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The State Pension Credit Regulations 2002

S.I. 2002/1792 · Made 11 July 2002

Not fully up to date. 13 changes made by later legislation have not yet been written into this text, which is revised to 16 July 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 5 para. 15(6)words substitutedSocial Security 2026 reg. 3(5)(b)
reg. 1(2)words insertedSocial Security 2026 reg. 3(2)(a)
reg. 1(2)words substitutedSocial Security 2026 reg. 3(2)(b)
reg. 5(1D)(aa)insertedSocial Security 2026 reg. 3(3)
Sch. 2 para. 14(8)(bg)insertedSocial Security 2026 reg. 3(4)
Sch. 5 para. 15(1A)words substitutedSocial Security 2026 reg. 3(5)(a)
Sch. 5 para. 15(2)-(5)words substitutedSocial Security 2026 reg. 3(5)(b)
reg. 1(2)words substitutedSocial Security (Income and Capital Disregards) 2026 reg. 2(2)(b)
Sch. 2 para. 14(8)(bh)insertedSocial Security (Income and Capital Disregards) 2026 reg. 2(3)
Sch. 5 para. 15(1A)words insertedSocial Security (Income and Capital Disregards) 2026 reg. 2(4)(a)
Sch. 5 para. 15(2)-(5)words substitutedSocial Security (Income and Capital Disregards) 2026 reg. 2(4)(b)
Sch. 5 para. 15(6)words substitutedSocial Security (Income and Capital Disregards) 2026 reg. 2(4)(b)
reg. 1(2)words insertedSocial Security (Income and Capital Disregards) 2026 reg. 2(2)(a)

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

2002 c. 16.

