|
|
|
|
|
|
|
Navigation
News
|
 |
Statutory Instrument 2002 No. 3019The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002(The document as of February, 2008) STATUTORY INSTRUMENTS2002 No. 3019SOCIAL SECURITYThe State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002
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[1] and which is made before the end of the period of 6 months beginning with the coming into force of those provisions[2], hereby make the following Regulations: Citation, commencement and interpretation 1. - (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 -
(b) for all other purposes on 6th October 2003. (3) In these Regulations -
Interpretation of Part II 2.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 3. In regulation 2 -
(c) after paragraph (3), insert -
Claims for state pension credit
(2) In regulation 4B[12] (forwarding claims and information), in paragraph (1), in sub-paragraph (b), after the word "applies" insert "or for state pension credit".
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 -
(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.
(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.
(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.
(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 (3) If a claimant -
(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
(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.
Advance claims and awards of state pension credit
13D. - (1) Paragraph (2) applies if -
(b) the Secretary of State is of the opinion that unless there is a change of circumstances he will satisfy those requirements -
(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 -
(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[18] if the claimant fails to satisfy the conditions for entitlement to state pension credit on the relevant day.". Payability of state pension credit
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 -
(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. Amendment of regulations 17 and 19
Payment
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 -
(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 -
(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.
(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 -
(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 -
(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
(b) at the end add -
(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
(ii) in the definition of "housing costs", at the end, add -
(ii) includes costs under paragraphs 13(1)(a) (ground rent and feu duty) and 13(1)(c) (rent charges) of that Schedule but only when they are paid with costs under paragraph 13(1)(b) of that Schedule (service charges);"; (iii) in the definition of "mortgage payment", after head (b), insert -
(v) in the definition of "specified benefit", after head (c), insert -
(b) in paragraph 3 -
(ii) in sub-paragraph (2A), after the words "Jobseeker's Allowance Regulations" in both places in which they occur, insert "or paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations"; (c) in paragraph 5[28] after sub-paragraph (5) insert -
(ii) after sub-paragraph (6), insert -
(2) In Schedule 9A[32] (deductions of mortgage interest from benefit and payment to qualifying lenders) -
(b) in paragraph 2 for the words from the beginning of sub-paragraph (a) to "is determined", substitute -
(ii) Schedule 2 to the Jobseeker's Allowance Regulations; or (iii) Schedule II to the State Pension Credit Regulations,"; (c) in paragraph 3 -
(bb) in head (b), after the words "as the case may be" insert "paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations or"; (cc) in the value "A", after the words "as the case may be" insert "paragraph 1 of Schedule II to the State Pension Credit Regulations or"; (dd) in the value "B", after the words "as the case may be" insert "paragraph 7 of Schedule II to the State Pension Credit Regulations or"; (ee) in the value "C", after the words "as the case may be" insert "paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations or"; (iii) in sub-paragraph (4), at the beginning, insert "Except where the relevant benefit is state pension credit,";
(e) in paragraph 10 -
(b) state pension credit is made and a sum in respect of housing costs is applicable in the claimant's case in accordance with regulation 6(6)(c) of the State Pension Credit Regulations.";
(3) In Schedule 9B[34], in paragraphs 2(1), 3(1), 5(1) and 6(1), after the words "income support" insert ", state pension credit". Interpretation of Part III 15.The Decisions and Appeals Regulations shall be amended in accordance with the following provisions of this Part; and in this Part, unless the context otherwise requires, references to regulations and Schedules are references to regulations of and Schedules to the Decisions and Appeals Regulations. Amendment of regulation 1 16.In regulation 1(3) (interpretation) -
(c) after the definition of "relevant credit"[35], insert the following definitions -
Amendment of regulation 6
(ii) that period has ended or is about to end."; (b) after paragraph (7), add -
Amendment of regulation 7
(b) in paragraph (2)(b), in heads (i) and (ii), for the words "or jobseeker's allowance", substitute ", jobseeker's allowance or state pension credit";
(e) after paragraph (17), insert -
(ii) "Schedule 3 to the Income Support Regulations" was a reference to "Schedule II to the State Pension Credit Regulations"; and (iii) "paragraph 15 or 16" was a reference to "paragraph 11 or 12"; (b) paragraphs (15) to (17) shall not apply."; (f) after paragraph (28)[40], insert -
Amendment of regulation 13
(ii) a claimant's appropriate minimum guarantee by virtue of regulation 6(6)(c) and Schedule II to the State Pension Credit Regulations; and" and for the words "applicable amount are those", substitute "applicable amount or, as the case may be, appropriate minimum guarantee are those"; and (b) after paragraph (2), add -
(b) it appears to the Secretary of State that he is not in possession of all the evidence or information which is relevant for the purpose of such a determination, he shall make the determination on the assumption that the relevant evidence or information which is not in his possession is adverse to the claimant.". Amendment of regulation 14
