The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002

Made: 4th December 2002

Laid before Parliament: 10th December 2002

Coming into force

The Treasury, with the concurrence of the Secretary of State, in relation to regulation 23(i), and the Secretary of State in relation to the remainder of the Regulations, in exercise of the powers conferred upon them by the powers specified in the Schedule to this Instrument, by this Instrument, which contains only regulations made by virtue of or consequential upon sections 1 to 17 of the State Pension Credit Act 2002 and which is made before the end of the period of 6 months beginning with the coming into force of those provisions , hereby make the following Regulations:

PART I — GENERAL

Citation, commencement and interpretation

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• (1) These Regulations may be cited as the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002.

• (2) These Regulations shall come into force—

• (a) for the purposes of this Part and Parts II, III and VII on 7th April 2003;

• (b) for all other purposes on 6th October 2003.

• (3) In these Regulations—

• “the Act” means the State Pension Credit Act 2002 ;

• “the Administration Act” means the Social Security Administration Act 1992 ;

• “the 1998 Act” means the Social Security Act 1998 ;

• “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 ;

• “the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;

• “the appointed day” means the day appointed under section 13(3) of the Act;

• “the State Pension Credit Regulations” means the State Pension Credit Regulations 2002 .

PART II — AMENDMENTS TO THE CLAIMS AND PAYMENTS REGULATIONS

Interpretation of Part II

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The Claims and Payments Regulations shall be amended in accordance with the following provisions of this Part; and in this Part, unless the context otherwise requires, any reference to a regulation or a Schedule is to the regulation or Schedule bearing that number in the Claims and Payments Regulations.

Amendment of regulation 2

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In regulation 2—

• (a) in paragraph (1)—

• (i) immediately before the definition of “appropriate office” insert—

• “the 2002 Act” means the State Pension Credit Act 2002;
• “advance period” means the period specified in regulation 4E(2);

• (ii) immediately before the definition of “instrument for benefit payment” insert—

• “guarantee credit” is to be construed in accordance with sections 1 and 2 of the 2002 Act;

• (iii) after the definition of “personal pension scheme”[^f00009] insert—

• “qualifying age” has the same meaning as in the 2002 Act by virtue of section 1(6) of that Act;

• (iv) after the definition of “retirement annuity contract”[^f00010], insert—

• “state pension credit” means state pension credit under the 2002 Act;
• “State Pension Credit Regulations” means the State Pension Credit Regulations 2002[^f00011];

• (b) in paragraph (2), in sub-paragraph (b), after the words “income support”, insert “, state pension credit”;

• (c) after paragraph (3), insert—

(4) In these Regulations, references to “beneficiary” include any person entitled to state pension credit.

Claims for state pension credit

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• (1) In regulation 4 (making a claim for benefit), at the end, insert—

(10) This regulation shall not apply to a claim for state pension credit.

• (2) In regulation 4B (forwarding claims and information), in paragraph (1), in sub-paragraph (b), after the word “applies” insert “ or for state pension credit ”.