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

  1. Part I: General
  2. 1Citation, commencement and interpretation
  3. 1ADisapplication of section 1(1A) of the Social Security Administration Act
  4. Part II: Entitlement and amount
  5. 2Persons not in Great Britain
  6. 3Persons temporarily absent from Great Britain
  7. 3APersons temporarily absent from Great Britain on 6th October 2008 Repealed
  8. 4Persons receiving treatment outside Great Britain Repealed
  9. 4AMeaning of “qualifying young person”
  10. 5Persons treated as being or not being members of the same household
  11. 6Amount of the guarantee credit
  12. 7Savings Credit
  13. 7ALimitation of savings credit for certain mixed-age couples
  14. 8Special groups
  15. 9Qualifying income for the purposes of savings credit
  16. 10Assessed income period
  17. 11Retirement provision in assessed income period
  18. 12End of assessed income period
  19. 13Small amounts of state pension credit
  20. 13APart-weeks
  21. 13BDate on which benefits are treated as paid
  22. Part III: Income
  23. 14Calculation of income and capital
  24. 15Income for the purposes of the Act
  25. 16Retirement pension income
  26. 17Calculation of weekly income
  27. 17ZATreatment of final payments of income
  28. 17AEarnings of an employed earner
  29. 17BEarnings of self-employed earners
  30. 18Notional income
  31. 19Calculation of capital in the United Kingdom
  32. 20Calculation of capital outside the United Kingdom
  33. 21Notional capital
  34. 22Diminishing notional capital rule
  35. 23Capital jointly held
  36. 24Income paid to third parties
  37. 24ARounding of fractions
  38. Part IV: Loss of benefit
  39. 25Loss of benefit
  40. Signature
  41. Schedule I
  42. Part I: Circumstances in which persons are treated as being or not being severely disabled
  43. 1Severe disablement
  44. 2Persons residing with the claimant whose presence is ignored
  45. 3Paragraph 3
  46. Part II: Amount applicable for carers
  47. 4Paragraph 4
  48. 5Paragraph 5
  49. Part III: Amount applicable for former claimants of income support, income-based jobseeker's allowance or income-related employment and support allowance
  50. 6Paragraph 6
  51. Schedule II: HOUSING COSTS
  52. 1Housing costs
  53. 2Remunerative work
  54. 3Circumstances in which a person is liable to meet housing costs
  55. 4Circumstances in which a person is to be treated as occupying a dwelling as his home
  56. 5Housing costs not met
  57. 6Apportionment of housing costs
  58. 7The calculation for loans Repealed
  59. 8General provisions applying to housing costs Repealed
  60. 9The standard rate Repealed
  61. 10Excessive Housing Costs Repealed
  62. 11Loans on residential property Repealed
  63. 12Loans for repairs and improvements to the dwelling occupied as the home Repealed
  64. 13Housing costs
  65. 14Persons residing with the claimant
  66. 15Rounding of fractions
  67. Schedule IIA: Additional amount applicable for claimants responsible for a child or qualifying young person
  68. 1General
  69. 2General
  70. 3Child or qualifying young person normally living with the claimant
  71. 4Child or qualifying young person looked after by a local authority
  72. 5Prisoners
  73. 6Temporary absence in Great Britain
  74. 7Temporary absence outside Great Britain
  75. 8Death of child or qualifying young person
  76. 9Amount of additional payment
  77. 10Amount for the eldest child or qualifying young person born before 6th April 2017
  78. Schedule IIB: Transitional Protection on Closure of Tax Credits
  79. 1Interpretation
  80. 2Claimants eligible for protection
  81. 3Transitional additional amount
  82. 4Representative weekly amount of child tax credit
  83. 5Indicative SPC amount
  84. 6Initial calculation of the transitional additional amount
  85. 7Reduction of the transitional additional amount
  86. 8Circumstances in which the transitional additional amount ceases
  87. 9Effect of revision, appeal etc. of an award of a tax credit
  88. Schedule III: SPECIAL GROUPS
  89. 1Polygamous marriages
  90. 2Persons serving a sentence of imprisonment detained in hospital
  91. Schedule IIIADate on which certain fixed length assessed income periods end
  92. Schedule IV: AMOUNTS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
  93. 1Paragraph 1
  94. 2Paragraph 2
  95. 3Paragraph 3
  96. 4Paragraph 4
  97. 5Paragraph 5
  98. 6Paragraph 6
  99. 7Paragraph 7
  100. 7AParagraph 7A
  101. 8Paragraph 8
  102. 9Paragraph 9
  103. 10Paragraph 10
  104. 11Paragraph 11
  105. 12Paragraph 12
  106. 13Paragraph 13
  107. 14Paragraph 14
  108. 15Paragraph 15
  109. 16Paragraph 16
  110. 17Paragraph 17 Repealed
  111. 18Paragraph 18
  112. 19Paragraph 19
  113. Schedule V: INCOME FROM CAPITAL
  114. Part I: Capital disregarded for the purpose of calculating income
  115. 1Paragraph 1
  116. 1AParagraph 1A
  117. 2Paragraph 2
  118. 3Paragraph 3
  119. 4Paragraph 4
  120. 5Paragraph 5
  121. 6Paragraph 6
  122. 7Paragraph 7
  123. 8Paragraph 8
  124. 9Paragraph 9
  125. 9AParagraph 9A
  126. 10Paragraph 10
  127. 11Paragraph 11
  128. 12Paragraph 12
  129. 13Paragraph 13
  130. 14Paragraph 14
  131. 15Paragraph 15
  132. 15AParagraph 15A Repealed
  133. 16Paragraph 16
  134. 17Paragraph 17
  135. 18Paragraph 18
  136. 19Paragraph 19
  137. 20Paragraph 20
  138. 20AParagraph 20A
  139. 20AAParagraph 20AA
  140. 20ABParagraph 20AB
  141. 20BParagraph 20B
  142. 21Paragraph 21
  143. 22Paragraph 22
  144. 23Paragraph 23
  145. 23AParagraph 23A
  146. 23AAParagraph 23AA
  147. 23BParagraph 23B
  148. 23CParagraph 23C
  149. 23DParagraph 23D
  150. 23EParagraph 23E
  151. 23FParagraph 23F
  152. Part II: Capital disregarded only for the purposes of determining deemed income
  153. 24Paragraph 24
  154. 25Paragraph 25
  155. 26Paragraph 26
  156. 27Paragraph 27 Repealed
  157. 28Paragraph 28
  158. Schedule VI: SUMS DISREGARDED FROM CLAIMANT’S EARNINGS
  159. 1Paragraph 1
  160. 2Paragraph 2
  161. 2AParagraph 2A
  162. 2BParagraph 2B
  163. 3Paragraph 3
  164. 4Paragraph 4
  165. 4AParagraph 4A
  166. 5Paragraph 5
  167. 6Paragraph 6
  168. 7Paragraph 7
  169. Explanatory note