(6) Where section 159B of the Administration Act does not apply to an award of state pension credit by virtue of paragraph (5), a decision under section 10 may be made in respect of that award for the sole purpose of giving effect to any change made to an award under section 150 of the Administration Act.". Amendment of Schedule 2
13A.A decision of the Secretary of State made in accordance with paragraph (1) or (3) of regulation 13 in relation to state pension credit (determination on incomplete evidence).". Change of circumstances 1.Where the amount of state pension credit payable under an award is changed by a superseding decision made on the ground that there has been a relevant change of circumstances, that superseding decision shall take effect from the following days -
(b) except as provided in the following paragraphs, from the day that change occurs or is expected to occur if either of those days is the first day of a benefit week but if it is not from the next following such day. 2.Subject to paragraph 3, where the relevant change is that the claimant's income (other than deemed income from capital) has changed, the superseding decision shall take effect on the first day of the benefit week in which that change occurs or if that is not practicable in the circumstances of the case, on the first day of the next following benefit week.
(b) whilst entitled to state pension credit a claimant is awarded another social security benefit and in consequence of that award his benefit week changes or is expected to change. 5.In a case where the relevant change of circumstances is that the claimant ceased for one or more days to be a patient, the superseding decision shall take effect from the first day of the benefit week in which the change occurred. Amendment of the State Pension Credit Regulations 23.In the State Pension Credit Regulations -
(ii) "dwelling occupied as the home" means the dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated;"; (b) regulation 4 (persons receiving treatment outside Great Britain) shall be renumbered paragraph (1) of regulation 4 and after the renumbered paragraph (1) there shall be added -
(b) the claimant satisfied the conditions for entitlement to state pension credit immediately before he or, as the case may be, his partner, left Great Britain."; (c) in regulation 5 (persons treated as being or not being members of the same household), in paragraph (1), after sub-paragraph (d) add -
(f) he is not in Great Britain and none of the circumstances specified in either paragraph (2) or (3) of regulation 3 would, had he been the claimant, apply in his case"; (d) in regulation 7 (savings credit), after paragraph (3), add -
(f) after regulation 13 (small amounts of state pension credit), insert -
13A. - (1) The guarantee credit shall be payable for a period of less than a week ("a part-week") at the rate specified in paragraph (3) if -
(b) the claimant's entitlement to the credit is likely to continue throughout the first full benefit week which follows the part-week. (2) For the purpose of determining the amount of the guarantee credit payable in respect of the part-week, no regard shall be had to any income of the claimant and his partner.
(b) multiplying the resulting figure by the number of days in the part-week, any fraction of a penny being rounded up to the nearest penny.
(b) short-term and long-term incapacity benefit; (c) maternity allowance; (d) contribution-based jobseeker's allowance within the meaning of section 1(4) of the Jobseekers Act 1995[46]. (2) All benefits except those mentioned in paragraph (1) shall be treated as paid on the first day of the benefit week in respect of which the benefit is payable.";
(m) council tax benefit; (n) bereavement payment[47]; (o) statutory sick pay; (p) statutory maternity pay; (q) statutory paternity pay payable under Part 12ZA of the 1992 Act[48]; (r) statutory adoption pay payable under Part 12ZB of the 1992 Act[49]; (s) any benefit similar to those mentioned in the preceding provisions of this paragraph payable under legislation having effect in Northern Ireland."; (h) in regulation 17 (calculation of weekly income) -
(b) any amount to which paragraph (5) applies if the claimant or his partner is the first owner of the copyright, patent or trade mark or the author of the book registered under the Public Lending Right Scheme 1982[50]. (9A) For the purposes of paragraph (9)(b), and for that purpose only, the amounts specified in paragraph (5) shall be treated as though they were earnings.";
(iv) after paragraph (10), add -
17A. - (1) For the purposes of state pension credit, the provisions of this regulation which relate to the earnings of employed earners, shall have effect in place of those prescribed for such earners in the Computation of Earnings Regulations. (2) Subject to paragraphs (3) and (4), "earnings" in the case of employment as an employed earner, means any remuneration or profit derived from that employment and includes -
(b) any payment in lieu of remuneration except any periodic sum paid to a claimant on account of the termination of his employment by reason of redundancy; (c) any payment in lieu of notice; (d) any holiday pay; (e) any payment by way of a retainer; (f) any payment made by the claimant's employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the claimant's employer in respect of -
(ii) expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant's absence from home; (g) the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person's earnings in accordance with Part V of Schedule 3 to the Social Security (Contributions) Regulations 2001[51];
(ii) by reason of pregnancy or confinement. (3) "Earnings" shall not include -
(b) any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment; (c) any occupational pension; (d) any lump sum payment made under the Iron and Steel Re-adaptation Benefits Scheme[52]. (4) Paragraph (3)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (2)(g).