• (3) After regulation 4C, insert—

(4D) (1) A claim for state pension credit need only be made in writing if the Secretary of State so directs in any particular case. (2) A claim is made in writing either— (a) by completing and returning in accordance with the instructions printed on it a form approved or provided by the Secretary of State for the purpose; or (b) in such other written form as the Secretary of State accepts as sufficient in the circumstances of the case. (3) A claim for state pension credit may be made in writing whether or not a direction is issued under paragraph (1) and may also be made by telephone to, or in person at, an appropriate office or other office designated by the Secretary of State for accepting claims for state pension credit. (4) A claim made in writing may also be made at the offices of— (a) a local authority administering housing benefit or council tax benefit; (b) a person providing services to such an authority; or (c) a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit. (5) Any claim made in accordance with paragraph (4), together with any information and evidence supplied in connection with making the claim, shall be forwarded as soon as reasonably practicable to the Secretary of State by the person who received the claim. (6) A claim for state pension credit made in person or by telephone is not a valid claim unless a written statement of the claimant’s circumstances, provided for the purpose by the Secretary of State, is approved by the person making the claim. (7) A married or unmarried couple may agree between them as to which partner is to make a claim for state pension credit, but in the absence of an agreement, the Secretary of State shall decide which of them is to make the claim. (8) Where one member of a married or unmarried couple (“the former claimant”) is entitled to state pension credit under an award but a claim for state pension credit is made by the other member of the couple, then, if both members of the couple confirm in writing that they wish the claimant to be the other member, the former claimant’s entitlement shall terminate on the last day of the benefit week specified in paragraph (9). (9) That benefit week is the benefit week of the former claimant which includes the day immediately preceding the day the partner’s claim is actually made or, if earlier, is treated as made. (10) If a claim for state pension credit is defective when first received, the Secretary of State is to provide the person making it with an opportunity to correct the defect. (11) If that person corrects the defect so that the claim then satisfies the requirements of paragraph (2) and does so within 1 month of the date the Secretary of State last drew attention to the defect, the claim shall be treated as having been properly made on the date— (a) the defective claim was first received by the Secretary of State or the person acting on his behalf; or (b) if regulation 4F(3) applies, the person informed an appropriate office of his intention to claim state pension credit. (12) Paragraph (11) does not apply in a case to which regulation 4E(3) applies. (13) State pension credit is a relevant benefit for the purposes of section 7A of the Social Security Administration Act 1992 . (4E) (1) A claim for state pension credit may be made, and any claim made may be determined, at any time within the advance period. (2) The advance period begins on the date which falls 4 months before the day on which the claimant attains the qualifying age and ends on the day before he attains that age. (3) A person who makes a claim within the advance period which is defective may correct the defect at any time before the end of the advance period. (4F) (1) This regulation applies in the case of a person who claims state pension credit on or after attaining the qualifying age. (2) The date on which a claim is made shall, subject to paragraph (3), be— (a) where the claim is made in writing and is not defective, the date on which the claim is first received— (i) by the Secretary of State or the person acting on his behalf; or (ii) in a case to which regulation 4D(4) relates, in the office of a person specified therein; (b) where the claim is not made in writing but is otherwise made in accordance with regulation 4D(3) and is not defective, the date the claimant provides details of his circumstances by telephone to, or in person at, the appropriate office or other office designated by the Secretary of State to accept claims for state pension credit; or (c) where a claim is initially defective but the defect is corrected under regulation 4D(11), the date the claim is treated as having been made under that regulation. (3) If a claimant— (a) informs an appropriate office of his intention to claim state pension credit; and (b) subsequently makes the claim in accordance with regulation 4D within 1 month of complying with sub-paragraph (a), or within such longer period as the Secretary of State may allow, the claim may, where in the circumstances of the particular case it is appropriate to do so, be treated as made on the day the claimant first informed the appropriate office of his intention to claim the credit.

Evidence and information

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In regulation 7 (evidence and information)—

• (a) after paragraph (1), insert—

(1A) A claimant shall furnish such information and evidence as the Secretary of State may require as to the likelihood of future changes in his circumstances which is needed to determine— (a) whether a period should be specified as an assessed income period under section 6 of the 2002 Act in relation to any decision; and (b) if so, the length of the period to be so specified. (1B) The information and evidence required under paragraph (1A) shall be furnished within 1 month of the Secretary of State notifying the claimant of the requirement, or within such longer period as the Secretary of State considers reasonable in the claimant’s case. (1C) In the case of a claimant making a claim for state pension credit in the advance period, time begins to run for the purposes of paragraphs (1) and (1B) on the day following the end of that period.

• (b) in paragraph (4) , for the words “or jobseeker’s allowance”, substitute “ jobseeker’s allowance or state pension credit ”.

Advance claims and awards of state pension credit

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• (1) In regulation 13 (advance claims and awards), in paragraph (3) , after the words “disabled person’s tax credit” insert “ state pension credit ”.

• (2) After regulation 13C (further claim for and award of disability living allowance), insert—

(13D) (1) Paragraph (2) applies if— (a) a person does not satisfy the requirements for entitlement to state pension credit on the date on which the claim is made; and (b) the Secretary of State is of the opinion that unless there is a change of circumstances he will satisfy those requirements— (i) where the claim is made in the advance period, when he attains the qualifying age; or (ii) in any other case, within 4 months of the date on which the claim is made. (2) Where this paragraph applies, the Secretary of State may— (a) treat the claim as made for a period beginning on the day (“the relevant day”) the claimant— (i) attains the qualifying age, where the claim is made in the advance period; or (ii) is likely to satisfy the requirements for entitlement in any other case; and (b) if appropriate, award state pension credit accordingly, subject to the condition that the person satisfies the requirements for entitlement on the relevant day. (3) An award under paragraph (2) may be revised under section 9 of the Social Security Act 1998 if the claimant fails to satisfy the conditions for entitlement to state pension credit on the relevant day.

Payability of state pension credit

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• (1) In regulation 16 (date of entitlement under an award), in paragraph (4) after the words “income support”, insert “ , state pension credit ”.

