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Paragraph 1 Polygamous marriagesI1

Northern Ireland

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

(1)

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

(2)

The following provision shall apply instead of section 3(1) of the Act (savings credit) –

“(1)

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

(a)

the case is one to which that section applies, and

(b)

any one or more of the persons falling within section 12(1)(c) of the Act has attained the age of 65.”.

(3)

The following provision shall apply instead of section 4(1) of the Act (exclusions) –

“(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 of the Act (polygamous marriages) –

(a)

the case is one to which that section applies, and

(b)

any one or more of the other persons falling within section 12(1)(c) of the Act is entitled to state pension credit.”.

(4)

The following provision shall apply instead of section 5 of the Act (income and capital of claimant, spouse, etc.) –

“(1)

This section applies in any case to which section 12 of the Act (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 section 12(1)(c) of the Act shall be treated for the purposes of this Act as income and capital of the claimant, except where regulations provide otherwise.”.

(5)

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

“(1)

Except as provided in the following provisions of these Regulations, in a case to which section 12 of the Act (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)

F1£230∙85 per week in respect of the claimant and any one spouse of the claimant's; and

(b)

£78∙15 per week in respect of each additional spouse (whether of the claimant or that spouse) who falls within section 12 (1)(c) of the Act.”.

(6)

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).

(7)

In regulation 7 (savings credit) for paragraph (2) there shall be substituted the following paragraph –

“(2)

In any case to which section 12 of the Act (polygamous marriages) applies, 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 F2£201∙80.”.

(8)

In regulations F3... 5, 6(8), 10, 12 and 14 and in paragraph 6(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.

(9)

For the purposes of regulation 6(5)(a) and (b), paragraph 1(1)(b)(i) of Part I of Schedule 1 is satisfied only if both partners and each additional spouse to whom this paragraph applies are in receipt of F4armed forces independence payment, attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act.

(10)

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

(a)

both partners and each additional spouse to whom this paragraph applies all fall within either paragraph 1(1)(c)(i) or (ii) of that Schedule;

(b)

at least one of them falls within paragraph 1(1)(c)(i) of that Schedule;

(c)

at least one of them falls within paragraph 1(1)(c)(ii) but not paragraph 1(1)(c)(i) of that Schedule, and

(d)

either paragraph 1(1)(c)(iv) of that Schedule is satisfied or a person is entitled to and in receipt of an allowance under section 70 of the Contributions and Benefits Act in respect of caring for one or more, but not all, the persons who fall within paragraph 1(1)(c)(i) of that Schedule.

(11)

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 section 12(1)(c) of the Act if the claimant is taken to be “the person in question” for the purposes of that section.

Annotations

Textual amendments

F1

Sums in Sch. 3 para. 1(5) substituted (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (S.R. 2015/124), arts. 1(1)(k), 24(5)(a)

F2

Sum in Sch. 3 para. 1(7) substituted (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (S.R. 2015/124), arts. 1(1)(k), 24(5)(b)

F3

Word in Sch. 3 para. 1(8) omitted (6.10.2008) by virtue of The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2008 (S.R. 2008/410), regs. 1(1), 3(4)

F4

Words in Sch. 3 para. 1(9) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 23(6)

Commencement

I1

Sch. 3 para. 1 in operation at 6.10.2003, see reg. 1(1)