PART 4 E+W+SModifications relating to certain persons who claim State Pension Credit

Modifications relating to certain persons who claim State Pension CreditE+W+S

12.—(1) This Part applies where—

(a)a person becomes entitled to state pension credit;

(b)that person or that person's partner ceases to be entitled to a relevant benefit;

(c)that person or [F1that person’s] partner is a person to whom[F2— ;

(i)Part 2 applies, or

(ii)Part 3 (as it has effect, in relation to the person or that person’s partner, on and after 5th January 2010) applies or would have applied had the person claiming state pension credit remained entitled to a relevant benefit.]

(d)the last day on which the person or [F1that person’s] partner was entitled to a relevant benefit was no more than 12 weeks before—

(i)except where head (ii) applies, the first day of entitlement to state pension credit; or

(ii)where the claim for state pension credit was treated as made on a day earlier than the day on which it was actually made (“the actual date”), the day which would have been the first day of entitlement to state pension credit had the claim been treated as made on the actual date; and

(e)in the period immediately before the date on which the person's entitlement to the relevant benefit ended, [F1that person’s] applicable amount included an amount in respect of housing costs under any of the provisions mentioned below.

(2) The provisions are—

(a)paragraph 16 (loans on residential property) or 17 (loans for repairs and improvements to the dwelling occupied as the home) of Schedule 6 to the Employment and Support Allowance Regulations;

(b)paragraph 15 (loans on residential property) or 16 (loans for repairs and improvements to the dwelling occupied as the home) of Schedule 3 to the Income Support Regulations;

(c)paragraph 14 (loans on residential property) or 15 (loans for repairs and improvements to the dwelling occupied as the home) of Schedule 2 to the Jobseeker's Allowance Regulations.

(3) Paragraph 8(2) (general provisions applying to housing costs) M1 of Schedule 2 to the State Pension Credit Regulations is to apply in relation to a person to whom this Part applies as if the reference to “£100,000” were to “£200,000”.