Paragraph 1 Polygamous marriages

The provisions of this paragraph apply in any case to which section 12 (polygamous marriages) applies if the claimant is taken to be “the person in question” for the purposes of that section.

The following provision shall apply instead of section 3(1)—

“(1)

The first condition is that, if the claimant is taken F1... to be “the person in question” for the purposes of section 12 (polygamous marriages),—

(a)

the case is one to which that section applies; and

(b)

any one or more of the persons falling within subsection (1)(c) of that section F2has attained pensionable age before 6 April 2016 and has attained the age of 65 F3(before, on or after that date).”.

The following provision shall apply instead of section 4(1)—

“(1)

A claimant is not entitled to state pension credit if, taking the claimant to be “the person in question” for the purposes of section 12 (polygamous marriages),—

(a)

the case is one to which that section applies; and

(b)

any one or more of the other persons falling within subsection (1)(c) of that section is entitled to state pension credit.”.

The following provision shall apply instead of section 5—

“5

Income and capital of claimant, spouses etc.

(1)

This section applies in any case to which section 12 (polygamous marriages) applies if the claimant is taken to be “the person in question” for the purposes of that section.

(2)

In any such case, the income and capital of each of the other persons falling within subsection (1)(c) of that section shall be treated for the purposes of this Act as income and capital of the claimant, except where regulations provide otherwise.”.

In regulation 6 (amount of the guarantee credit), for paragraph (1) there shall be substituted—

“(1)

Except as provided in the following provisions of these Regulations, in a case to which section 12 (polygamous marriages) applies if the claimant is taken to be “the person in question” for the purposes of that section the standard minimum guarantee is the sum of—

(a)

F4£363.25 per week in respect of the claimant and any one spouse of the claimant’s; and

(b)

£125.25 per week in respect of for each additional spouse (whether of the claimant or that spouse) who falls within section 12 (1)(c).”.

The maximum savings credit shall be determined on the assumption that the standard minimum guarantee is the amount prescribed for partners under regulation 6(1)(a).

In regulation 7 (savings credit) for paragraph (2) there shall be substituted—

“(2)

In any case to which section 12 (polygamous marriages) F5applies, if the claimant is taken to be “the person in question” for the purposes of that section, the amount prescribed for the savings credit threshold is F6£329.75.”.

The following provision shall apply instead of regulation 7A (limitation of savings credit for certain mixed-age couples)—

“7A.

(1)

This regulation applies if, taking the claimant to be the person in question for the purposes of section 12 (polygamous marriages),—

(a)

the case is one to which that section applies; and

(b)

at least one of the persons falling within subsection (1)(c) of that section had attained pensionable age before 6 April 2016 and at least one of those persons had not.

(2)

Where this regulation applies, the claimant is not entitled to a savings credit unless the claimant—

(a)

has been awarded a savings credit with effect from a day before 6 April 2016 and was entitled to a savings credit immediately before that date; and

(b)

remained entitled to a savings credit at all times since the beginning of 6 April 2016.”.

In regulations F83, F9...5, F106(8), 10,12 and 14 and in paragraph F116(5)(b)(v) of Schedule 1 and in Schedule 2, any reference to a partner includes also a reference to any additional spouse to whom this paragraph applies.

For the purposes of regulation 6(5)(a) and (b), paragraph 1(1)(b)(i) of Part I of Schedule I is satisfied only if both partners and each additional spouse to whom this paragraph applies are in receipt of attendance allowance F12, pension age disability payment F13, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act F14, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 F15, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act F16, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 F17or armed forces independence payment.

For the purposes of regulation 6(5)(a), paragraph 1(1)(c) of Part I of Schedule 1 is only satisfied if—

Any reference in this paragraph to an additional spouse to whom this paragraph applies is a reference to any person who is an additional spouse (whether of the claimant’s or of a spouse of the claimant’s) falling within subsection (1)(c) of section 12 if the claimant is taken to be “the person in question” for the purposes of that section.