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The two basic qualifying criteria are found in s.44 (1) of the Social Security
Contributions and Benefits Act 1992 (SSCBA 1992).
The first is that the Claimant must be over pensionable age (SSCBA 1992 s. 44(1)
(a)). To determine when this is we must consider the Pensions Act 1995 (PA
1995). Anthonys date of birth is 1 st September 1949, therefore s.1(1) of that Act
applies and Anthony will attain pensionable age when he attains the age of 65
years. Anthony is currently 63, therefore he has not yet attained pensionable
age, and therefore he does not satisfy the first qualifying criterion.
The second basic qualifying criterion is that the Claimant satisfies the relevant
conditions or condition (SSCBA 1992 s. 44(1)(b)). By s. 44 (1A)(b) of the same
Act , the condition is specified in Schedule 3, Part I, paragraph 5A, as Anthony did
not attain pensionable age before 6th April 2010. This is confirmed by Schedule 3,
Part I, paragraph 5A (1)(a). s. 2 of that paragraph states that the condition is that
the claimant must have paid or been credited with contributions of a relevant
class or been credited with earnings for each of not less than 30 years of his life,
and that in each of those years, the earnings factor must not be less than that
years qualifying earnings factor. Anthony has worked full time for 41 years, and I
am told to assume that for every year that Anthony worked full-time he paid
sufficient National Insurance Contributions to satisfy the requirement for that
year, and that his earnings factor is sufficient. Therefore, Anthony does satisfy
this requirement.
It must be noted that in order to be entitled to a Category A retirement pension
both of the qualifying criteria must be fulfilled. Anthony only satisfies the second
of the qualifying criteria. However, we are able to say that under the law
provided Anthony will satisfy both requirements on 1 st September 2014, when he
reaches his 65th birthday.
The three basic qualifying criteria are found in s. 1(2) of the State Pensions Credit
Act 2002 (SPCA 2002).
The first is that the Claimant must be in Great Britain (SPCA 2002 s. 1(2)(b)).
Anthony is in Bournemouth, and Bournemouth is in Great Britain, and therefore
this criterion is satisfied.
The second is that the Claimant must have attained qualifying age (SPCA 2002 s.
1(2)(b)). By s. 1(6)(b) of the SPCA 2002 qualifying age, in the case of a man,
means the pensionable age of a woman born on the same day as the man.
Anthonys date of birth is 1st September 1949. A woman born on this day would
attain pensionable age when she attained the age of 60, as provided by the PA
1995 s. 1(2). Therefore, the qualifying age relevant to Anthony in the SPCA 2002
is 60. Anthony is currently 63 years old, and therefore he does satisfy this

As to the third, I am asked only to consider Guaranteed Credit. Therefore the

third criterion is that the Claimant must satisfy the condition in s. 2(1) of the
SPCA 2002 (SPCA 2002 s. 1(2)(c)(i)). This condition is that the claimant has no
income or has income which does not exceed the appropriate minimum
guarantee. By s. 2(3) of the SPCA 2002 the appropriate minimum guarantee is
the total of the standard minimum guarantee and such prescribed additional
amounts as may be applicable. By s. 2(6) of the SPCA 2002 regulations may
substitute the standard minimum guarantee for a prescribed amount in
prescribed cases, but no such regulation is applicable in this case. By subs (5)
the standard minimum guarantee is to be a uniform single amount which is
higher for a couple. Anthony is in a couple as couple is defined in s. 17(1) as
including a man and woman who are not married to each other but are living
together as husband and wife otherwise than in prescribed circumstances. The
fact that Anthony and Betty have lived together for the last 15 years, and do
everything together, and are rarely outside each others company all strongly
suggest that this will be fulfilled. Therefore, by the State Pensions Credit
Regulations 2002 (SPCR 2002) s.6 (1)(a) the standard minimum guarantee is
202.40 per week. I have been asked to assume that all of the statute necessary
to answer the question has been provided, and therefore no additional amounts
are applicable in this case, as the tests for all possible additional amounts
reference sections which are not provided. Therefore, the appropriate minimum
guarantee is 202.40 per week.
We must then consider what Anthonys income is. By s. 17(1) SPCA 2002 income
is to be construed in accordance with s. 15. By s. 5 we must aggregate Anthonys
and Bettys income and capital and treat it as Anthonys. By s. 15(1)(c)
retirement pension income is included: in this case, 128.33 per week. Royalties
are included under s. 15(5)(f) of the SPCR 2002 so we must include Bettys
39.27 per week for her book. Income from capital is also included by s. 15(1)(i)
and s. 15(2) SPCA 2002 as prescribed by s15(1)(6) SPCR 2002. By this latter
section a claimants capital shall be deemed to yield a weekly income of 1 for
each 500 in excess of 10,000 and 1 for any excess which is not a complete
500. I have mentioned that we must aggregate Anthonys and Bettys capital,
therefore the capital figure we must consider is 7,500 + 9358 = 16,858. From
this we minus the 10,000 which is not to be considered (6,858), divide by 500
to find the number 500s, and round up to account for excess which is not a
complete 500. This gives us a deemed income from capital of 14 per week.
Prescribed social security benefits are included by s. 15(1)(e), however we need
not include Bettys DLA as DLA is not prescribed (s15(1)(a) SPCR 2002). Adding
up these figures, Anthony has an income of 181.60 per week. This is less than
the appropriate minimum guarantee of 202.40 per week, therefore Anthony
fulfils this criterion.
Anthony therefore satisfies all three criteria and is entitled to a State Pension
Credit (Guaranteed Credit). The amount that he will receive is the difference
between the appropriate minimum guarantee and his income (s.2(2)(b) SPCA
2002). This is 202.40 - 181.60 = 20.80 per week.