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Amendment of Third Schedule to Principal Act (rules as to calculation of means).
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18.—The Third Schedule to the Principal Act is hereby amended by—
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(a) the insertion after paragraph (4) of Rule 1 of the following proviso:
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“Provided that, where such income is attributable to a period prior to the year immediately preceding the date of calculation but is received in a subsequent year, it shall be regarded for the purposes of this paragraph as having been received in the year to which it is attributable.”,
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(b) the insertion after paragraph (2) of Rule 2 of the following paragraph:
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“(3) In the case of a person to whom paragraph (1) applies, where the income or the yearly value of the property taken to be part of his means for the purposes of that paragraph has reduced since the date of calculation, the calculation may be revised, subject to such conditions and in such circumstances as may be prescribed, but regulations made under this paragraph shall not cause the income or the yearly value of the property taken to be part of his means to be increased.”,
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(c) the substitution for Rule 3 (as amended by section 18 of the Act of 1990) of the following Rule:
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“3. (1) In the case of pensions under Chapter 3 or a carer's allowance under Chapter 5B of Part III, the following provisions shall have effect when calculating the means of a person who is one of a couple living together—
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(a) the means of the person shall be taken to be one-half of the total means of the couple;
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(b) the person shall be deemed to be entitled to one-half of all property to which the person or the other member of the couple is entitled or to which the person and the other member of the couple are jointly entitled;
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(c) for the purposes of this Rule, the means of each member of the couple shall first be determined in accordance with these Rules (each being regarded as an applicant for a pension or a pension at a higher rate or carer's allowance, as the case may be) and the total means shall be the sum of the means of each member as so determined;
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(d) where one member of the couple dies, nothing which was reckoned for the purposes of pension, or would (if such deceased member had beenentitled to receive any pension) have been so reckoned, as means of the deceased member shall be so reckoned as means of the surviving member for the purpose of reducing the pension of the surviving member if any payment in respect of that pension was made before the death of the deceased member or becomes payable in respect of a period previous or part of which was previous to that death.
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(2) In paragraph (1) ‘couple’ means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as man and wife.
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(3) In calculating the means of a person who is one of a married couple living apart from his spouse, any sum paid by him to his spouse under a separation order shall be deducted in calculating his means.”, and
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(d) the substitution for Rule 4 (as amended by section 13 of the Act of 1990) of the following Rule:
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“4. Notwithstanding these Rules, where—
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(a) a pension under Chapter 3, 4 or 5A of Part III is in course of payment to or in respect of a person or the spouse of the person or both of them, and
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(b) a pension or pensions (in this Rule referred to as ‘the other pension’), not being a pension or pensions mentioned in paragraph (a), is in course of payment to or in respect of the person or the spouse of the person or both of them,
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in calculating the means of the person or of the spouse or of both of them for the purposes of Chapter 3, 4 or 5A (as the case may require) of Part III, any portion of the amount of an increase in the other pension or the aggregate increase, where more than one increase in the other pension has occurred, which, if it were reckoned as means, would result in a reduction in the amount of the pension or combined pensions (as the case may be) which would be greater than the amount by which the other pension has been increased, shall not be reckoned as means.”.
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