The State Pension Credit Regulations 2002

6.—(1) Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce [F1 , 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 [F2 who is a qualifying young person [F3 within the meaning of regulation 4A] or] a child [F4 as defined in section 40 of the 2012 Act].

Textual Amendments

F1 Words in Sch. V para. 6(1) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 35(5)(b) (with art. 3)

F2 Words in Sch. V para. 6(2)(c) substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 6(5)(a)

F3 Words in Sch. V para. 6(2)(c) inserted (28.7.2016) by The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016 (S.I. 2016/624), regs. 1, 4(9)(a) (with reg. 5(3))

F4 Words in Sch. V para. 6(2)(c) substituted (28.7.2016) by The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016 (S.I. 2016/624), regs. 1, 4(9)(a) (with reg. 5(3))