The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002

Amendment of Schedules 9 to 9B E+W+S

14.—(1) In Schedule 9 (deductions from benefit and direct payment to third parties)—

(a) in paragraph 1, in sub-paragraph (1) M1 —

(i) in the definition of “family”, at the end, add “ and for the purposes of state pension credit “a family” comprises the claimant, his partner, any additional partner to whom section 12(1)(c) of the 2002 Act applies and any person who has not attained the age of 19, is treated as a child for the purposes of section 142 of the Contributions and Benefits Act and lives with the claimant or the claimant’s partner; ”;

(ii) in the definition of “housing costs”, at the end, add—

“(c) Schedule II to the State Pension Credit Regulations but—

(i) excludes costs under paragraph 13(1)(f) of that Schedule (tents and sites); and

(ii) includes costs under paragraphs 13(1)(a) (ground rent and feu duty) and 13(1)(c) (rent charges) of that Schedule but only when they are paid with costs under paragraph 13(1)(b) of that Schedule (service charges);”;

(iii) in the definition of “mortgage payment”, after head (b), insert—

“or

(c) Schedule II to the State Pension Credit Regulations in accordance with paragraph 7 of that Schedule (housing costs to be met in state pension credit) on a loan which qualifies under paragraph 11 or 12 of that Schedule, but less any amount deducted under paragraph 14 of that Schedule (non-dependant deductions),”;

(iv) in the definition of “personal allowance for a single claimant aged not less than 25 years”, after the words “amount specified” insert “ in connection with income support and state pension credit ” and for the words “as the case may be” substitute “ in connection with jobseeker’s allowance ”;

(v) in the definition of “specified benefit”, after head (c), insert—

“(d) state pension credit which is either paid alone or paid together with any retirement pension, incapacity benefit or severe disablement allowance in a combined payment in respect of any period;”;

(b) in paragraph 3—

(i) in sub-paragraphs (1) and (2A)(a) M2 , after the words “applicable amount” wherever they occur insert “ or appropriate minimum guarantee ”;

(ii) in sub-paragraph (2A), after the words “Jobseeker’s Allowance Regulations” in both places in which they occur, insert “ or paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations ”;

(c) in paragraph 5 M3 after sub-paragraph (5) insert—

“(5A) In the case of state pension credit, a determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount determined in accordance with sub-paragraphs (3) and (6) exceeds a sum equal to 25 per cent. of the appropriate minimum guarantee less any housing costs under Schedule II to the State Pension Credit Regulations which may be applicable in the particular case.”;

(d) in paragraph 6 M4 —

(i) in sub-paragraph (1), for the words “Subject to sub-paragraph (6)”, substitute “ Subject to sub-paragraphs (6) and (6A) ”;

(ii) after sub-paragraph (6), insert—

“(6A) Subject to paragraph 8, in the case of state pension credit, a determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraph (2) exceeds a sum equal to 25 per cent. of the appropriate minimum guarantee less any housing costs under Schedule II to the State Pension Credit Regulations which may be applicable in the particular case.”;

(e) in paragraph 7 M5 , after sub-paragraph (8), add—

“(9) Subject to paragraph 8, in the case of state pension credit, a determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraphs (3), (4), (5) and (6) exceeds a sum equal to 25 per cent. of the appropriate minimum guarantee less any housing costs under Schedule II to the State Pension Credit Regulations which may be applicable in the particular case.”;

(f) in paragraph 8 M6 , after sub-paragraph (2), insert—

“(2A) In the case of state pension credit, the maximum aggregate amount payable under paragraphs 3(2)(a), 5, 6, and 7 shall not, without the consent of the beneficiary, exceed a sum equal to 25 per cent. of the appropriate minimum guarantee less any housing costs under Schedule II to the State Pension Credit Regulations which may be applicable in the particular case.”.