(b) "personal pension scheme" referred to a personal pension scheme -
(ii) as defined in section 1 of the Pension Schemes (Northern Ireland) Act 1993[54]. (3) In regulation 11 (calculation of earnings of self-employed earners), paragraph (1) shall have effect, but as if the words "Except where paragraph (2) applies" were omitted.
(b) for paragraph (2), the following provision shall have effect -
(b) any payment made by a local authority to a claimant -
(ii) with whom a local authority foster a child under the Fostering of Children (Scotland) Regulations 1996[57]; (c) any payment made by a voluntary organisation in accordance with section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations);
(ii) a local authority; (iii) a voluntary organisation; (iv) the person concerned pursuant to section 26(3A) of the National Assistance Act 1948[58]; or (v) a primary care trust established under section 16A of the National Health Service Act 1977[59]; (e) any sports award.". (5) In regulation 13 (calculation of net profit of self-employed earners) -
(b) in the case of a self-employed earner whose employment is carried on in partnership, his share of the net profit derived from that employment less -
(ii) one half of any premium paid in the period that is relevant under regulation 11 in respect of a retirement annuity contract or a personal pension scheme."; (b) paragraphs (4) to (12) shall have effect. (6) Regulation 14 (deduction of tax and contributions for self-employed earners) shall have effect.";
(b) he shall, subject to paragraph (4), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Chapter shall apply for the purposes of calculating that amount as if it were actual capital which he does possess. (4) For so long as a claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (3) shall be disregarded.
24A.Where any calculation under this Part results in a fraction of a penny that fraction shall, if it would be to the claimant's advantage, be treated as a penny; otherwise it shall be disregarded.";
(b) "Crown tenant" means a person who occupies a dwelling under a tenancy or licence where the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department except (in the case of an interest belonging to Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners; (c) "housing association" has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985[61]; (d) "long tenancy" means a tenancy granted for a term of years certain exceeding twenty one years, whether or not the tenancy is, or may become, terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture (or, in Scotland, irritancy) or otherwise and includes a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal unless it is a lease by sub-demise from one which is not a long tenancy."; (m) in Schedule III -
(bb) in sub-paragraph (8), after "5," insert "6(8),"; (ii) in paragraph 2(5), for the words "shall be determined as if the reductions specified in sub-paragraph (2) do not apply in his case", substitute
(ii) in sub-paragraph (3)(b), after the words "paragraph 1(a) to (f)", insert "or paragraph 7" ; (o) in Schedule V, in Part I -
(b) he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged, or re-engaged, in that business, for a period of 26 weeks from the date on which the claim for state pension credit is made or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.";
(b) in accordance with an order made under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965[65], or under Rule 36.14 of the Ordinary Cause Rules 1993[66] or under Rule 128 of those Rules; or (c) in accordance with the terms of a trust established for the benefit of the claimant or his partner, the whole of the amount so administered.";
(k) social fund payments; (l) child benefit; (m) working tax credit under the Tax Credits Act 2002[69]; (n) child tax credit under the Tax Credits Act 2002.";
Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 24. - (1) The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988[70] shall be amended in accordance with the following provisions of this regulation. (2) In regulation 1 (citation, commencement and interpretation), in paragraph (2) -
(b) after the entry relating to "severe disablement allowance" insert the following entries -
(3) In regulation 7 (duplication and prescribed income), in paragraph (1) -
(b) in sub-paragraph (a), after the words "Allowance Regulations" insert "or Part III of the State Pension Credit Regulations". (4) In regulation 16 (limitation on deductions from prescribed benefits) -
(b) in paragraph (6), at the end of sub-paragraph (b), insert -
(c) in paragraph (8) -
(b) in the case of a person who is entitled to 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;";
(b) income support when paid alone or together with any incapacity benefit, retirement pension or severe disablement allowance in a combined payment in respect of any period; (c) if incapacity benefit, retirement pension or severe disablement allowance is paid concurrently with income support in respect of any period but not in a combined payment, income support and such of those benefits as are paid concurrently; (d) state pension credit when paid alone or together with any retirement pension, incapacity benefit or severe disablement allowance in a combined payment in respect of any period; and (e) if retirement pension, incapacity benefit or severe disablement allowance is paid concurrently with state pension credit in respect of any period but not in a combined payment, state pension credit and such of those benefits as are paid concurrently, but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995[73] and the Social Security (Child Maintenance Bonus) Regulations 1996[74].". (5) In the provisions listed in paragraph (6), after the words "income support" in each place where they occur there shall be inserted the words ",or state pension credit".
