The Care and Support (Charging and Assessment of Resources) Regulations 2014

40.—(1) Where the adult 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 the adult—

(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 the adult 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 the adult—

(a) has a partner;

(b) has—

(i) attained the age of 65; or

(ii) has attained pension credit age and the adult’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 the adult’s partner’s income under these Regulations; or

(b) the adult’s partner is in receipt of savings credit,

sub-paragraph (4) does not apply to the adult.

(6) For the purposes of this paragraph—

(a) the adult has a partner if the adult would be considered to have a partner for the purposes of the Pension Credit Regulations;

(b) “qualifying income” is to be construed in accordance with regulation 9 of the Pension Credit Regulations(1) and for the purposes of sub-paragraphs (3) and (4) the adult’s qualifying income includes any qualifying income of the adult’s partner;

(c) “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(2); and

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

(1)

Regulation 9 was amended by S.I. 2008/1554 and 2013/630.

(2)

The amounts in regulation 6 were up-rated by S.I. 2014/516.