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The Care and Support (Financial Assessment) (Wales) Regulations 2015

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15.—(1) Subject to sub-paragraphs (2) and (3), where A—

(a)is not residing with their spouse or civil partner; and

(b)at least 50% of any occupational pension of A’s, or of any income from a personal pension scheme of A’s, is being paid to, or in respect of, their spouse for that spouse’s maintenance or their civil partner for that civil partner’s maintenance,

an amount equal to 50% of the pension, pensions or income concerned.

(2) Where A is entitled to pensions or income referred to in sub-paragraph (1) from more than one source, all pensions and income to which A is entitled are to be aggregated for the purposes of that sub-paragraph.

(3) This paragraph does not have effect in respect of that part of any pension or income referred to in sub-paragraph (1) to which A’s spouse or civil partner is legally entitled, whether or not under a court order.

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