(b) regulation 8(2) (duplication and prescribed payments); (c) regulation 13(1)(b) (sums to be deducted in calculating recoverable amounts); (d) regulation 14(1) (quarterly diminution of capital); (e) regulation 15(2)(d) (recovery by deduction from prescribed benefits); and (f) regulation 17 (recovery from couples). Amendment of the Social Security (Attendance Allowance) Regulations 1991
(3) In both regulation 10A (reimbursement of a repayment of overpaid child maintenance) and regulation 10B (repayment of a reimbursement of a voluntary payment), after the words "income support" insert ", state pension credit".
(3) In regulation 4 (flat rate), in paragraph (2), at the end, add -
(4) In regulation 5 (nil rate), after paragraph (g), insert -
Amendment of the Social Security (Disability Living Allowance) Regulations 1991
(b) the claimant's partner is aged less than 80 but not less than 60 and either -
(ii) the claimant was entitled to, or was treated as being in receipt of, income support and -
(bb) he has, subject to sub-paragraph (3), remained continuously entitled to income support since his partner attained the age of 60."; (ii) in sub-paragraph (3), in head (b), for the words "sub-paragraphs (1)(b)(ii) and (2)(b)(ii) are" substitute "sub-paragraph (1)(b)(ii) is" and after the words "includes his" insert "partner's"; (d) in paragraph 11 (disability premium) -
(ii) for sub-paragraph (b)(i), substitute -
(e) in paragraph 12[88] (additional condition for the higher pensioner and disability premium), in sub-paragraph (1) for head (c) substitute -
(ii) the higher pensioner premium or disability premium has been applicable to the claimant; and (iii) the partner is still alive; (d) except where paragraph (1)(a), (b), (c)(ii) or (d)(ii) of Schedule 7 (patients) applies, the claimant or, as the case may be, his partner was in receipt of attendance allowance or disability living allowance -
(ii) a higher pensioner premium or disability premium has been applicable to the claimant."; (f) in paragraph 13A[90] (enhanced disability premium), in sub-paragraph (1) for head (b) and the words which follow that head, substitute -
(g) in paragraph 15[91] ( premiums) -
(6) In Schedule 3 (housing costs) -
(b) in paragraph 8, in sub-paragraph (1B)[94], after the words "jobseeker's allowance" insert "or state pension credit"; (c) in paragraph 9, in sub-paragraph (1), for head (a), substitute -
(d) in paragraph 14, at the end add -
(b) in respect of a non-dependant who is engaged in remunerative work and in receipt of state pension credit, Ј7.40; (c) in respect of a non-dependant aged 18 or over to whom neither head (a) nor head (b) applies, Ј7.40." (7) In Schedule 8 (sums to be disregarded in the calculation of earnings) -
(b) after paragraph 1, insert -
(ii) in sub-paragraph (4) -
(iii) in sub-paragraph (7) -
(cc) in head (c), for the words "the claimant or, if he is a member of a couple, he or his partner attained the age of 60", substitute "the claimant's partner, if he is a member of a couple, attained the qualifying age for state pension credit". Amendment of the Jobseeker's Allowance Regulations 1996
(b) in paragraph 13, at the end, add -
(b) in respect of a non-dependant who is engaged in remunerative work and in receipt of state pension credit, Ј7.40; (c) in respect of a non-dependant aged 18 or over to whom neither head (a) nor head (b) applies, Ј7.40.". Amendment of regulations relating to the social fund
(b) after sub-paragraph (ia), insert -
(6) After the renumbered paragraph (1), insert -
(7) In the Social Fund (Recovery by Deductions from Benefits) Regulations 1988[99], in regulation 3, after paragraph (a), insert -
Amendment of the Fines (Deductions from Income Support) Regulations 1992 32. - (1) The Fines (Deductions from Income Support) Regulations 1992[101] shall be amended in accordance with the following provisions of this regulation. (2) In regulation 1, in paragraph (2) -
(b) for the definition of "personal allowance for a single claimant aged not less than 25" substitute -
(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 -
(3) In regulation 2, in paragraph (1) and in the heading to the regulation, after the words "income support", wherever they occur, insert ", state pension credit".