• (2) After regulation 16, insert—

(16A) (1) For the purpose only of determining the day from which state pension credit is to become payable, where the credit is awarded from a day which is not the first day of the claimant’s benefit week, entitlement shall begin on the first day of the benefit week next following. (2) In the case of a claimant who— (a) immediately before attaining the qualifying age was entitled to income support or income-based jobseeker’s allowance and is awarded state pension credit from the day on which he attains the qualifying age; or (b) was entitled to an income-based jobseeker’s allowance after attaining the qualifying age and is awarded state pension credit from the day which falls after the date that entitlement ends, entitlement to the guarantee credit shall, notwithstanding paragraph (1), begin on the first day of the award. (3) Where a change in the rate of state pension credit would otherwise take effect on a day which is not the first day of the claimant’s benefit week, the change shall take effect from the first day of the benefit week next following. (4) For the purpose of this regulation, “benefit week” means the period of 7 days beginning on the day on which, in the claimant’s case, state pension credit is payable in accordance with regulation 26B.

Amendment of regulations 17 and 19

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• (1) In regulation 17 (duration of awards), in paragraph (3) , at the beginning insert “Except in the case of claims for and awards of state pension credit,”.

• (2) In regulation 19 (time for claiming benefit), in paragraph (3), after sub-paragraph (f), insert—

(ff) state pension credit;

Payment

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After regulation 26A (jobseeker’s allowance), insert—

(26B) (1) Except where paragraph (2) applies, state pension credit shall be payable on Mondays, but subject, where state pension credit is payable in accordance with paragraph (3)(a), to the provisions of regulation 21 (direct credit transfer). (2) State pension credit shall be payable— (a) if retirement pension is payable to the claimant, on the same day as the retirement pension is payable; or (b) on such other day of the week as the Secretary of State may, in the particular circumstances of the case, determine. (3) Payment of state pension credit shall be made either— (a) in accordance with regulation 21 (direct credit transfer); or (b) by means of an instrument of payment or an instrument for benefit payment at such place as the Secretary of State, after enquiry of the claimant, may from time to time specify. (4) State pension credit paid in accordance with paragraph (3)(b) shall be paid weekly in advance. (5) Where the amount of state pension credit payable is less than £1.00 per week, the Secretary of State may direct that it shall be paid at such intervals, not exceeding 13 weeks, as may be specified in the direction. (6) Where state pension credit is— (a) paid by means of a book of serial orders; and (b) increased or reduced by an amount which, when added to any previous such increase, is less than 50 pence per week, the Secretary of State may defer payment of that increase or disregard the reduction until either— (i) the termination of entitlement; or, if earlier, (ii) the expiration of one week from the date specified for payment of the last order in that book. (7) Where state pension credit is— (a) paid by means of a book of serial orders; and (b) the amount of state pension credit payable to a third party under Schedule 9 is increased so that the amount of the credit payable to the claimant is reduced by an amount which, with any previous reduction, is less than 50 pence per week, the Secretary of State may make the payment to the third party and disregard the reduction in the claimant’s state pension credit for the remainder of the period to which the book relates.

Amendment of regulation 30

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In regulation 30 (payments on death), in paragraph (5), after the words “income support” insert “ , state pension credit ”.

Amendment of regulation 32

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In regulation 32 (information to be given when obtaining payment of benefit)—

• (a) in paragraph (3), after the words “income support”, insert “ , state pension credit ”; and

• (b) at the end add—

(6) This regulation shall apply in the case of state pension credit subject to the following modifications— (a) at the end of an assessed income period, the information and evidence required to be notified in accordance with this regulation includes information and evidence as to the likelihood of future changes in the claimant’s circumstances needed to determine— (i) whether a period should be specified as an assessed income period under section 6 of the 2002 Act in relation to any decision; and (ii) if so, the length of the period to be so specified; and (b) except to the extent that sub-paragraph (a) applies, changes to an element of the claimant’s retirement provision need not be notified if an assessed income period is current in his case.

Amendment of regulation 34A

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In regulation 34A (deduction of mortgage interest which shall be made from benefit and paid to qualifying lenders), in paragraph (1), for the words “In relation to cases to which section 51C(1) of the Social Security Act 1986”, substitute “ In relation to cases to which section 15A(1) or (1A) of the Social Security Administration Act 1992 ”.

Amendment of regulation 35A

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In regulation 35A (transitional provisions for persons in hostels or certain residential accommodation), in paragraph (1), in the definition of “specified benefit”, after the words “paragraph 1”, insert “ except that it does not include state pension credit ”.

Amendment of Schedules 9 to 9B

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• (1) In Schedule 9 (deductions from benefit and direct payment to third parties)—

• (a) in paragraph 1, in sub-paragraph (1) —

• (i) in the definition of “family”, at the end, add “ and for the purposes of state pension credit “a family” comprises the claimant, his partner, any additional partner to whom section 12(1)(c) of the 2002 Act applies and any person who has not attained the age of 19, is treated as a child for the purposes of section 142 of the Contributions and Benefits Act and lives with the claimant or the claimant’s partner; ”;

• (ii) in the definition of “housing costs”, at the end, add—