40.—(1) Where A 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 £5.75 or less; or
(b)£5.75 of that savings credit where the amount received is greater than £5.75.
(2) Where A—
(a)has no partner;
(b)has attained the age of 65; and
(c)has qualifying income in excess of the standard minimum guarantee,
a sum of £5.75.
(3) Where A 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 £8.60 or less; or
(b)£8.60 of that savings credit where the amount received is greater than £8.60.
(4) Subject to sub-paragraph (5), where A—
(a)has a partner;
(b)has—
(i)attained the age of 65; or
(ii)has attained pension credit age and A’s partner has attained the age of 65; and
(c)has qualifying income in excess of the standard minimum guarantee,
a sum of £8.60.
(5) Where—
(a)the sum referred to in sub-paragraph (4) has been disregarded in the assessment of A’s partner’s income under these Regulations; or
(b)A’s partner is in receipt of savings credit,
sub-paragraph (4) does not apply to A.
(6) For the purposes of this paragraph—
(a)A has a partner if A would be considered to have a partner for the purposes of the Pension Credit Regulations;
(b)“qualifying income” (“incwm cymhwyso”) is to be construed in accordance with regulation 9 of the Pension Credit Regulations and for the purposes of sub-paragraphs (3) and (4) the person’s qualifying income includes any qualifying income of the A’s partner;
(c)“standard minimum guarantee” (“gwarant isafswm safonol”) 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.