OpenLegislation

Paragraph 40 I1

England and Wales

(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—

(a)

the amount of that savings credit where the amount received is F1£7.30 or less; or

(b)

£7.30 of that savings credit where the amount received is greater than £7.30.

(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 £7.30.

(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£11.00 or less; or

(b)

£11.00 of that savings credit where the amount received is greater than £11.00.

(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 £11.00.

(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 Regulationsf1 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 Regulationsf2; and

(ii)

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

Annotations

Textual amendments

F1

Sum in Sch. 1 para. 40 substituted (6.4.2026) by The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2026 (S.I. 2026/213), regs. 1(2), 2(4)(a)

F2

Sum in Sch. 1 para. 40 substituted (6.4.2026) by The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2026 (S.I. 2026/213), regs. 1(2), 2(4)(b)

Commencement

I1

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

Footnotes

f1

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

f2

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