Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

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

Consolidated Text As Enacted Cited authorities 140 Cited in Amendments 42 Related
Vincent
JurisdictionUK Non-devolved
(1) These Regulations may be cited as the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002.for the purposes of this Part and Parts II, III and VII on 7th April 2003;for all other purposes on 6th October 2003.(3) In these Regulations—
  • 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.
  • immediately before the definition of “appropriate office” insert—
  • immediately before the definition of “instrument for benefit payment” insert—
  • after the definition of “personal pension scheme”
  • after the definition of “retirement annuity contract”
  • in paragraph (2) , in sub-paragraph (b) , after the words “income support”, insert
  • after paragraph (3) , insert—
    • In these Regulations, references to “beneficiary” include any person entitled to state pension credit.(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.
    .    This regulation shall not apply to a claim for state pension credit.(2) In regulation 4B (3) After regulation 4C, insert—
      (4D) Making a claim for state pension credit
    • (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.
    A claim for state pension credit need only be made in writing if the Secretary of State so directs in any particular case.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; orin such other written form as the Secretary of State accepts as sufficient in the circumstances of the case.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.a local authority administering housing benefit or council tax benefit;a person providing services to such an authority; ora person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit.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.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.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.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) .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.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.the defective claim was first received by the Secretary of State or the person acting on his behalf; orif regulation 4F(3) applies, the person informed an appropriate office of his intention to claim state pension credit.Paragraph (11) does not apply in a case to which regulation 4E(3) applies.State pension credit is a relevant benefit for the purposes of section 7A of the Social Security Administration Act 1992 A claim for state pension credit may be made, and any claim made may be determined, at any time within the advance period.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.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.This regulation applies in the case of a person who claims state pension credit on or after attaining the qualifying age.by the Secretary of State or the person acting on his behalf; orin a case to which regulation 4D(4) relates, in the office of a person specified therein;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; orwhere 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.informs an appropriate office of his intention to claim state pension

    To continue reading

    Request your trial
    Navigation index

    VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT