Regulation 3 Meaning of “pensioner” and “person who is not a pensioner”I1

England and Wales

F1(1)

In these Regulations a person is—

(a)

a “pensioner” if—

(i)

he has attained the qualifying age for state pension credit; and

(ii)

F2he 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.

F3(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 F4—

(a)

during the relevant period; or

(b)

where regulation 60A of the Universal Credit (Transitional Provisions) Regulations 2014 applies in respect of the award.

(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.

Annotations

F1: Reg. 3 renumbered as reg. 3(1) (11.2.2021 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021 (S.I. 2021/29), regs. 1(1), 4(a)
F2: Words in reg. 3(a)(ii) substituted (13.1.2014 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2013 (S.I. 2013/3181), regs. 1(1), 2(3)
F3: Reg. 3(2)(3) inserted (11.2.2021 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021 (S.I. 2021/29), regs. 1(1), 4(b)
F4: Reg. 3(2)(a)(b) substituted for words (11.2.2025 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2025 (S.I. 2025/39), regs. 1(1), 4