Rheoliadau Cymorth Gwladol (Asesu Adnoddau) (Diwygiad Rhif 2) (Cymru) 2003

““the Pension Credit Regulations” means the State Pension Credit Regulations 20024

““savings credit” means a savings credit under the State Pension Credit Act 20025

““ less dependent resident” means a resident who is in, or for whom accommodation is proposed to be provided in, premises which are not an establishment which is carried on or managed by a person who is registered under Part II of the Care Standards Act 20006;”.

“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 Regulations8.

(b)

“qualifying age” has the same meaning as in section 1(6) of the State Pension Credit Act 20029;

(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 199410.”