The Care and Support (Charging and Assessment of Resources) Regulations 2014

This section has no associated Explanatory Memorandum

40.—(1) Where the adult is in receipt of savings credit as a person who has no partner and has qualifying income not exceeding the standard minimum guarantee—E+W

(a)the amount of that savings credit where the amount received is [F1£7.05] or less; or

(b)[F1£7.05] of that savings credit where the amount received is greater than [F1£7.05].

(2) Where the adult—

(a)has no partner;

(b)has attained the age of 65; and

(c)has qualifying income in excess of the standard minimum guarantee,

a sum of [F1£7.05].

(3) Where the adult is in receipt of savings credit as a person who has a partner and has qualifying income not exceeding the standard minimum guarantee—

(a)the amount of that savings credit where the amount received is [F2£10.60] or less; or

(b)[F2£10.60] of that savings credit where the amount received is greater than [F2£10.60].

(4) Subject to sub-paragraph (5), where the adult—

(a)has a partner;

(b)has—

(i)attained the age of 65; or

(ii)has attained pension credit age and the adult’s partner has attained the age of 65; and

(c)has qualifying income in excess of the standard minimum guarantee,

a sum of [F2£10.60].

(5) Where—

(a)the sum referred to in sub-paragraph (4) has been disregarded in the assessment of the adult’s partner’s income under these Regulations; or

(b)the adult’s partner is in receipt of savings credit,

sub-paragraph (4) does not apply to the adult.

(6) For the purposes of this paragraph—

(a)the adult has a partner if the adult would be considered to have a partner for the purposes of the Pension Credit Regulations;

(b)“qualifying income” is to be construed in accordance with regulation 9 of the Pension Credit Regulations(1) and for the purposes of sub-paragraphs (3) and (4) the adult’s qualifying income includes any qualifying income of the adult’s partner;

(c)“standard minimum guarantee” means, for the purposes of—

(i)sub-paragraphs (1) and (2), the amount prescribed by regulation 6(1)(b) of the Pension Credit Regulations(2); and

(ii)sub-paragraphs (3) and (4), the amount prescribed by regulation 6(1)(a) of the Pension Credit Regulations.

Textual Amendments

Commencement Information

I1Sch. 1 para. 40 in force at 1.4.2015 in accordance with reg. 1

(1)

Regulation 9 was amended by S.I. 2008/1554 and 2013/630.

(2)

The amounts in regulation 6 were up-rated by S.I. 2014/516.