The Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations 2020

JurisdictionUK Non-devolved
CitationSI 2020/655
(1) These Regulations may be cited as the Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations 2020.(2) These Regulations come into force on 25th November 2020.(1) The State Pension Credit Regulations 2002 are amended as follows.in paragraph (2) , for “paragraph (1) ” substitute “ paragraphs (1) and (5) ”;after paragraph (2) , insert—
  • (3) Paragraph (5) applies where a claimant (“C”) , who has attained the qualifying age, would otherwise not be entitled to either state pension credit or universal credit, because—
  • (a) but for that paragraph, C would be a member of the same household as a partner who has not attained the qualifying age and therefore a member of a mixed-age couple excluded from state pension credit by virtue of section 4(1A) , and
  • (b) C is neither entitled to universal credit jointly with that partner, nor entitled to universal credit as a single person, in one of the cases set out in paragraph (4) .
but for that paragraph, C would be a member of the same household as a partner who has not attained the qualifying age and therefore a member of a mixed-age couple excluded from state pension credit by virtue of section 4(1A) , andC is neither entitled to universal credit jointly with that partner, nor entitled to universal credit as a single person, in one of the cases set out in paragraph (4) .paragraph (3) (treatment of certain couples – universal credit may only be claimed as a single person) ;paragraph (4) (treatment of polygamous marriages) , so that C is not entitled to universal credit because C may only claim universal credit either as one of two parties to a polygamous marriage to be treated as a couple where the other party has also attained the qualifying age, or as a remaining party to such a marriage to be treated as single;paragraph (6) (absence from the household – universal credit may only be claimed as a single person) ; orC and their partner are no longer a couple; orC is party to a marriage that is no longer polygamous and C's remaining spouse has attained the qualifying age.C and their partner, who are to be treated as a non-polygamous couple in accordance with sub-paragraph (a) (ii) of paragraph (4) , or who are no longer parties to a polygamous marriage in accordance with sub-paragraph (b) (ii) , are to be treated as members of the same household as each other but not of that of any party (or parties) with whom they are not part of a couple in accordance with those provisions; orC, who is to be treated as single in accordance with sub-paragraph (a) (i) to (iii) of paragraph (4) , or is single in accordance with sub-paragraph (b) (i) , is to be treated as though C is not a member of the same household as any party (or parties) with whom C is not part of a couple in accordance with those provisions,in relation to universal credit entitlement, “assessment period” has the meaning prescribed by regulation 21 of the Universal Credit Regulations 2013;“mixed-age”, in respect of a couple or a marriage, means where one member has attained the qualifying age and the other has not;the definition in sub-paragraph (b) includes a polygamous marriage where at least one party to the marriage has attained the qualifying age and at least one has not; andpolygamous marriage” means a marriage during which a party to it is married to more than one person and which took place under the laws of a country that permits polygamy.(3) In regulation 15 (income for the purposes of the State Pension Credit Act 2002) , before sub-paragraph (a) of paragraph (1) insert—
  • (za) universal credit;
.
universal credit;(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.(2) In regulation 29 (meaning of income) , before paragraph (i) of sub-paragraph (j) of paragraph (1) insert—
    (zi) universal credit;
.
universal credit;(1) The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 are amended as follows.(2)

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