PART IIEntitlement and amount
F16 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;
F38bb
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; F40...
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).
C234
A person is not to be treated as not in Great Britain if he is—
a
a worker for the purposes of Council Directive No.2004/38/EC;
b
a self-employed person for the purposes of that Directive;
c
a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;
d
a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive;
e
a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive;
f
F50a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—
i
regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”), or
ii
regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (right of residence of a Croatian who is an “accession State national subject to worker authorisation”);
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
F51a 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;
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;F29...
F53j
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F53k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22 Persons temporarily absent from Great Britain3
A claimant’s entitlement to state pension credit during periods of temporary absence from Great Britain is to continue for up to 13 weeks if—
a
the period of the claimant’s absence from Great Britain is unlikely to exceed 52 weeks; and
b
while absent from Great Britain the claimant continues to satisfy the other conditions of entitlement to state pension credit.
F21Persons temporarily absent from Great Britain on 6th October 20083A
Where a claimant—
a
is already temporarily absent from Great Britain on 6th October 2008;
b
had a continuing entitlement to state pension credit immediately before that day; and
c
while absent from Great Britain, continues to satisfy the other conditions of entitlement to state pension credit,
the claimant’s entitlement to state pension credit is to continue during that period of absence from Great Britain for up to 13 weeks.
Persons receiving treatment outside Great Britain4
F281
For the purposes of the Act, a person who is receiving treatment at a hospital or other institution outside Great Britain shall be treated as being in Great Britain if the treatment is being provided—
a
under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales);
b
pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies), section 10(1) of the Health Service (Wales) Act (Welsh Ministers’ arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions);
c
under equivalent provision in Scotland or pursuant to arrangements made under such provision.
F22
Paragraph (1) applies only where—
a
the “person” is the claimant or his partner; and
b
the claimant satisfied the conditions for entitlement to state pension credit immediately before he or, as the case may be, his partner, left Great Britain.
Persons treated as being or not being members of the same household5
1
A person is to be treated as not being a member of the same household as the claimant if—
a
he is living away from the claimant and—
i
he does not intend to resume living with the claimant; or
ii
his absence is likely to exceed 52 weeks except where there are exceptional circumstances (for example the person is in hospital or otherwise has no control over the length of his absence), and the absence is unlikely to be substantially more than 52 weeks;
b
he or the claimant is permanently in a care home F12or an independent hospital;
c
he or the claimant is, or both are—
i
detained in a hospital provided under the provisions of the Mental Health Act 1983, the F11Mental Health (Care and Treatment) (Scotland) Act 2003, or the Criminal Procedure (Scotland) Act 1995; or
ii
detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
d
the claimant is abroad and does not satisfy F3... regulation 3 (persons temporary absent from Great Britain).
F18e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23f
he is absent from Great Britain for more than 13 weeks;
F5g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4h
he is a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999
F171A
Paragraph (1)(d) and (f) shall not apply where a person is treated as being in Great Britain in accordance with regulation 4.
2
Subject to paragraph (1), partners shall be treated as members of the same household notwithstanding that they are temporarily living apart.
F243
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amount of the guarantee credit6
1
Except as provided in the following provisions of these Regulations, the standard minimum guarantee is—
2
Paragraph (3) applies in the case of—
a
prisoners; and
b
members of religious orders who are fully maintained by their order.
3
In a case to which this paragraph applies—
4
Except in a case to which paragraph (3) applies, an amount additional to that prescribed in paragraph (1) shall be applicable under paragraph (5) if the claimant is treated as being a severely disabled person in accordance with paragraph 1 of Part I of Schedule I.
5
The additional amount applicable is—
6
Except in a case to which paragraph (3) applies, an amount additional to that prescribed in paragraph (1) shall be applicable—
a
if paragraph 4 of Part II of Schedule I is satisfied (amount applicable for carers);
b
in accordance with Part III of Schedule I (amount applicable for former claimants of income support or income-based jobseeker’s allowance); or
c
except where paragraph (7) applies, in accordance with Schedule II (housing costs).
7
This paragraph applies in the case of a person who has been detained in custody for more than 52 weeks pending trial or sentence following conviction by a court.
C58
The amount applicable if paragraph 4 of Part II of Schedule I is satisfied is F45£33.30 per week, and in the case of partners, this amount is applicable in respect of each partner who satisfies that paragraph.
9
In the case of a remand prisoner paragraph (6) shall apply as if sub-paragraphs (a) and (b) were omitted.
10
In this regulation, “remand prisoner” means a person who, for a period not exceeding 52 weeks, has been detained in custody on remand pending trial or, as a condition of bail, required to reside in a hostel approved under section 27(1) of the Probation Service Act 1993 M3 or, as the case may be, detained pending sentence upon conviction.
Savings Credit7
1
The percentage prescribed for the purposes of determining—
2
C9C13C16C22C32C36C42C48C51C583
The maximum savings credit shall be taken to be Nil in the case of—
a
prisoners; and
b
members of religious orders who are fully maintained by their order.
F64
If a calculation made for the purposes of paragraph (1)(b) or (c) 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.
Special groups8
Schedule III shall have effect in the case of members of polygamous marriages and F30persons serving a sentence of imprisonment detained in hospital.
Qualifying income for the purposes of savings credit9
For the purposes of section 3 (savings credit), all income is to be treated as qualifying income except the following which is not to be treated as qualifying income—
a
working tax credit;
b
incapacity benefit;
c
a contribution-based jobseeker’s allowanceF47...;
d
severe disablement allowance;
e
maternity allowance;
f
payments referred to in regulation 15(5)(d) (maintenance payments).
F25g
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.
F7c
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—
F14a
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.
F95
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 paymentF15...; 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—
F10a
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 F8on 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.
F198
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Retirement provision in assessed income period11
F351
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.
F362
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 at such time as—
a
the claimant no longer satisfies a condition of entitlement to state pension credit;
b
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 1998M4;
c
a claimant who has no partner is provided with accommodation in a care home F13or an independent hospital other than on a temporary basis.
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.
F1Part-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
b
the claimant’s entitlement to the credit is likely to continue throughout the first full benefit week which follows the part-week.
F312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 allowanceF49....
F27e
contributory employment and support allowance.
F342
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.