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

“personal allowance for a single claimant aged not less than 25” means— (a) in the case of a person who is entitled to either income support or state pension credit, the amount for the time being specified in paragraph 1(1)(e) of column (2) of Schedule 2 to the Income Support (General) Regulations 1987; or (b) in the case of a person who is entitled to an income-based jobseeker’s allowance, the amount for the time being specified in paragraph 1(1)(e) of column (2) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;

• (c) after the definition of “social security office” insert—

“state pension credit” means the benefit of that name payable under the State Pension Credit Act 2002 ;

• (3) In regulation 2 and in the heading to the regulation, after the words “income support”, wherever they occur, insert “ , state pension credit ”.

• (4) In regulation 3 and in the heading to the regulation after the words “income support”, wherever they occur, insert “ , state pension credit ”.

• (5) In regulation 4, in paragraph (1)(f), after the words “income support” insert “ , state pension credit ”.

• (6) In regulation 5 in paragraph (1)(a) and in the heading to the regulation, after the words “income support” insert “ , state pension credit ”.

• (7) In regulation 8, in paragraphs (1), (2), (3) and (5), after the words “income support”, wherever they occur, insert “ , state pension credit ”.

Amendment of the Community Charges (Deductions from Income Support)(Scotland) Regulations 1989

34

• (1) The Community Charges (Deductions from Income Support)(Scotland) Regulations 1989 shall be amended in accordance with the following provisions of this regulation.

• (2) In regulation 1, in paragraph (2)—

• (a) for the definition of “personal allowance for a single claimant aged not less than 25” substitute—

“personal allowance for a single claimant aged not less than 25” means— (a) in the case of a person who is entitled to either income support or state pension credit, the amount for the time being specified in paragraph 1(1)(e) of column (2) of Schedule 2 to the Income Support (General) Regulations 1987; or (b) in the case of a person who is entitled to an income-based jobseeker’s allowance, the amount for the time being specified in paragraph 1(1)(e) of column (2) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;

• (b) after the definition of “single debtor”, insert—

“state pension credit” means the benefit of that name payable under the State Pension Credit Act 2002;

• (3) In regulation 2, in paragraphs (1) and (2)(e), and in the heading, after the words “income support” insert “ , state pension credit ”.

• (4) In regulation 3 in paragraph (1) and in the heading to the regulation after the words “income support” insert “ , state pension credit ”.

• (5) In regulation 4, after the words “income support” wherever they occur insert “ , state pension credit ”.

Amendment of the Community Charges (Deductions from Income Support)(No. 2) Regulations 1990

35

• (1) The Community Charges (Deductions from Income Support) (No. 2) Regulations 1990 shall be amended in accordance with the following provisions of this regulation.

• (2) In regulation 1, in paragraph (2), after the definition of “single debtor”, insert—

“state pension credit” means the benefit of that name payable under the State Pension Credit Act 2002;

• (3) In regulation 2, in paragraphs (1) and (2)(e), and in the heading to the regulation, after the words “income support” insert “ , state pension credit ”.

• (4) In regulation 3, in paragraph (1) and in the heading to the regulation, after the words “income support”, wherever they occur, insert “ , state pension credit ”.

• (5) In regulation 4, after the words “income support” wherever they occur insert “ , state pension credit ”.

PART VII — TRANSITIONAL PROVISIONS

Persons entitled to income support immediately before the appointed day

36

• (1) This regulation applies in the case of any person (referred to as “the transferee”) who—

• (a) immediately before the appointed day, is entitled to income support; and

• (b) attains or has attained the qualifying age on or before the appointed day.

• (2) The transferee shall be treated as having made a claim for state pension credit in the period of 6 months immediately preceding the appointed day.

• (3) The Secretary of State shall, so far as practicable, decide before the appointed day a claim for state pension credit treated as made under paragraph (2).

• (4) A decision of the Secretary of State made in accordance with paragraph (3) may be revised by the Secretary of State at any time within the period of 13 months commencing on the date of notification of the decision if an application is made by the claimant to the Secretary of State or a person acting on his behalf for the decision to be revised.

• (5) For the purposes of section 9 (duration of assessed income period), the decision of the Secretary of State takes effect on the appointed day.

• (6) Notwithstanding the provisions of regulation 26B(4) of the Claims and Payments Regulations , state pension credit may in the case of a transferee be payable in arrears if the income support to which he was entitled before the appointed day was paid in arrears.

