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3.—(1) The State Pension Credit Regulations shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 8 (income and capital), in paragraph (4)(1) of the substituted regulation 23 (calculation of claimant’s income and capital in savings credit only cases) –
(a)in sub-paragraph (c) –
(i)after head (iii) there shall be inserted “or”, and
(ii)head (v) and the word “or” which precedes it shall be omitted, and
(b)after sub-paragraph (c) there shall be inserted –
“(cc)any amount to be di20egarded by virtue of paragraph 9(1) of Schedule 3A;”.
(3) In Schedule 2 (disregards), in the First Schedule (which is to have effect as Schedule 3A to the Housing Benefit Regulations) –
(a)in paragraph 5(1)(a), after head (v) there shall be inserted –
“(vi)the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002(2);”, and
(b)in paragraph 9(2)(b) –
(i)sub-paragraph (ii)(bb) shall be omitted;
(ii)in sub-paragraph (iii) and (iv), for “30 hours” there shall be substituted “16 hours”;
(iii)in sub-paragraph (iv), “or both are” shall be omitted, and for the words from “week, and” to the end, there shall be substituted “week, and paragraph 5(1) above is satisfied in respect of that person.”, and
(iv)after head (b) there shall be inserted the following –
“or
(c)the claimant is, or, if he has a partner, one of them is, a person to whom regulation 18(3) of the Working Tax credit regulations (eligibility for 50 plus element) applies, or would apply if an application for working tax credit were to be made in his case.”.
(4) In Schedule 2, in the Second Schedule (which is to have effect as Schedule 4A to the Housing Benefit Regulations), in paragraph 22(3), for the words from “entitled” to “2002” there shall be substituted “a person who satisfies the conditions of sub-paragraph (2) of that paragraph”.
Paragraph (4) was amended by regulation 2(5)(a) of S.R. 2003 No. 418
S.I. 2002/2005
Paragraph 22 was amended by regulation 2(14)(b)(ii) of S.R. 2003 No. 418
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