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

JurisdictionUK Non-devolved
CitationSI 2002/3019

2002 No. 3019

SOCIAL SECURITY

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

Made 4th December 2002

Laid before Parliament 10th December 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 20021and which is made before the end of the period of 6 months beginning with the coming into force of those provisions2, hereby make the following Regulations:

1 GENERAL

PART I

GENERAL

S-1 Citation, commencement and interpretation

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—

(a)

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

(b)

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

(3) In these Regulations—

“the Act” means the State Pension Credit Act 20023;

“the Administration Act” means the Social Security Administration Act 19924;

the 1998 Act” means the Social Security Act 19985;

“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 19876;

“the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 19997;

“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 20028.

2 AMENDMENTS TO THE CLAIMS AND PAYMENTS REGULATIONS

PART II

AMENDMENTS TO THE CLAIMS AND PAYMENTS REGULATIONS

S-2 Interpretation of Part II

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.

S-3 Amendment of regulation 2

Amendment of regulation 2

3. 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”9insert—

““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”10, insert—

““state pension credit” means state pension credit under the 2002 Act;

“State Pension Credit Regulations” means the State Pension Credit Regulations 200211;”;

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

(c) after paragraph (3), insert—

S-4

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

S-4 Claims for state pension credit

Claims for state pension credit

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

S-10

“10 This regulation shall not apply to a claim for state pension credit.”.

(2) In regulation 4B12(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—

S-4D

Making a claim 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—

(a)

(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)

(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) a local authority administering housing benefit or council tax benefit;

(b)

(b) a person providing services to such an authority; or

(c)

(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)

(a) the defective claim was first received by the Secretary of State or the person acting on his behalf; or

(b)

(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 199213.

S-4E

Making a claim before attaining the qualifying age

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.

S-4F

Making a claim after attaining the qualifying age: date of claim

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)

(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)

(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)

(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)

(a) informs an appropriate office of his intention to claim state pension credit; and

(b)

(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.”.

S-5 Evidence and information

Evidence and information

5. In regulation 7 (evidence and information)—

(a) after paragraph (1), insert—

S-1A

“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.

S-1B

1B The information and evidence required under paragraph (1A) shall be furnished within 1 month of the Secretary of State...

To continue reading

Request your trial

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