Security Administration Act 1992 from the requirement in section 172(2) of that Act to refer proposals to make Regulations to the Social Security Advisory Committee and are made without reference to that Committee.

Part I of these Regulations contains provisions relating to citation, commencement and interpretation.

In Part II of the Regulations, regulations 2 to 5 contain provisions relating to claimants who are absent from Great Britain. Regulations 6 and 7 relate to the amounts of the guarantee credit and savings credit. Provision is included for additional amounts to be included when the claimant or his partner is severely disabled or has housing costs (Schedules 1 and 2).

Regulation 9 specifies the income which is to be taken into account in determining the amount of any savings credit.

Under section 6 of the 2002 Act, assessed income periods are with certain exceptions set when a decision is made awarding state pension credit. Regulations 10 and 12 contain provisions relating to changes in income during the assessed income period and to the ending of that period.

Part III of the regulations contains provision for the calculation of income and capital. “Income” is defined for the purpose of the 2002 Act in section 15(1) of that Act but contains powers enabling further provisions to be made in Regulations. Regulation 15 contains provisions about income, including (at regulation 15(6)) provision for a deemed weekly income on capital over £6,000 (£10,000 if the claimant is in certain residential accommodation) at a rate of £1 for every £500. Other provisions relate to notional income (regulation 18) and income paid to third parties (regulation 24). Regulations 20 to 24 contain provisions relating to the calculation of capital, including capital held outside the United Kingdom, capital jointly held and notional capital; regulation 22 provides for a diminishing notional capital rule. Schedules 4 to 6 provide for certain capital and income to be disregarded in the calculation of the claimant’s capital and income.

Part IV contains separate provision relating to the reduction in state pension credit in a case where the claimant has been convicted of benefit offences on at least 2 separate occasions.

The impact on business of applying these Regulations is minimal and the publication of a regulatory impact assessment is therefore not necessary. A summary of the contents of the assessment made for the State Pension Credit Bill was published at paragraphs 183 and 184 of the Explanatory Notes relating to the Bill. A copy of the summary can be obtained from the Department for Work and Pensions, Regulatory Impact Unit, 3rd Floor, The Adelphi, 1-11 John Adam Street, London WC2N 6HT.