Journal der 1122. Sondersitzung des Ständigen Rates
A social security benefit to be known as state pension credit shall be payable in accordance with the following provisions of this Act.
A claimant is entitled to state pension credit if—
he is in Great Britain;
he has attained the qualifying age; and
he satisfies—
the condition in section 2(1) (guarantee credit); or
the conditions in section 3(1) and (2) (savings credit).
A claimant who is entitled to state pension credit is entitled— (or to both, if he satisfies both the condition mentioned in paragraph (a) and the conditions mentioned in paragraph (b)).
to a guarantee credit, calculated in accordance with section 2, if he satisfies the condition in subsection (1) of that section, or
to a savings credit, calculated in accordance with section 3, if he satisfies the conditions in subsections (1) and (2) of that section,
Subsections (2) and (3) are subject to the following provisions of this Act.
Regulations may make provision for the purposes of this Act—
as to circumstances in which a person is to be treated as being or not being in Great Britain; or
continuing a person’s entitlement to state pension credit during periods of temporary absence from Great Britain.
In this Act “the qualifying age” means—
in the case of a woman, pensionable age; or
in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man.
The condition mentioned in section 1(2)(c)(i) is that the claimant—
has no income; or
has income which does not exceed the appropriate minimum guarantee.
Where the claimant is entitled to a guarantee credit, then—
if he has no income, the guarantee credit shall be the appropriate minimum guarantee; and
if he has income, the guarantee credit shall be the difference between the appropriate minimum guarantee and his income.
The appropriate minimum guarantee shall be the total of—
the standard minimum guarantee; and
such prescribed additional amounts as may be applicable.
The standard minimum guarantee shall be a prescribed amount.
The standard minimum guarantee shall be—
a uniform single amount in the case of every claimant who is a member of a couple ; and
a lower uniform single amount in the case of every claimant who is not a member of a couple .
Regulations may provide that, in prescribed cases, subsection (3) shall have effect with the substitution for the reference in paragraph (a) to the standard minimum guarantee of a reference to a prescribed amount.
Where the claimant is severely disabled, there shall be included among the additional amounts prescribed under subsection (3)(b) an amount in respect of that circumstance.
Where— there shall be included among the additional amounts prescribed under subsection (3)(b) an amount in respect of that circumstance.
the claimant is entitled to an allowance under section 70 of the Contributions and Benefits Act or carer support payment , or
if the claimant is a member of a couple , the other member of the couple is entitled to such an allowance or payment ,
Except for the amount of the standard minimum guarantee, the powers conferred by this section to prescribe amounts include power to prescribe nil as an amount.
The first of the conditions mentioned in section 1(2)(c)(ii) is that the claimant—
has attained pensionable age before 6 April 2016 and has attained the age of 65 (before, on or after that date), or
is a member of a couple, the other member of which falls within paragraph (a).
The second of the conditions mentioned in section 1(2)(c)(ii) is that—
the claimant’s qualifying income exceeds the savings credit threshold; and
the claimant’s income is such that, for the purposes of subsection (3), amount A exceeds amount B.
Where the claimant is entitled to a savings credit, the amount of the savings credit shall be the amount by which amount A exceeds amount B.
For the purposes of subsection (3)—
a prescribed percentage of the amount (if any) by which the claimant’s income exceeds the appropriate minimum guarantee; or
a prescribed percentage of the amount (if any) by which the claimant’s income exceeds the appropriate minimum guarantee; or
Section 5 is amended as follows. In subsection (2) (benefits to which the section applies) after paragraph (aa) insert—. After subsection (3) insert—
Where a person is entitled to state pension credit— the amount payable for that period shall be such amount as may be prescribed. The power conferred by sub-paragraph (1) to prescribe an amount includes power to prescribe nil as an amount.
Paragraph 7A of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47) (recovery of outstanding community charge by deduction from income support) shall, so far as it continues to have effect by virtue of Article 2 of the Local Government Finance Act 1992 (Recovery of Community Charge) Saving Order 1993 (S.I. 1993/1780), apply as if there were inserted at the end—
In section 29 of the Children Act 1989 (c. 41) (recoupment of cost of providing day care and other services) after subsection (3A) (no charge for certain services if receiving income support or income-based jobseeker’s allowance) insert—
the standard minimum guarantee; and
“war disablement pension” means—
In section 1 (which makes entitlement dependent on the making of a claim and production etc of national insurance numbers and other evidence, and limits backdating to 12 months etc) in subsection (4) (benefits to which the section applies) after “(aa) a jobseeker’s allowance;” insert—.