• (7) Notwithstanding the provisions of Schedule 3B of the Decisions and Appeals Regulations, in the case of a transferee to whom paragraph (6) applies, any decision under section 10 of the 1998 Act which—

• (a) supersedes a decision awarding state pension credit to a transferee; and

• (b) is made on the ground that there has been a relevant change of circumstances since the decision was made or that it is anticipated that a relevant change of circumstances will occur,

shall take effect from the first day of the benefit week in which the change occurs or is expected to occur.

• (7A) Notwithstanding the provisions of paragraph (7), where the relevant change of circumstances is that the transferee becomes a patient again within the same benefit week in which he ceased to be a patient, the superseding decision in respect of becoming a patient again shall take effect from the first day of the benefit week following the benefit week in which the change occurs.

• (8) For the purpose of paragraph (7), “benefit week” means the period of 7 days ending on the day on which, in the claimant’s case, state pension credit is payable.

• (9) Any payment made to a transferee to whom paragraph (10) applies—

• (a) in respect of a period falling on or after the appointed day;

• (b) which would have been payable under an award of income support but for the coming into force of the Act,

shall be offset against any state pension credit payable under an award on or after 6th October 2003 on a claim treated as made under paragraph (2).

• (10) This paragraph applies to a transferee in respect of whom no decision has been made on his claim for state pension credit which is treated as having been made in accordance with paragraph (2).

• (11) If the Secretary of State determines that no state pension credit is payable, or that the amount payable is less than the payments referred to in paragraph (9), he shall determine the amount of the overpayment.

• (12) The amount of any overpayment determined in accordance with paragraph (11) shall be recoverable by the Secretary of State by the same procedures and subject to the same conditions as if it were recoverable under section 71 (1) of the Administration Act.

• (13) Where the transferee—

• (a) has, immediately before the appointed day, an award of income support payable by direct credit transfer in accordance with regulation 21 of the Claims and Payments Regulations; and

• (b) state pension credit is payable or treated as payable to him as from the appointed day,

the state pension credit shall be paid by direct credit transfer into the same bank or other account as the payment of income support; and for this purpose, any application made or treated as made and any consent given or treated as given in relation to the payment of income support shall be treated as made or given in relation to the payment of state pension credit.

• (14) Where—

• (a) the transferee had immediately before the appointed day an award of income support from which deductions were made or where part of the benefit was paid to a third party in accordance with—

• (i) regulation 34A of, and Schedule 9A to, the Claims and Payments Regulations (mortgage interest payments); or

• (ii) regulation 35 of, and Schedule 9B to, those Regulations (deductions which may be made and payments to third parties); and

• (b) state pension credit is payable or treated as payable to the transferee as from the appointed day,

then as from the appointed day, those deductions shall be made from the transferee’s state pension credit and those payments of part of the benefit shall continue to be made to the third party in accordance with those provisions.

• (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessed income period

37

• (1) A person to whom paragraph (2) applies shall have an assessed income period allotted to him by the Secretary of State of at least 5 years but not exceeding 7 years beginning on the day the decision takes effect, unless regulation 10(1) of the State Pension Credit Regulations applies in his case.

• (2) This paragraph applies to the first assessed income period specified in respect of a person who—

• (a) attains or has attained the age of 65 or whose partner attains or has attained that age on or before the appointed day; and

• (b) is awarded state pension credit with effect from the appointed day.

Claims for state pension credit

38

• (1) A claim for state pension credit may be made before the appointed day by a person who is not in receipt of income support at the time the claim is made.

• (2) Where the Secretary of State is satisfied that unless there is a change in the claimant’s circumstances before the appointed day he will satisfy the conditions for entitlement to state pension credit on that day, then the Secretary of State may—

• (a) treat that claim as if made for a period beginning with the appointed day; and

• (b) award benefit accordingly, but subject to the condition that the claimant does in fact satisfy those conditions when benefit becomes payable under the award.

• (3) A decision under paragraph (2)(b) to award benefit may be revised under section 9 of the 1998 Act if the requirements for entitlement to state pension credit are found not to have been satisfied on the appointed day.

• (4) A claim for state pension credit made in the period of 12 months beginning with the appointed day may be treated as made on that day if the claimant satisfied the conditions for entitlement to state pension credit on that day.

• (5) A person who does not fall within paragraph (4)—

• (a) solely because he does not satisfy the conditions for entitlement to state pension credit on the appointed day; but

• (b) does satisfy those conditions on a day after the appointed day but before the day on which the claim is received by the Secretary of State,

shall be treated as having made the claim on the day the conditions were first satisfied in his case.

