The State Pension Credit Regulations 2002

Further provisions in the case of patients

2.—(1) Sub-paragraph (2) applies in the case of—

(a) a claimant who; or

(b) a claimant who has a partner one or both of whom; or

(c) a claimant who is a member of a polygamous marriage one or more of whose members,

is or are a patient, and has or have been a patient for a period F1 ... 52 weeks (“long term patient”).

(2) In the case of a claimant to whom paragraph (1) applies and who—

(a) has no partner, section 2(3) has effect with the substitution for the reference to the standard minimum guarantee in paragraph (a) of a reference to an amount [F2 equal to 20] per cent. of the weekly rate of the basic pension for the time being specified in section 44(4) of the 1992 Act [F3 (“the standard reduction”)];

(b) has a partner and one of the partners is a long term patient, section 2(3) has effect with the substitution for the reference to the standard minimum guarantee in paragraph (a) of a reference to an amount determined by taking the amount for the time being specified in regulation 6(1)(a) and reducing it by an amount equal to [F4 the standard reduction];

(c) has a partner and both partners are long term patients, section 2(3) has effect with the substitution for the reference to the standard minimum guarantee in paragraph (a) of a reference to an amount determined by taking the amount for the time being specified in regulation 6(1)(a) and reducing it by an amount equal to twice the sum of the standard reduction;

(d) is a member of a polygamous marriage and one or more members of the marriage are long term patients, section 2(3) has effect with the substitution for the reference to the standard minimum guarantee in paragraph (a) of a reference to an amount determined by taking the amount for the time being specified in regulation 6(1)(a) and (b), as substituted by paragraph 1(5), for the members of the marriage and reducing it by an amount equal to the standard reduction multiplied by the number of members who are long term patients.

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of [F6 sub-paragraph (2), the standard reduction] shall be rounded to the nearest 5 pence, 2.5 pence being rounded to the next 5 pence above.

(5) For any period in respect of which sub-paragraph (2) F7 ... applies to a claimant, “amount B” in section 3(4) (savings credit) shall have effect with the substitution in paragraph (a) to the appropriate minimum guarantee of a reference to an amount determined—

(a) by taking the amount for the time being prescribed under section 2(4); and

(b) adding to it such amount (if any) as may be applicable in his case in accordance with section 2(3)(b);

and the claimant’s income for the purposes of section 3 shall be determined as if the reductions specified in sub-paragraph (2) do not apply in his case.

(6) In calculating for the purpose of this [F8 paragraph] periods of F9 ... 52 weeks, any periods separated by 28 days or less in which a person is a patient shall link to form one single such period.

Textual Amendments

F1 Words in Sch. III para. 2(1) omitted (21.5.2003) by virtue of The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(a), 8(3)(a)

F2 Words in Sch. III para. 2(2)(a) substituted (21.5.2003) by The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(a), 8(3)(b)(i)

F3 Words in Sch. III para. 2(2)(a) added (21.5.2003) by The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(a), 8(3)(b)(ii)

F4 Words in Sch. III para. 2(2)(b) substituted (21.5.2003) by The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(a), 8(3)(c)

F5 Sch. III para. 2(3) omitted (21.5.2003) by virtue of The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(a), 8(3)(d)

F6 Words in Sch. III para. 2(4) substituted (21.5.2003) by The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(a), 8(3)(e)

F7 Words in Sch. III para. 2(5) omitted (21.5.2003) by virtue of The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(a), 8(3)(f)

F8 Word in Sch. III para. 2(6) substituted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), reg. 1(1)(b), Sch. para. 10(b)

F9 Words in Sch. III para. 2(6) omitted (21.5.2003) by virtue of The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(a), 8(3)(g)