(2) In Schedule 9A M7 (deductions of mortgage interest from benefit and payment to qualifying lenders)—

(a) in paragraph 1, in the definition of “relevant benefits”, at the end of sub-paragraph (c), insert—

“and

(d) state pension credit which is either paid alone or paid together with any retirement pension, incapacity benefit or severe disablement allowance in a combined payment in respect of any period;”;

(b) in paragraph 2 for the words from the beginning of sub-paragraph (a) to “is determined”, substitute—

“the amount to be met under—

(i) Schedule 3 to the Income Support Regulations; or

(ii) Schedule 2 to the Jobseeker’s Allowance Regulations; or

(iii) Schedule II to the State Pension Credit Regulations,”;

(c) in paragraph 3—

(i) after sub-paragraph (1), insert—

“(1A) Subject to the following provisions of this paragraph, the part of state pension credit which, as determined by the Secretary of State in accordance with regulation 34A, shall be paid directly to the qualifying lender, is a sum equal to the amount of mortgage interest to be met under paragraph 7 of Schedule II to the State Pension Credit Regulations.”;

(ii) in sub-paragraph (3)—

(aa) after the words “or income-based jobseeker’s allowance” insert “ or a relevant beneficiary’s appropriate minimum guarantee in state pension credit ” and for the words “sub-paragraph (1)” substitute “ sub-paragraph (1) or (1A) ” ;

(bb) in head (b), after the words “as the case may be” insert “ paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations or ”;

(cc) in the value “A”, after the words “as the case may be” insert “ paragraph 1 of Schedule II to the State Pension Credit Regulations or ”;

(dd) in the value “B”, after the words “as the case may be” insert “ paragraph 7 of Schedule II to the State Pension Credit Regulations or ”;

(ee) in the value “C”, after the words “as the case may be” insert “ paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations or ”;

(iii) in sub-paragraph (4), at the beginning, insert “ Except where the relevant benefit is state pension credit, ”;

(iv) after sub-paragraph (9), add—

“(10) In sub-paragraph (1), the relevant benefits do not include in the case of state pension credit so much of any additional amount which is applicable in the claimant’s case under Schedule II to the State Pension Credit Regulations (housing costs) in respect of a period before the decision awarding state pension credit was made.”;

(d) in paragraph 4, in sub-paragraph (2)(a) M8 , after the words “as the case may be” insert “ paragraph 9 of Schedule II to the State Pension Credit Regulations or ”;

(e) in paragraph 10—

(i) for sub-paragraph (2), substitute—

“(2) Subject to sub-paragraph (4), the information referred to in heads (a), (b), (c) and (d) of sub-paragraph (1) shall be provided at the request of the Secretary of State when a claim for—

(a) income support or income-based jobseeker’s allowance is made and a sum in respect of mortgage interest is to be brought into account in determining the applicable amount; or

(b) state pension credit is made and a sum in respect of housing costs is applicable in the claimant’s case in accordance with regulation 6(6)(c) of the State Pension Credit Regulations.”;

(ii) in sub-paragraph (3), in head (a), after the words “income support” insert “ , state pension credit ”.

(3) In Schedule 9B M9 , in paragraphs 2(1), 3(1), 5(1) and 6(1), after the words “income support” insert “ , state pension credit ”.

Marginal Citations

M1 Relevant amending Instruments are S.I. 1991/2284, 1996/672 and 1996/1460.

M2 Relevant amending Instruments are S.I. 1992/1026, 1995/1613, 1995/2927, 1996/1460, 1999/2860 and 1999/3178.

M3 Relevant amending Instrument is S.I. 1996/1460.

M4 Relevant amending Instrument is S.I. 1996/1460.

M5 Paragraph 7 was substituted by S.I. 1991/2284 and amended by S.I. 1992/2595, 1994/2319, 1996/1460 and 1999/2860 and 3178.

M6 Paragraph 8 was amended by S.I. 1990/2205, 1991/2284 and 1996/1460.

M7 Schedule 9A was inserted by S.I. 1992/1026 and amended by S.I. 1995/1613 and 1996/1460.

M8 Relevant amending Instruments are S.I. 1995/1613, 1996/1460 and 1997/827.

M9 Schedule 9B was inserted by S.I. 2001/18.