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2002 No. 1792 SOCIAL SECURITY the State

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2002 No. 1792 SOCIAL SECURITY the State STATE PENSION CREDIT REGULATIONS 2002 SI 2002/1792 2002 No. 1792 SOCIAL SECURITY The State Pension Credit Regulations 2002 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 1992(a), sections 7(4A), 9(4A) and 11(1) and (4) of the Social Security Fraud Act 2001(b) and sections 1(5),2(3), (4) and (6), 3(4) to (8), 4(3), 5, 6(2), 7(4), 9(4) and (5), 12(2) and (3), 15, 16(2) and 17(1) and (2) of the State Pension Credit Act 2002(c), hereby makes the following regulations: ARRANGEMENT OF REGULATIONS PART I General 1. Citation, commencement and interpretation 1A. Disapplication of section 1(1A) of the Social Security Administration Act. PART II Entitlement and amount 2. Persons not in Great Britain 3. Persons temporarily absent from Great Britain 3A. Persons temporarily absent from Great Britain on 6th October 2008 4. Persons receiving treatment outside Great Britain 5. Persons treated as being or not being members of the same household 6. Amount of the guarantee credit 7. Savings credit 8. Special groups 9. Qualifying income for the purposes of savings credit 10. Assessed income period (a) 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. (b) 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). (c) 2002 c. 16. Supplement No. 87 [June 2009] The Law Relating to Social Security 12.5001 SI 2002/1792 STATE PENSION CREDIT REGULATIONS 2002 11. Retirement provision in assessed income period 12. End of assessed income period 13. Small amounts of state pension credit 13A. Part-weeks 13B Date on which benefits are treated as paid. PART III Income 14. Calculation of income and capital 15. Income for the purposes of the Act 16. Retirement pension income 17. Calculation of weekly income 17ZA. Treatment of final payments of income 17A. Earnings of an employed earner 17B Earnings of self-employed earners. 18. Notional income 19. Calculation of capital in the United Kingdom 20. Calculation of capital outside the United Kingdom 21. Notional capital 22. Diminishing notional capital rule 23. Capital jointly held 24. Income paid to third parties 24A. Rounding of fractions. PART IV Loss of benefit 25. Loss of benefit SCHEDULE I Part I Circumstances in which persons are treated as being or not being severely disabled Part II Amount applicable for carers Part III Amount applicable for former claimants of income support or income-related jobseeker’s allowance SCHEDULE II Housing costs SCHEDULE III Special groups 12.5002 Supplement No. 87 [June 2009] The Law Relating to Social Security STATE PENSION CREDIT REGULATIONS 2002 SI 2002/1792 Reg. 1 SCHEDULE IV Amounts to be disregarded in the calculation of income other than earnings SCHEDULE V Income from capital Part I Capital disregarded for the purpose of calculating income Part II Capital disregarded only for the purposes of determining deemed income SCHEDULE VI Sums disregarded from claimant’s earnings PART I General Citation, commencement and interpretation 1.—(1) These Regulations may be cited as the State Pension Credit Regulations 2002 and shall come into force on 6th October 2003. (2) In these Regulations– “the Act” means the State Pension Credit Act 2002; “the 1992 Act” means the Social Security Contributions and Benefits Act 1992(a); ̈1 ̇ “the 2012 Act” means the Welfare Reform Act 2012; 1Defn. of “the 2012 Act” ̈2“adoption leave” means a period of absence from work on ordinary or additional inserted by para. 27(2) adoption leave in accordance with section 75A or 75B of the Employment Rights Act of Sch. to S.I. 2013/388 1996(b);̇ as from 8.4.13. 2 “the appointed day” means the day appointed under section 13(3) of the Act; Defn. of “adoption leave” inserted by reg. 3 ̈ “the Armed Forces and Reserve Forces Compensation Scheme” means the scheme 2(2) of S.I. 2003/2274 established under section 1(2) of the Armed Forces (Pensions and Compensation) Act as from 6.10.03. 