The State Pension Credit Regulations 2002

1. Introductory Text

2. PART I General

   1. 1. Citation, commencement and interpretation

   2. 1A. Disapplication of section 1(1A) of the Social Security Administration Act

3. PART II Entitlement and amount

   1. 2. Persons not in Great Britain

   2. 3. Persons temporarily absent from Great Britain

   3. 3A. Persons temporarily absent from Great Britain on 6th October 2008

   4. 4. Persons receiving treatment outside Great Britain

   5. 4A. Meaning of “qualifying young person”

   6. 5. Persons treated as being or not being members of the same household

   7. 6. Amount of the guarantee credit

   8. 7. Savings Credit

   9. 7A. Limitation of savings credit for certain mixed-age couples

   10. 8. Special groups

   11. 9. Qualifying income for the purposes of savings credit

   12. 10. Assessed income period

   13. 11. Retirement provision in assessed income period

   14. 12. End of assessed income period

   15. 13. Small amounts of state pension credit

   16. 13A. Part-weeks

   17. 13B. Date on which benefits are treated as paid

4. PART III Income

   1. 14. Calculation of income and capital

   2. 15. Income for the purposes of the Act

   3. 16. Retirement pension income

   4. 17. Calculation of weekly income

   5. 17ZA. Treatment of final payments of income

   6. 17A. Earnings of an employed earner

   7. 17B. Earnings of self-employed earners

   8. 18. Notional income

   9. 19. Calculation of capital in the United Kingdom

   10. 20. Calculation of capital outside the United Kingdom

   11. 21. Notional capital

   12. 22. Diminishing notional capital rule

   13. 23. Capital jointly held

   14. 24. Income paid to third parties

   15. 24A. Rounding of fractions

5. PART IV Loss of benefit

   1. 25. Loss of benefit

6. Signature

7. 1. SCHEDULE I

       

      1. PART I Circumstances in which persons are treated as being or not being severely disabled

         1. 1. Severe disablement

         2. 2. Persons residing with the claimant whose presence is ignored

         3. 3. (1) For the purposes of paragraphs 1 and 2, a...

      2. PART II Amount applicable for carers

         1. 4. (1) For the purposes of regulation 6(6)(a), this paragraph is...

         2. 5. For the purposes of paragraph 4, a person shall be...

      3. PART III Amount applicable for former claimants of income support, income-based jobseeker's allowance or income-related employment and support allowance

         1. 6. (1) If on the relevant day the relevant amount exceeds...

   2. SCHEDULE II

      HOUSING COSTS

      1. 1. Housing costs

      2. 2. Remunerative work

      3. 3. Circumstances in which a person is liable to meet housing costs

      4. 4. Circumstances in which a person is to be treated as occupying a dwelling as his home

      5. 5. Housing costs not met

      6. 6. Apportionment of housing costs

      7. 7. The calculation for loans

      8. 8. General provisions applying to housing costs

      9. 9. The standard rate

      10. 10. Excessive Housing Costs

      11. 11. Loans on residential property

      12. 12. Loans for repairs and improvements to the dwelling occupied as the home

      13. 13. Housing costs

      14. 14. Persons residing with the claimant

      15. 15. Rounding of fractions

   3. SCHEDULE IIA

      Additional amount applicable for claimants responsible for a child or qualifying young person

      1. 1. General

      2. 2. (1) In this Schedule— “child” means a person under the...

      3. 3. Child or qualifying young person normally living with the claimant

      4. 4. Child or qualifying young person looked after by a local authority

      5. 5. Prisoners

      6. 6. Temporary absence in Great Britain

      7. 7. Temporary absence outside Great Britain

      8. 8. Death of child or qualifying young person

      9. 9. Amount of additional payment

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

   4. Schedule IIB

      Transitional Protection on Closure of Tax Credits

      1. 1. Interpretation

      2. 2. Claimants eligible for protection

      3. 3. Transitional additional amount

      4. 4. Representative weekly amount of child tax credit

      5. 5. Indicative SPC amount

      6. 6. Initial calculation of the transitional additional amount

      7. 7. Reduction of the transitional additional amount

      8. 8. Circumstances in which the transitional additional amount ceases

      9. 9. Effect of revision, appeal etc. of an award of a tax credit

   5. SCHEDULE III

      SPECIAL GROUPS

      1. 1. Polygamous marriages

      2. 2. Persons serving a sentence of imprisonment detained in hospital

   6. SCHEDULE IIIA

      Date on which certain fixed length assessed income periods end

   7. SCHEDULE IV

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

      1. 1. In addition to any sum which falls to be disregarded...

      2. 2. The whole of any amount included in a pension to...

      3. 3. Any mobility supplement under article 20 of the Naval, Military...

