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Section 2 Guarantee creditI1I2

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The condition mentioned in section 1(2)(c)(i) is that the claimant—

(a)

has no income; or

(b)

has income which does not exceed the appropriate minimum guarantee.

(2)

Where the claimant is entitled to a guarantee credit, then—

(a)

if he has no income, the guarantee credit shall be the appropriate minimum guarantee; and

(b)

if he has income, the guarantee credit shall be the difference between the appropriate minimum guarantee and his income.

(3)

The appropriate minimum guarantee shall be the total of—

(a)

the standard minimum guarantee; and

(b)

such prescribed additional amounts as may be applicable.

(4)

The standard minimum guarantee shall be a prescribed amount.

(5)

The standard minimum guarantee shall be—

(a)

a uniform single amount in the case of every claimant who is a member of a F1couple ; and

(b)

a lower uniform single amount in the case of every claimant who is not a member of F2a couple .

(6)

Regulations may provide that, in prescribed cases, subsection (3) shall have effect with the substitution for the reference in paragraph (a) to the standard minimum guarantee of a reference to a prescribed amount.

(7)

Where the claimant is severely disabled, there shall be included among the additional amounts prescribed under subsection (3)(b) an amount in respect of that circumstance.

(8)

Where—

(a)

the claimant is entitled to an allowance under section 70 of the Contributions and Benefits Act F3or carer support payment , or

(b)

if the claimant is a member of a F4couple , the other member of the couple is entitled to such an allowance F5or payment ,

there shall be included among the additional amounts prescribed under subsection (3)(b) an amount in respect of that circumstance.

(9)

Except for the amount of the standard minimum guarantee, the powers conferred by this section to prescribe amounts include power to prescribe nil as an amount.

Annotations

Textual amendments

F1

Words in s. 2(5)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 140; S.I. 2005/3175, art. 2(1), Sch. 1

F2

Words in s. 2(5)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 141; S.I. 2005/3175, art. 2(1), Sch. 1

F3

Words in s. 2(8)(a) inserted (16.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Modifications) Order 2023 (S.I. 2023/1214), art. 1(2), reg. 5(2)(a)

F4

Words in s. 2(8)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 140; S.I. 2005/3175, art. 2(1), Sch. 1

F5

Words in s. 2(8)(b) inserted (16.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Modifications) Order 2023 (S.I. 2023/1214), art. 1(2), reg. 5(2)(b)

Commencement

I1

S. 2 partly in force; s. 2 not in force at Royal Assent, see s. 22(3); s. 2 in force for certain purposes at 2.7.2002 by S.I. 2002/1691, art. 2

I2

S. 2 in force at 6.10.2003 in so far as not already in force by S.I. 2003/1766, art. 2(a)