Diwygio Atodlen 3 i'r Prif Reoliadau — Diystyru Incwm

3.   Yn Atodlen 3 i'r Prif Reoliadau (symiau i'w diystyried wrth gyfrifo incwm heblaw enillion)

(a) ym mharagraff 17—

(i) yn is-baragraff (a), ar ôl “(permitted allowances)” rhodder “or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002(1))”

(ii) ar y diwedd ychwaneger yr is-baragraff canlynol—

“(2) Any payment other than a payment to which to which sub-paragraph (1)(a) applies, made to the resident in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.”;

(b) Ar ôl paragraff 28G mewnosoder y paragraffau canlynol—

“Pension Credit

28H.— (1) Where a resident is in receipt of savings credit as a person who has no partner and has qualifying income not exceeding the standard minimum guarantee—

(a) the amount of that savings credit where the amount received is £4.50 or less; or

(b) £4.50 of that savings credit where the amount received is greater than £4.50.

(2) Where a resident—

(a) has no partner;

(b) has attained the age of 65; and

(c) has qualifying income in excess of the standard minimum guarantee,

£4.50 of that qualifying income.

(3) Where a resident is in receipt of savings credit as a person who has a partner and has qualifying income not exceeding the standard minimum guarantee—

(a) the amount of that savings credit where the amount received is £6.75 or less; or

(b) £6.75 of that savings credit where the amount received is greater than £6.75.

(4) Subject to paragraph (5) where a resident—

(a) has a partner;

(b) has—

(i) attained the age of 65; or

(ii) has attained the qualifying age and his partner has attained the age of 65; and

(c) has qualifying income in excess of the standard minimum guarantee,

a sum of £6.75.

(5)  Where the sum referred to in sub-paragraph (4) has been disregarded in the assessment of the resident’s partner’s income under these Regulations, sub-paragraph (4) does not apply to the resident.

(6) For the purposes of this paragraph—

(a) a resident has a partner if he would be considered to have a partner for the purposes of the Pension Credit Regulations(2).

(b) “qualifying age” has the same meaning as in section 1(6) of the State Pension Credit Act 2002(3);

(c) “qualifying income” shall be construed in accordance with regulation 9 of the Pension Credit Regulations and for the purposes of sub-paragraphs (3) and (4) the resident’s qualifying income shall include any qualifying income of his partner.

(d) “Standard minimum guarantee” means, for the purposes of —

(i) sub-paragraphs (1) and (2), the amount prescribed by regulation 6(1)(b) of the Pension Credit Regulations; and

(ii) sub-paragraphs (3) and (4), the amount prescribed by regulation 6(1)(a) of the Pension Credit Regulations.

28I.   Any payment made to a temporary resident in lieu of concessionary coal pursuant to section 19 (1)(b) or (c) of the Coal Industry Act 1994(4).”

(1)

2002 p.38.

(2)

O.S. 2002/1792 (“Rheoliadau 2002”). Yn Rheoliadau 2002 cyfeirir at ddau aelod o gwpl priod neu ddi-briod fel “partners” (gweler rheoliad 1(3)). Diffinnir ymadroddion “married couple” ac “unmarried couple”, at ddibenion Rheoliadau 2002, yn adran 17 o Ddeddf Credyd Pensiwn Gwladol 2002 (p.16). Ystyr “married couple” yw dyn a menyw sy'n briod â'i gilydd ac yn byw ar yr un aelwyd. Mae Rheoliad 5 o Reoliadau 2002 yn nodi'r amgylchiadau pan ymdrinnir â chwpl sy'n briod fel rhai nad ydynt yn aelodau o'r un aelwyd. Ystyr “unmarried couple” yw dyn a menyw nad ydynt yn briod â'i gilydd ond sy'n byw gyda'i gilydd fel gŵr a gwraig heblaw mewn amgylchiadau a ragnodir.

(3)

2002 p. 16.

(4)

1994 p.21.