Meaning of “pensioner” and “person who is not a pensioner”E+W
This section has no associated Explanatory Memorandum
3.—[(1)] In these Regulations a person is—
(a)a “pensioner” if—
(i)he has attained the qualifying age for state pension credit; and
(ii)[he is not and,] if he has a partner, his partner is not—
(aa)a person on income support, on an income-based jobseeker’s allowance or on an income-related employment and support allowance; or
(bb)a person with an award of universal credit; and
(b)a “person who is not a pensioner” if—
(i)he has not attained the qualifying age for state pension credit; or
(ii)he has attained the qualifying age for state pension credit and he, or if he has a partner, his partner, is—
(aa)a person on income support, on income-based jobseeker’s allowance or an income-related employment and support allowance; or
(bb)a person with an award of universal credit.
[(2) For the purposes of sub-paragraphs (a)(ii)(bb) and (b)(ii)(bb) in paragraph (1) an award of universal credit is to be disregarded during the relevant period.
(3) In this regulation—
“assessment period” has the same meaning as in the Universal Credit Regulations 2013;
“relevant period” means the period beginning with the day on which P and each partner of P has attained the qualifying age for state pension credit and ending with the day on which the last assessment period for universal credit ends.]
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