The Income Support (General) Regulations 1987

Higher Pensioner Premium E+W+S

10.— [F1 (1) [F2 Subject to sub-paragraph (6), the] condition is that—

(a) the claimant’s partner is aged not less than 80; or

(b) the claimant’s partner is aged less than 80 but [F3 not less than the qualifying age for state pension credit] and either—

(i) the additional condition specified in [F4 paragraph 12(1)(a), (c) or (d)] is satisfied; or

(ii) the claimant was entitled to, or was treated as being in receipt of, income support and—

(aa) the disability premium was or, as the case may be, would have been, applicable to him in respect of a benefit week within eight weeks of [F5 the day his partner attained the qualifying age for state pension credit]; and

(bb) he has, subject to sub-paragraph (3), remained continuously entitled to income support since his partner attained [F6 the qualifying age for state pension credit].]

(3) For the purposes of this paragraph and paragraph 12—

(a) once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of eight weeks or less, to be entitled to [F7 or treated as entitled to] income support, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto;

(b) in so far as [F8 sub-paragraph (1)(b)(ii) is] concerned, if a claimant ceases to be entitled to [F7 or treated as entitled to] income support for a period not exceeding eight weeks which includes [F9 the day his partner attained the qualifying age for state pension credit], he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto.

[F10 (4) In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii)F11 ... and (3)(b) to a period of 8 weeks shall be treated as references to a period of [F12 104 weeks].]

[F13 (5) For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.]

[F14 (6) The condition is not satisfied if the claimant’s partner to whom sub-paragraph (1) refers is a long-term patient.]

Textual Amendments

F1 Sch. 2 para. 10(1) substituted for Sch. 2 para. 10(1) (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 29(5)(c)(i)

F2 Words in Sch. 2 para. 10(1) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(b)(i)

F3 Words in Sch. 2 para. 10(1)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 3(3)(a)

F4 Words in Sch. 2 Pt. III para. 10(1)(b)(i) substituted (6.10.2003) by The Income Support (General) Amendment Regulations 2003 (S.I. 2003/2379), regs. 1, 2(2)

F5 Words in Sch. 2 para. 10(1)(b)(ii)(aa) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 3(3)(b)

F6 Words in Sch. 2 para. 10(1)(b)(ii)(bb) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 3(3)(c)

F7 Words in Sch. 2 para. 10(3)(a)(b) inserted (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(3)(b)(ii)

F8 Words in Sch. 2 para. 10(3)(b) substituted and words inserted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 29(5)(c)(ii)

F9 Words in Sch. 2 para. 10(3)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 3(3)(b)

F10 Sch. 2 para. 10(4) added (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 13(3)(a)

F11 Words in Sch. 2 para. 10(4) omitted (coming into force in accordance with reg. 1(7) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 2(7)(b)(ii)

F12 Words in Sch. 2 para. 10(4) substituted (9.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(7), 5(7)(a)

F13 Sch. 2 para. 10(5) added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(3)(b)(iii)

F14 Sch. 2 para. 10(6) inserted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(b)(iii)

Modifications etc. (not altering text)

C1 Sch. 2 applied (with modifications) (8.4.2013) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2)(b), 24(2))

Commencement Information

I1 Sch. 2 para. 10 in force at 11.4.1988, see reg. 1