OpenLegislation

Section 5 Income and capital of claimant, spouse etcI1C1I2

England, Wales and Scotland

Where the claimant is a member of a F1couple , the income and capital of the other member of the couple shall, except in prescribed circumstances, be treated for the purposes of this Act as income and capital of the claimant.

Annotations

Textual amendments

F1

Words in s. 5 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

Modifications

C1

S. 5: power to apply conferred (prosp.) by Social Security Contributions and Benefits Act 1992 (c. 4), s. 136A(3)(a) (as inserted (prosp.) by State Pension Credit Act 2002 (c. 16), ss. 14, 22(3), Sch. 2 para. 3)

Commencement

I1

S. 5 partly in force; s. 5 not in force at Royal Assent, see s. 22(3); s. 5 in force for certain purposes at 2.7.2002 by S.I. 2002/1691, art. 2

I2

S. 5 in force at 6.10.2003 in so far as not already in force by S.I. 2003/1766, art. 2(a)