(b) for the definition of "personal allowance for a single claimant aged not less than 25" substitute -
(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 -
(3) In regulation 2 and in the heading to the regulation, after the words "income support", wherever they occur, insert ", state pension credit".
(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 -
(3) In regulation 2, in paragraphs (1) and (2)(e), and in the heading, after the words "income support" insert ", state pension credit".
(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". 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 -
(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.
(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.
(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).
(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.
(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.
(b) is awarded state pension credit with effect from the appointed day. Claims for state pension credit
(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.
(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.
(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).
(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.
(This note is not part of the Regulations) The Regulations contained in this Instrument are made either by virtue of, or consequential upon, provisions in the State Pension Credit Act 2002 (c. 16) ("the 2002 Act"). This Instrument is made before the expiry of the period of 6 months beginning with the coming into force of those provisions; the regulations in it are therefore exempt in accordance with section 173(5) of the Social Security Administration Act 1992 from the requirement in section 172(1) of that Act to refer proposals to make Regulations to the Social Security Advisory Committee and are made without reference to that Committee. The amendments in Parts II, III, V and VI are consequential on the introduction of state pension credit. Part VII contains transitional matters. Part I of the Regulations provides for their citation, commencement and interpretation. Part II amends the Social Security (Claims and Payments) Regulations 1987 so as to make separate provision for claims for, and payment of, state pension credit. Provision is made (regulation 4) for claims to be made by telephone or in person. Claims may be made at any time in the 4 months preceding the day a claimant attains the qualifying age for entitlement to state pension credit. Claimants may be required to provide information as to the likelihood of future changes in their circumstances (regulation 5). Regulation 7 provides for the date on which entitlement to state pension credit is to begin and regulation 9 for the day on which, and the method by which, the credit is to be paid. Regulations 8, 10 to 12 and 14 apply provisions currently in the Social Security (Claims and Payments) Regulations 1987 to state pension credit. Regulation 13 provides that regulation 35A (transitional provisions relating to persons in hostels and certain residential accommodation) is not to apply to state pension credit. Part III applies provisions of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 to state pension credit. Regulation 20 further provides that, where a claimant's appropriate minimum guarantee includes a transitional amount, provisions in section 159B of the Social Security Administration Act 1992 (inserted by the 2002 Act) relating to the effect of alterations affecting state pension credit, are not to apply. Regulation 22 makes provision as to the date from which a decision under section 10 of the Social Security Act 1998 (superseding decision) resulting from a change of circumstances takes effect. Part IV makes changes to the State Pension Credit Regulations 2002. It adds provisions - - relating to part-weeks; - as to the meaning and calculation of "earnings" for the purposes of state pension credit; - relating to the rounding of fractions; - as to the disregard of assets of any business owned by the claimant. Part V adds references to state pension credit to - - the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988; - the Social