The State Pension Credit Regulations 2002

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There are currently no known outstanding effects for the The State Pension Credit Regulations 2002, Section 15.

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Income for the purposes of the Act

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

[F1(za)universal credit;]

(a)disability living allowance;

[F2(aa)personal independence payment;]

(ab)[F3armed 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 ActM1;

(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;

[F4(l)housing benefit;

F5(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n)[F6bereavement support payment under section 30 of the Pensions Act 2014;]

(o)statutory sick pay;

(p)statutory maternity pay;

(q)[F7ordinary statutory paternity pay payable under Part 12ZA of the 1992 Act;]

F8(qa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(qb)statutory shared parental pay payable under Part 12ZC of the 1992 Act;]

[F10(qc)statutory parental bereavement pay payable under Part 12ZD of the 1992 Act;]

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

[F11(ra) carer’s allowance supplement payable under section 81 of the Social Security (Scotland) Act 2018;]

[F12(rb)early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018;]

[F13(rc)funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.]

[F14(rd)any Scottish child payment assistance given in accordance with section 79 of the Social Security (Scotland) Act 2018.]

[F15(re)any assistance given in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019;]

[F16(rf)short-term assistance given in accordance with regulations made under section 36 of the Social Security (Scotland) Act 2018;]

[F17(rg)winter heating assistance given in accordance with regulations made under section 30 of the Social Security (Scotland) Act 2018;]

[F18(rh)disability assistance given in accordance with regulations made under section 31 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.]

[F19(2) 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)[F20, 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)[F21, 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 1979M2;

[F22(b)regulation 2 of the Social Security (Hospital In-Patients) Regulations 2005;]

(c)section 30DD or section 30E of the 1992 ActM3 (reductions in incapacity benefit in respect of pensions and councillor’s allowances).

[F23(d)section 3 of the Welfare Reform Act (deductions from contributory allowance).]

[F24(e)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).]

[F25(g)regulation 16(2) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.]

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

[F26(a)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;]

[F27(aa)a guaranteed income payment;

(ab)a payment made under article 21(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005[F28, in any case where article 23(2)(c) applies];]

[F29(ac)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;]

[F30(b)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 1979M4;

(d)payments made towards the maintenance of the claimant by his spouse[F31, civil partner, former spouse or former civil partner] or towards the maintenance of the claimant’s partner by his spouse[F31, 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 claimantF32...;

[F33(f)royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;]

[F34(g)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;]

[F35(h)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.]

[F36(j)any payment made at regular intervals under an equity release scheme.]

[F37(k) PPF periodic payments.]

[F38(6) 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.]

F39(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Reg. 15(1)(za) inserted (25.11.2020) by The Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations 2020 (S.I. 2020/655), regs. 1(2), 2(3)

F2Reg. 15(1)(aa) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 27(3)

F3Reg. 15(1)(ab) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 23(3)

F4Reg. 15(1)(l)-(s) substituted for reg. 15(1)(l) (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 23(g)

F5Reg. 15(1)(m) revoked (1.4.2013) by The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013 (S.I. 2013/458), reg. 1, Sch. 1

F6Reg. 15(1)(n) substituted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 21(2)

F7Reg. 15(1)(q)(qa) substituted for reg. 15(1)(q) (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 5(3)