• (6) A claim for income support made in the period of 6 months preceding the appointed day may be treated also as a claim for state pension credit if the claimant—

• (a) is not entitled to income support; and

• (b) has attained the age of 60 on the date the claim is made or will have attained that age on the appointed day.

• (7) Paragraphs (2) and (3) shall apply to a claim treated as made under paragraph (6) as they apply to a claim made under paragraph (1).

• (8) In the case of a person who—

• (a) on the appointed day has attained the qualifying age;

• (b) was, within the period of 6 months preceding the appointed day, entitled to income support; and

• (c) was not entitled to income support on the day immediately preceding the appointed day,

that person shall be treated as having made a claim for state pension credit for a period beginning on the appointed day.

• (9) The Secretary of State may treat a claim for state pension credit made in accordance with paragraph (1) as also a claim for income support made on the same day.

SCHEDULE — PROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS

Column (1)	Column (2)	Column (3)
Short title	Provision	Relevant Amendments
Social Security Administration Act 1992112	Section 5(1) (a) to (e), (h) to (1) and (p) and (3A)	Section 5(1)(h) and (hh) are extended in their application to state pension credit by section 5(3A), inserted by the State Pension Credit Act 2002 (c. 16), Schedule 1, paragraph 3(3);
	Section 7A	Inserted by section 71 of the Welfare Reform and Pensions Act 1999;113
	Section 15A	Section 15A is inserted by the Social Security (Mortgage Interest Payments) Act 1992114 Schedule, and is applied to state pension credit by subsections (1A) and (2)(aa) of that section, inserted by the State Pension Credit Act 2002, Schedule 2, paragraph 9;
	Section 159B(1)	Section 159B is inserted by the State Pension Credit Act 2002, Schedule 2, paragraph 17;
	Section 189(4) to (6)	Social Security Act 1998 (c. 14), Schedule 7, paragraph 109.
Social Security Contributions and Benefits Act 1992115	Section 3(2)	The Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), Schedule 3, paragraph 3;
	Section 138(1)(a) Section 175(3) to (5)	Social Security (Incapacity for Work) Act 1994 (c. 18), Schedule 1, paragraph 36; Social Security Contributions (Transfer of Functions, etc.) Act 1999, Schedule 3, paragraph 29. Section 175 (3) to (5) is applied to provisions of the State Pension Credit Act 2002 by section 19(1) of that Act.
Social Security Act 1998116	Sections 10(3) and (6)	Chapter II of Part I is applied to State Pension Credit by section 8(3)(bb) and (4) as inserted and amended by the State Pension Credit Act 2002, Schedule 1, paragraph 6.
Section 18 Section 79(4)
State Pension Credit Act 2002117 Section 1(5)(b) Section 2(3)(b) Section 3(5) Section 7(4) Section 12(2) Section 13 Section 15(1)(j), (3) and (6)(b) Section 17(2)(a) Schedule 1, paragraph 13

Signed

Signed for the purposes of regulation 23(i) of the Regulations.

John Heppell — Philip Woolas — Two of the Lords Commissioners of Her Majesty’s Treasury — 2002-12-04

Signed by authority of the Secretary of State for Work and Pensions both for the purpose of concurring in the making of regulation 23(i) of the Regulations and for the purposes of the remainder of the Regulations.

Ian McCartney — Minister of State, — Department for Work and Pensions — 2002-12-04

Explanatory note

(This note is not part of the Regulations)

0relating to part-weeks;

0as to the meaning and calculation of “earnings” for the purposes of state pension credit;

0relating to the rounding of fractions;

0as to the disregard of assets of any business owned by the claimant.

0the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988;

0the Social Security (Attendance Allowance) Regulations 1991;

0the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992;

0the Child Support (Maintenance Calculations and Special Cases) Regulations 2000;

0the Social Security (Disability Living Allowance) Regulations 1991;

0the Income Support (General) Regulations 1987;

0the Jobseeker’s Allowance Regulations 1996;

0the Social Fund Maternity and Funeral Expenses (General) Regulations 1987;

0the Social Fund Cold Weather Payments (General) Regulations 1988.

0the Fines (Deductions from Income Support) Regulations 1992;

0the Council Tax (Deductions from Income Support) Regulations 1993;

0the Community Charges (Deductions from Income Support)(Scotland) Regulations 1989;

0the Community Charges (Deductions from Income Support)(No. 2) Regulations 1990.

Footnotes

Amendment of 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” 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”, insert—

“state pension credit” means state pension credit under the 2002 Act; “State Pension Credit Regulations” means the State Pension Credit Regulations 2002 ;

• (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.

Section 18

Editorial notes