Security (Attendance Allowance) Regulations 1991; - the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992; - the Child Support (Maintenance Calculations and Special Cases) Regulations 2000; - the Social Security (Disability Living Allowance) Regulations 1991; - the Income Support (General) Regulations 1987; - the Jobseeker's Allowance Regulations 1996; - the Social Fund Maternity and Funeral Expenses (General) Regulations 1987; - the Social Fund Cold Weather Payments (General) Regulations 1988. It also makes amendments to the Income Support (General) Regulations 1987 consequential upon the 2002 Act which removes from entitlement to income support those who have attained the qualifying age for the purposes of state pension credit. Part VI adds references to state pension credit to - - the Fines (Deductions from Income Support) Regulations 1992; - the Council Tax (Deductions from Income Support) Regulations 1993; - the Community Charges (Deductions from Income Support)(Scotland) Regulations 1989; - the Community Charges (Deductions from Income Support)(No. 2) Regulations 1990. Part VII makes transitional provisions. Regulation 36 provides for those who were entitled to income support immediately before the 2002 Act comes into force to be treated as making a claim for state pension credit and for the determination of that claim. Regulation 37 makes provision for variable assessed income periods. Regulation 38 provides that a person not in receipt of income support may claim state pension credit before provisions of the 2002 Act relating to entitlement are commenced. The impact on business of applying these Regulations is minimal and the publication of a regulatory impact assessment is therefore not necessary. A summary of the contents of the assessment made for the State Pension Credit Bill was published at paragraphs 183 and 184 of the Explanatory Notes relating to the Bill. A copy of the summary can be obtained from the Department for Work and Pensions, Regulatory Impact Unit, 3rd Floor, The Adelphi, 1-11 John Adam Street, London WC2N 6HT. Notes: [1] 2002 c. 16.back [2] See section 173(5)(b) of the Social Security Administration Act 1992 (c. 5).back [3] 2002 c. 16.back [4] 1992 c. 5.back [5] 1998 c. 14.back [6] S.I. 1987/1968.back [7] S.I. 1999/991.back [8] S.I. 2002/1792.back [9] Inserted by S.I. 1995/2303.back [10] Inserted by S.I. 1995/2303.back [11] S.I. 2002/1792.back [12] Regulations 4A and 4B were inserted by S.I. 1999/3108 and regulation 4C by S.I. 2002/1789.back [13] Section 7A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30), section 71.back [14] Amended by S.I. 1995/2303, 1996/1460 and 1999/2572.back [15] Amended by S.I. 1991/2741, 1994/2319 and 1999/2572.back [16] Inserted by S.I. 1999/2572.back [17] Regulations 13A to 13C inserted by S.I. 1991/2741.back [18] 1998 c. 14.back [19] Amended by S.I. 1996/1460.back [20] Substituted by S.I. 1997/793; paragraph (3) amended by S.I. 2000/1483.back [21] Regulation 26A was inserted by S.I. 1996/1460.back [22] Amended by S.I. 1992/2595, 1995/2303, 1996/1460 and 1999/2572.back [23] Regulation 34A was inserted by S.I. 1992/1026.back [24] Section 15A(1A) was inserted by the State Pension Credit Act 2002 (c. 16), Schedule 2, paragraph 9(2).back [25] Inserted by S.I. 1989/1686.back [26] Relevant amending Instruments are S.I. 1991/2284, 1996/672 and 1996/1460.back [27] Relevant amending Instruments are S.I. 1992/1026, 1995/1613, 1995/2927, 1996/1460, 1999/2860 and 1999/3178.back [28] Relevant amending Instrument is S.I. 1996/1460.back [29] Relevant amending Instrument is S.I. 1996/1460.back [30] Paragraph 7 was substituted by S.I. 1991/2284 and amended by S.I. 1992/2595, 1994/2319, 1996/1460 and 1999/2860 and 3178.back [31] Paragraph 8 was amended by S.I. 1990/2205, 1991/2284 and 1996/1460.back [32] Schedule 9A was inserted by S.I. 1992/1026 and amended by S.I. 1995/1613 and 1996/1460.back [33] Relevant amending Instruments are S.I. 1995/1613, 1996/1460 and 1997/827.back [34] Schedule 9B was inserted by S.I. 2001/18.back [35] Inserted by S.I. 2000/1596.back [36] 2002 c. 16.back [37] S.I. 2002/1792.back [38] Relevant amending Instruments are: S.I. 