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State Pension Credit Act (Northern Ireland) 2002

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This is the original version (as it was originally enacted).

Polygamous marriages

12.—(1) This section applies to any case where—

(a)a person (“the person in question”) is a husband or wife by virtue of a marriage entered into under a law which permits polygamy;

(b)either party to the marriage has for the time being any spouse additional to the other party; and

(c)the person in question, the other party to the marriage and the additional spouse are members of the same household.

(2) Regulations under this section may make provision—

(a)as to the entitlement of the person in question to state pension credit;

(b)as to any guarantee credit or savings credit to which that person is entitled;

(c)for prescribing a different amount as the standard minimum guarantee in the case of the person in question;

(d)in a case where the person in question is the claimant, for treating the income and capital of the other party and of the additional spouse as income and capital of the person in question.

(3) Any such regulations may provide—

(a)that prescribed provisions shall apply instead of prescribed provisions of this Act; or

(b)that prescribed provisions of this Act shall not apply or shall apply subject to prescribed modifications or adaptations.

(4) Except in relation to the amount of the standard minimum guarantee, any power to prescribe amounts by virtue of this section includes power to prescribe nil as an amount.

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