The State Pension Credit Regulations 2002
S.I. 2002/1792 · Made 11 July 2002
SOCIAL SECURITY
Made 11th July 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 1992M1, sections 7(4A), 9(4A) and 11(1) and (4) of the Social Security Fraud Act 2001M2 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 2002M3, hereby makes the following Regulations:C1C2C3
Annotations to the whole text
Marginal citations
- M1
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.
- M2
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).
- M3
Modifications
- C1
Instrument modified (for specified purposes and with effect in accordance with art. 1(2)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), art. 26(6), Sch. 20
- C2
Instrument applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(e)(iii)(3) (with reg. 3)
- C3
Regulations modified (temp.) (8.4.2020) by The Social Security (Coronavirus) (Prisoners) Regulations 2020 (S.I. 2020/409), regs. 1, 2(2)(c) (with reg. 6(2)); (as amended (12.5.2021) by S.I. 2021/476, reg. 4(6)
Contents
- Part I: General
- 1Citation, commencement and interpretation
- 1ADisapplication of section 1(1A) of the Social Security Administration Act
- Part II: Entitlement and amount
- 2Persons not in Great Britain
- 3Persons temporarily absent from Great Britain
- 3APersons temporarily absent from Great Britain on 6th October 2008 Repealed
- 4Persons receiving treatment outside Great Britain Repealed
- 4AMeaning of “qualifying young person”
- 5Persons treated as being or not being members of the same household
- 6Amount of the guarantee credit
- 7Savings Credit
- 7ALimitation of savings credit for certain mixed-age couples
- 8Special groups
- 9Qualifying income for the purposes of savings credit
- 10Assessed income period
- 11Retirement provision in assessed income period
- 12End of assessed income period
- 13Small amounts of state pension credit
- 13APart-weeks
- 13BDate on which benefits are treated as paid
- Part III: Income
- 14Calculation of income and capital
- 15Income for the purposes of the Act
- 16Retirement pension income
- 17Calculation of weekly income
- 17ZATreatment of final payments of income
- 17AEarnings of an employed earner
- 17BEarnings of self-employed earners
- 18Notional income
- 19Calculation of capital in the United Kingdom
- 20Calculation of capital outside the United Kingdom
- 21Notional capital
- 22Diminishing notional capital rule
- 23Capital jointly held
- 24Income paid to third parties
- 24ARounding of fractions
- Part IV: Loss of benefit
- 25Loss of benefit
- Signature
- Schedule I
- Part I: Circumstances in which persons are treated as being or not being severely disabled
- 1Severe disablement
- 2Persons residing with the claimant whose presence is ignored
- 3Paragraph 3
- Part II: Amount applicable for carers
- 4Paragraph 4
- 5Paragraph 5
- Part III: Amount applicable for former claimants of income support, income-based jobseeker's allowance or income-related employment and support allowance
- 6Paragraph 6
- Schedule II: HOUSING COSTS
- 1Housing costs
- 2Remunerative work
- 3Circumstances in which a person is liable to meet housing costs
- 4Circumstances in which a person is to be treated as occupying a dwelling as his home
- 5Housing costs not met
- 6Apportionment of housing costs
- 7The calculation for loans Repealed
- 8General provisions applying to housing costs Repealed
- 9The standard rate Repealed
- 10Excessive Housing Costs Repealed
- 11Loans on residential property Repealed
- 12Loans for repairs and improvements to the dwelling occupied as the home Repealed
- 13Housing costs
- 14Persons residing with the claimant
- 15Rounding of fractions
- Schedule IIA: Additional amount applicable for claimants responsible for a child or qualifying young person
- 1General
- 2General
- 3Child or qualifying young person normally living with the claimant
- 4Child or qualifying young person looked after by a local authority
- 5Prisoners
- 6Temporary absence in Great Britain
- 7Temporary absence outside Great Britain
- 8Death of child or qualifying young person
- 9Amount of additional payment
- 10Amount for the eldest child or qualifying young person born before 6th April 2017
- Schedule IIB: Transitional Protection on Closure of Tax Credits
- 1Interpretation
- 2Claimants eligible for protection
- 3Transitional additional amount
- 4Representative weekly amount of child tax credit
- 5Indicative SPC amount
- 6Initial calculation of the transitional additional amount
- 7Reduction of the transitional additional amount
- 8Circumstances in which the transitional additional amount ceases
- 9Effect of revision, appeal etc. of an award of a tax credit
- Schedule III: SPECIAL GROUPS
- 1Polygamous marriages
- 2Persons serving a sentence of imprisonment detained in hospital
- Schedule IIIADate on which certain fixed length assessed income periods end
- Schedule IV: AMOUNTS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 7AParagraph 7A
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17 Repealed
- 18Paragraph 18
- 19Paragraph 19
- Schedule V: INCOME FROM CAPITAL
- Part I: Capital disregarded for the purpose of calculating income
- 1Paragraph 1
- 1AParagraph 1A
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 9AParagraph 9A
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 15AParagraph 15A Repealed
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 20AParagraph 20A
- 20AAParagraph 20AA
- 20ABParagraph 20AB
- 20BParagraph 20B
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 23AParagraph 23A
- 23AAParagraph 23AA
- 23BParagraph 23B
- 23CParagraph 23C
- 23DParagraph 23D
- 23EParagraph 23E
- 23FParagraph 23F
- Part II: Capital disregarded only for the purposes of determining deemed income
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27 Repealed
- 28Paragraph 28
- Schedule VI: SUMS DISREGARDED FROM CLAIMANT’S EARNINGS
- 1Paragraph 1
- 2Paragraph 2
- 2AParagraph 2A
- 2BParagraph 2B
- 3Paragraph 3
- 4Paragraph 4
- 4AParagraph 4A
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Explanatory note