1999/1623, 2570 and 2677, 2000/897, 1596 and 1982, 2001/1711 and 2002/428 and 490.back [39] Paragraph (1)(a) was amended by S.I. 1999/3178 and 2000/1596.back [40] Paragraph (28) was inserted by S.I. 2002/490.back [41] Section 159B was inserted by the State Pension Credit Act 2002 (c. 16), section 14 and Schedule 2, paragraph 17.back [42] Inserted by S.I. 2000/1596.back [43] 2002 c. 21.back [44] S.I. 1975/555.back [45] S.I. 1996/2745; the relevant amending Instruments are S.I. 1999/1958, 2422, 2739, 2860 and 3178.back [46] 1995 c. 18.back [47] Bereavement payment was introduced by section 54(1) of the Welfare Reform and Pensions Act 1999 (c. 30).back [48] Part 12ZA was inserted by section 2 of the Employment Act 2002 (c. 22).back [49] Part 12ZB was inserted by section 4 of the Employment Act 2002.back [50] The Scheme is set out in the Appendix to S.I. 1982/719.back [51] S.I. 2001/1004.back [52] The Scheme is set out in regulation 4 of, and the Schedule to, the European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) (Amendment) Regulations 1996 (S.I. 1996/3182).back [53] 1993 c. 48.back [54] 1993 c. 49.back [55] 1989 c. 41.back [56] 1995 c. 36.back [57] S.I. 1996/3263.back [58] 1948 c. 29; section 26(3A) was inserted by the National Health Service and Community Care Act 1990 (c. 19).back [59] 1977 c. 49; section 16A was inserted by section 2 of the Health Act 1999 (c. 8).back [60] S.I. 1987/1971; the relevant amending Instrument is S.I. 1988/1971.back [61] 1985 c. 69.back [62] S.I. 1975/555.back [63] S.I. 1965/1776.back [64] S.I. 1981/1687.back [65] S.I. 1965/321.back [66] First Schedule to the Sheriff Courts (Scotland) Act 1907 (c. 51) as substituted in respect of causes commenced on or after 1 January 1994 by S.I. 1993/1956; the relevant amending Instrument is S.I. 1996/2167.back [67] 2000 c. 22.back [68] 2001 asp 10.back [69] 2002 c. 21.back [70] S.I. 1988/664; the relevant amending Instruments are S.I. 1993/650 and 846 and 1996/1345.back [71] S.I. 2002/1792.back [72] Paragraph (4A) was inserted by S.I. 1996/2519.back [73] 1995 c. 34.back [74] S.I. 1996/3195.back [75] S.I. 1991/2740; the relevant amending Instrument is S.I. 1996/1345.back [76] S.I. 1992/1816; the relevant amending Instruments are S.I. 1995/3261, 1996/1345 and 2001/162.back [77] 2002 c. 16.back [78] S.I. 2001/155; the relevant amending Instrument is S.I. 2002/1204.back [79] S.I. 2002/1792.back [80] S.I. 1991/2890; the relevant amending Instrument is S.I. 1996/1345.back [81] S.I. 1987/1967.back [82] Paragraph (2) was inserted by S.I. 1995/2303.back [83] Paragraph (1ZA) was inserted by S.I. 2000/2545.back [84] Schedule 1B was inserted by S.I. 1996/206.back [85] Paragraph 9 was substituted by S.I. 1989/534.back [86] Paragraph 9A was inserted by S.I. 1989/534.back [87] Paragraph 10 is amended by S.I. 1988/663, 1992/468, 1998/2231 and 2000/724.back [88] The relevant amending Instruments are S.I. 1991/2742, 1994/2139 and 1995/482 and 516.back [89] S.I. 1975/555.back [90] Paragraph 13A was inserted by S.I. 2000/2629.back [91] The relevant amending Instrument is S.I. 2002/668.back [92] Sub-paragraph (2) was inserted by S.I. 1989/534.back [93] Sub-paragraph (1B) was inserted by S.I. 1997/2305.back [94] Sub-paragraph (1B) was inserted by S.I. 1997/2305.back [95] S.I. 1996/207.back [96] S.I. 1987/481.back [97] S.I. 1988/1724.back [98] 2000 c. 14; see section 3 of that Act.back [99] S.I. 1988/35.back [100] 2002 c. 16.back [101] S.I. 1992/2182.back [102] S.I. 2002/1792; the relevant amending instrument is S.I. 1996/2344.back [103] Regulation 4 was substituted by S.I. 1999/3178.back [104] S.I. 1993/494; the relevant amending instrument is S.I. 1996/2344.back [105] S.I. 2002/1792.back [106] 2002 c. 16.back [107] Regulation 5 substituted by S.I. 1999/3178.back [108] S.I. 1989/507; the relevant amending Instruments are S.I. 1990/113 and 1996/2344.back [109] Regulation 3 was inserted by S.I. 1999/3178.back [110] S.I. 1990/545; the relevant amending Instruments are S.I. 1996/2344 and 1999/3178.back [111] Inserted by regulation 9 above.back [112] 1992 c. 5.back [113] 1999 c. 30.back [114] 1992 c. 33.back [115] 1992 c. 4.back [116] 1998 c. 14; Chapt |