2004(c);̇ 3Defn. of “the Armed “attendance allowance” means– Forces and Reserve Forces Compensation (a) an attendance allowance under section 64 of the 1992 Act; Scheme” inserted by (b) an increase of disablement pension under section 104 or 105 of the 1992 reg. 2(1) of S.I. 2005/ Act; 574 as from 4.4.05. (c)-(d) ̈4̇ (e) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries 4Sub-paras. (c) & (d) in (Civilians) Scheme 1983(d) or any analogous payment; or defn. of “attendance allowance” omitted by 5 ̈ (f) any payment based on a need for attendance which is paid as part of a war reg. 10(2)(a) of S.I. disablement pension, or any other such payment granted in respect of 2013/2536 as from disablement which falls within regulation 15(5)(ac);̇ 29.10.13. ̈6“armed forces independence payment” means armed forces independence 5Para. (f) of defn. of payment under the Armed Forces and Reserve Forces (Compensation Scheme) “attendance allowance” ̇ substituted by reg. 4(2) Order 2011; of S.I. 2008/3157 as ̈7“benefit week” means– from 5.1.09. (a) where state pension credit is paid in advance, the period of 7 days beginning 6Defn. of “armed forces independence payment” on the day on which, in the claimant’s case, that benefit is payable; inserted by para. 23(2) (b) where state pension credit is paid in arrears, the period of 7 days ending on of Sch. to S.I. 2013/591 the day on which, in the claimant’s case, that benefit is payable.̇ as from 8.4.13. 7Defn. of “benefit week” (a) 1992 c. 4. substituted by reg. 3(2) (b) 1996 c. 18. Sections 75A and 75B were inserted by section 3 of the Employment Act 2002 of S.I. 2009/3229 as (c. 22). from 6.4.10. (c) 2004 c. 32. (d) S.I. 1983/686; the relevant amending Instruments are S.I. 1983/1164 and 1984/1675. Supplement No. 108 [Sept 2014] The Law Relating to Social Security 12.5003 SI 2002/1792 STATE PENSION CREDIT REGULATIONS 2002 Reg. 1 1Defn. of “board & ̈1“board and lodging accommodation” means accommodation provided to a lodging accommodation” person or, if he is a member of a family, to him or any other member of his family, inserted by reg. 6(2) of for a charge which is inclusive of– S.I. 2005/2465 as from 3.10.05. (i) the provision of that accommodation, and (ii) at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accomm- odation or associated premises, but not accommodation provided by a close relative of his or of his partner or other than on a commercial basis;̇ “care home” has the meaning it has for the purposes of the Care Standards Act 2Words inserted in defn. 2000(a) by virtue of section 3 of that Act ̈2and in Scotland means a care home of “care home” by para. servicė; 1(a) of the Sch. to S.I. ̈3“care home service” has the meaning assigned to it by paragraph 2 of the 2002/3197 as from ̇ 6.10.03. Schedule 12 to the Public Services Reform (Scotland) Act 2010; 3Defn. of “care home “the Claims and Payments Regulations” means the Social Security (Claims and service” substituted by Payments) Regulations 1987(b); para. 35(a) of Sch. 2 to ̈4“the Caxton Foundation” means the charitable trust of that name established S.I. 2011/2581 as from on 28th March 2011 out of funds provided by the Secretary of State for the benefit 28.10.11. of certain persons suffering from hepatitis C and other persons eligible for payment 4Defn. of “the Caxton in accordance with its provisions;̇ Foundation” inserted in “close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter- reg. 1 by reg. 15(2)(a) ̈5 of S.I. 2011/2425 as in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the ̇ from 31.10.11. preceding persons is one member of a couple, the other member of that couple ; 5Words substituted in ̈6“contribution-based jobseekers allowance” means an allowance under the defn. of “close relative” Jobseekers Act 1995 as amended by the provision of Part 1 of Schedule 14 to the by para. 35(2)(a)(i) of 2012 Act that remove references to an income-based allowance, and a contribution- Sch. 3 to S.I. 2005/2877 based allowance under the Jobseekers Act 1995 as that Act has effect apart from as from 5.12.05. those provisions;̇ 6Defn. of “contribution- ̈7 based jobseekers “contributory employment and support allowance” means an allowance under allowance inserted by Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and reg.
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