      4. 4. Any supplementary pension under article 23(2) of the Naval, Military...

      5. 5. In the case of a pension awarded at the supplementary...

      6. 6. (1) Any payment which is— (a) made under any of...

      7. 7. £10 of any widowed parent’s allowance to which the claimant...

      8. 7A. £10 of any widowed mother’s allowance to which the claimant...

      9. 8. (1) Where the claimant occupies a dwelling as his home...

      10. 9. If the claimant— (a) owns the freehold or leasehold interest...

      11. 10. Where a claimant receives income under an annuity purchased with...

      12. 11. (1) Any payment, other than a payment to which sub-paragraph...

      13. 12. Any increase in pension or allowance under Part 2 or...

      14. 13. Any payment ordered by a court to be made to...

      15. 14. Periodic payments made to the claimant or the claimant’s partner...

      16. 15. Any income which is payable outside the United Kingdom for...

      17. 16. Any banking charges or commission payable in converting to Sterling...

      18. 17. Any special war widows payment made under—

      19. 18. Except in the case of income from capital specified in...

      20. 19. Any amount of carer support payment that is in excess...

   8. SCHEDULE V

      INCOME FROM CAPITAL

      1. PART I Capital disregarded for the purpose of calculating income

         1. 1. Any premises acquired for occupation by the claimant which he...

         2. 1A. The dwelling occupied by the claimant as his home but...

         3. 2. Any premises which the claimant intends to occupy as his...

         4. 3. Any premises which the claimant intends to occupy as his...

         5. 4. Any premises occupied in whole or in part—

         6. 5. Any future interest in property of any kind, other than...

         7. 6. (1) Where a claimant has ceased to occupy what was...

         8. 7. Any premises where the claimant is taking reasonable steps to...

         9. 8. All personal possessions.

         10. 9. The assets of any business owned in whole or in...

         11. 9A. The assets of any business owned in whole or in...

         12. 10. The surrender value of any policy of life insurance.

         13. 11. The value of any funeral plan contract; and for this...

         14. 12. Where an ex-gratia payment has been made by the Secretary...

         15. 13. (1) Subject to sub-paragraph (2), the amount of any trust...

         16. 14. (1) The amount of any payment, other than a war...

         17. 15. (1) Any payment made under or by the Macfarlane Trust,...

         18. 15A. (1) An amount equal to any interim assistance grant paid...

         19. 16. (1) An amount equal to the amount of any payment...

         20. 17. Any amount specified in paragraphs 18 to 20 or 20B—...

         21. 18. Amounts paid under a policy of insurance in connection with...

         22. 19. So much of any amounts paid to the claimant or...

         23. 20. (1) Any amount paid— (a) by way of arrears of...

         24. 20A. (1) Subject to sub-paragraph (3), any payment of £5,000 or...

         25. 20AA. Any payment of a widowed parent’s allowance made pursuant to...

         26. 20B. Any arrears of supplementary pension which is disregarded under paragraph...

         27. 21. Where a capital asset is held in a currency other...

         28. 22. The value of the right to receive income from an...

         29. 23. The value of a right to receive income from a...

         30. 23A. Where a person elects to be entitled to a lump...

         31. 23AA. Where a person chooses a lump sum under section 8(2)...

         32. 23B. Any payment made under Part 8A of the 1992 Act...

         33. 23C. Any payments made ...— (a) by virtue of regulations made...

         34. 23D. (1) Any payment made by a local authority in accordance...

         35. 23E. (1) A payment of bereavement support payment in respect of...

         36. 23F. Any payment made under or by a trust, established for...

      2. PART II Capital disregarded only for the purposes of determining deemed income

         1. 24. The value of the right to receive any income under...

         2. 25. The value of the right to receive any rent except...

         3. 26. The value of the right to receive any income under...

         4. 27. The dwelling together with any garage, garden and outbuildings, normally...

         5. 28. Where property is held under a trust, other than—

   9. SCHEDULE VI

      SUMS DISREGARDED FROM CLAIMANT’S EARNINGS

      1. 1. (1) In a case where a claimant is a lone...

      2. 2. In a case of earnings from employment to which sub-paragraph...

      3. 2A. Where a person is engaged in one or more of...

      4. 2B. Where only one member of a couple is in employment...

      5. 3. (1) If the claimant or one of the partners is...

      6. 4. (1) £20 is disregarded if the claimant or, if he...

      7. 4A. (1) £20 is the maximum amount which may be disregarded...

      8. 5. Except where the claimant or his partner qualifies for a...

      9. 6. Any earnings, other than any amount referred to in regulation...

      10. 7. Any banking charges or commission payable in converting to Sterling...

8. Explanatory Note