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Paragraph 12 Higher Pensioner Premium

(1)

F1Subject to sub-paragraph (5), the condition is that–

(a)

the claimant is a single claimant or lone parent who has attained F2the qualifying age for state pension credit and either—

(i)

satisfies one of the additional conditions specified in paragraph 14(1)(a), (c), F3(ca), (cb), (e), (f) F4, (fa) or (h); or

(ii)

was entitled to either income support or income-based jobseeker’s allowanceF5, or was treated as being entitled to either of those benefits and the disability premium was or, as the case may be, would have been, applicable to him in respect of a benefit week within 8 weeks of F6the date he attained the qualifying age for state pension credit and he has, subject to sub-paragraph (2), remained continuously entitled to one of those benefits since attaining that age; or

(b)

the claimant has a partner and–

(i)

the partner has attained the age of 80; or

(ii)

the partner has attained the qualifying age for state pension credit but not the age of 80, and the additional conditions specified in paragraph 14 are satisfied in respect of him; or

(c)

the claimant–

(i)

has attained the qualifying age for state pension credit;

F7(ii)

satisfies the requirements of either sub-head (i) or (ii) of paragraph 12(1)(a); and

(iii)

has a partner.

(2)

For the purposes of this paragraph and paragraph 14–

(a)

once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of eight weeks or less, to be entitled to either income support or income based jobseeker’s allowance, F8or ceases to be treated as entitled to either of those benefits he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto;

(b)

in so far as sub-paragraphs (1)(a)(ii) and (1)(c)(ii) are concerned, if a claimant ceases to be entitled to either income support or an income-based jobseeker’s allowance or ceases to be treated as entitled to either of those benefits for a period not exceeding eight weeks which includes F9the date he attained the qualifying age for state pension credit, he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto.

F10(3)

In this paragraph where a claimant’s partner is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii) and (2)(b) shall apply to him as if for the words “8 weeks" there were substituted the words “F11104 weeks".

F12(4)

For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support or to an income-based jobseeker’s allowance throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to–

(a)

income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of the claimant’s applicable amount as prescribed in Part IV of the Income Support Regulations; or

(b)

a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).

F13(5)

The condition is not satisfied if—

(a)

the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

(b)

the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c)

the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—

(i)

a long-term patient; and

(ii)

the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) or (c) refers.

Annotations

Textual amendments

F1

Words in Sch. 1 para. 12(1) substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(b)(i)

F2

Words in Sch. 1 para. 12(1) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(c)(i)

F3

Words in Sch. 1 para. 12(1)(a)(i) inserted (28.11.2018) by The Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1129), regs. 1(2), 2(a)(i)

F4

Word in Sch. 1 para. 12(1)(a)(i) inserted (28.11.2018) by The Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1129), regs. 1(2), 2(a)(ii)

F5

Words in Sch. 1 para. 12(1)(a)(ii) substituted (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(4)(c)(i)

F6

Words in Sch. 1 para. 12(1)(a)(ii) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(c)(ii)

F7

Sch. 1 para. 12(1)(c)(ii) substituted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(11)(b)

F8

Words in Sch. 1 para. 12(2)(a)(b) inserted (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(4)(c)(ii)

F9

Words in Sch. 1 para. 12(2)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(c)(ii)

F10

Sch. 1 para. 12(3) added (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 14(3)

F11

Words in Sch. 1 para. 12(3) substituted (9.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(7), 13(10)(a)

F12

Sch. 1 para. 12(4) added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(4)(c)(iii)

F13

Sch. 1 para. 12(5) inserted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(b)(ii)

Notes on the whole SI

Textual amendments

F1

1995 c.18.

F2

Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".

F3

1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".

F4

1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".

F5

See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).