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The State Pension Credit Regulations 2002

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2002, ISBN 0110424395

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 19(2) of the State Pension Credit Act 2002f1 and section 11(3) of the Social Security Fraud Act 2001f2 for approval by resolution of each House of Parliament.

SOCIAL SECURITY

Made 2002

Coming into force 6th October 2003

Whereas a draft of this Instrument was laid before Parliament in accordance with section 19(2) of the State Pension Credit Act 2002 and section 11(3) of the Social Security Fraud Act 2001 and approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 175 (3) to (5) of the Social Security Contributions and Benefits Act 1992f3, sections 7(4A), 9(4A) and 11(1) and (4) of the Social Security Fraud Act 2001f4 and sections 1(5), 2(3), (4) and (6), 3(4) to (8), 4(3), 5, 6(2), 7(4) and (7), 9(4) and (5), 12(2) and (3), 15, 16(2) and 17(1) and (2) of the State Pension Credit Act 2002, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2002 c. 16; in the Preamble section 17(1) is an interpretation provision and is quoted for the meanings ascribed to “prescribe” and “regulations”.

f2

2001 c. 11.

f3

1992 c. 4; section 175 (3) to (5) is applied to provisions of the State Pension Credit Act 2002 by section 19(1) of that Act.

f4

2001 c. 11; sections 7(4A) and 9(4A) were inserted by the State Pension Credit Act 2002, Schedule 2, paragraphs 45(2) and 46(3).

Contents

  1. Part I: General
  2. 1Citation, commencement and interpretation
  3. Part II: Entitlement and amount
  4. 2Persons not in Great Britain
  5. 3Persons temporarily absent from Great Britain
  6. 4Persons receiving treatment outside Great Britain
  7. 5Persons treated as being or not being members of the same household
  8. 6Amount of the guarantee credit
  9. 7Savings Credit
  10. 8Special groups
  11. 9Qualifying income for the purposes of savings credit
  12. 10Assessed income period
  13. 11Retirement provision in assessed income period
  14. 12End of assessed income period
  15. 13Small amounts of state pension credit
  16. Part III: Income
  17. 14Calculation of income and capital
  18. 15Income for the purposes of the Act
  19. 16Retirement pension income
  20. 17Calculation of weekly income
  21. 18Notional income
  22. 19Calculation of capital in the United Kingdom
  23. 20Calculation of capital outside the United Kingdom
  24. 21Notional capital
  25. 22Diminishing notional capital rule
  26. 23Capital jointly held
  27. 24Income paid to third parties
  28. Part IV: Loss of benefit
  29. 25Loss of benefit
  30. Signature
  31. Schedule I
  32. Part I: Circumstances in which persons are treated as being or not being severely disabled
  33. 1Severe disablement
  34. 2Persons residing with the claimant whose presence is ignored
  35. 3Persons residing with the claimant whose presence is ignored
  36. Part II: Amount applicable for carers
  37. 4Paragraph 4
  38. 5Paragraph 5
  39. Part III: Amount applicable for former claimants of income support or income-related jobseeker’s allowance
  40. 6Paragraph 6
  41. Schedule II: HOUSING COSTS
  42. 1Housing costs
  43. 2Remunerative work
  44. 3Circumstances in which a person is liable to meet housing costs
  45. 4Circumstances in which a person is to be treated as occupying a dwelling as his home
  46. 5Housing costs not met
  47. 6Apportionment of housing costs
  48. 7The calculation for loans
  49. 8General provisions applying to housing costs
  50. 9The standard rate
  51. 10Excessive Housing Costs
  52. 11Loans on residential property
  53. 12Loans for repairs and improvements to the dwelling occupied as the home
  54. 13Other housing costs
  55. 14Persons residing with the claimant
  56. 15Rounding of fractions
  57. Schedule III: SPECIAL GROUPS
  58. 1Polygamous marriages
  59. 2Further provisions in the case of patients
  60. Schedule IV: AMOUNTS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
  61. 1Paragraph 1
  62. 2Paragraph 2
  63. 3Paragraph 3
  64. 4Paragraph 4
  65. 5Paragraph 5
  66. 6Paragraph 6
  67. 7Paragraph 7
  68. 8Paragraph 8
  69. 9Paragraph 9
  70. 10Paragraph 10
  71. 11Paragraph 11
  72. 12Paragraph 12
  73. 13Paragraph 13
  74. 14Paragraph 14
  75. 15Paragraph 15
  76. 16Paragraph 16
  77. Schedule V: INCOME FROM CAPITAL
  78. Part I: Capital disregarded for the purpose of calculating income
  79. 1Paragraph 1
  80. 2Paragraph 2
  81. 3Paragraph 3
  82. 4Paragraph 4
  83. 5Paragraph 5
  84. 6Paragraph 6
  85. 7Paragraph 7
  86. 8Paragraph 8
  87. 9Paragraph 9
  88. 10Paragraph 10
  89. 11Paragraph 11
  90. 12Paragraph 12
  91. 13Paragraph 13
  92. 14Paragraph 14
  93. 15Paragraph 15
  94. 16Paragraph 16
  95. 17Paragraph 17
  96. 18Paragraph 18
  97. 19Paragraph 19
  98. 20Paragraph 20
  99. 21Paragraph 21
  100. 22Paragraph 22
  101. 23Paragraph 23
  102. Part II: Capital disregarded only for the purposes of determining notional income
  103. 24Paragraph 24
  104. 25Paragraph 25
  105. 26Paragraph 26
  106. 27Paragraph 27
  107. 28Paragraph 28
  108. Schedule VI: SUMS DISREGARDED FROM CLAIMANT'S EARNINGS
  109. 1Paragraph 1
  110. 2Paragraph 2
  111. 3Paragraph 3
  112. 4Paragraph 4
  113. 5Paragraph 5
  114. 6Paragraph 6
  115. Explanatory note