The Social Security Fraud Act 2001 (c. 11) is amended as follows.
Section 7 (loss of benefit for commission of benefit offences) is amended as follows. After subsection (4) (cases where sanctionable benefit is jobseeker’s allowance) insert— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 9 (effect of offence on benefits for members of offender’s family) is amended as follows. In subsection (1) (benefits to which section applies) after paragraph (b) insert—. After subsection (4) (reduction of jobseeker’s allowance) insert—
In section 10 (power to supplement and mitigate loss of benefit provisions) in subsection (3), after paragraph (b) insert—.
In section 11(3) (loss of benefit regulations: draft regulations requiring approval by resolution of each House of Parliament) in paragraph (c)—
after “section 7(4)” insert “ , (4A) ”, and
after “or 9(4)” insert “ , (4A) ”.
In section 13 (interpretation) insert the following definition at the appropriate place—.
Where, by virtue of regulations under section 2(6), the claimant’s appropriate minimum guarantee does not include the standard minimum guarantee, regulations may provide that the definition of “amount B” in subsection (4) shall have effect with the substitution for the reference in paragraph (a) to the appropriate minimum guarantee of a reference to a prescribed higher amount.
Regulations may make provision as to income which is, and income which is not, to be treated as qualifying income for the purposes of this section.
For the purposes of this section—
“standard minimum guarantee” shall be construed in accordance with section 2(3) to (5) and (9);
Part 1 of the Administration Act (claims, evidence, and regulations about claims and payment) is amended as follows.
In Schedule 2 (decisions against which no appeal lies) in paragraph 6(b)(ii), at the end insert; or .
In section 22, after subsection (3) (which defines “information requirement” as a requirement made in pursuance of regulations under section 5(1)(hh) of the Administration Act to furnish certain information or evidence) insert—
In section 121DA(1) (definition of “the relevant social security legislation”) after paragraph (h) insert—.
In section 126(1) (duty to furnish information as to assets and liabilities of a person in receipt of certain benefits) after “income-based jobseeker’s allowance” insert “ , state pension credit ”.
Section 165 is amended as follows. After subsection (5) (payments from National Insurance Fund into Consolidated Fund) insert— In subsection (6) (expenses excluded from Secretary of State’s estimate under subsection (5)(b)) in paragraph (a), after “section 163(2) above” insert “ or section 20 of the State Pension Credit Act 2002 ”.
Section 179 is amended as follows. In subsection (3)(a) (modifications for securing that acts, omissions and events have corresponding effect for the purposes of United Kingdom legislation) after “Part III of the Social Security Contributions (Transfer of Functions, etc) (Northern Ireland) Order 1999” insert “ , the State Pension Credit Act 2002 ”. In subsection (4) (legislation to which the section applies) after paragraph (ad) insert—. In subsection (5) (regulations which may be modified) after paragraph (aa) insert—.
Section 191 is amended as follows. In the definition of “benefit”, at the end insert “ and state pension credit ”. Insert the following definition at the appropriate place—.
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Regulations may prescribe descriptions of persons in whose case the maximum savings credit shall be taken to be nil.
Regulations may provide that, in prescribed cases, a person who is a member of a mixed-age couple is not entitled to a savings credit.
For example, the regulations could provide that a member of a mixed-age couple is not entitled to a savings credit unless—
the person has been awarded a savings credit with effect from a day before 6 April 2016 and was entitled to a savings credit immediately before that date, and
the person remained entitled to state pension credit at all times since the beginning of 6 April 2016.
In this section “mixed-age couple” means a couple (whenever formed) one member of which had attained pensionable age before 6 April 2016 and the other had not.
A claimant is not entitled to state pension credit if he is a member of a couple the other member of which is entitled to state pension credit.
A claimant is not entitled to state pension credit if he is a member of a couple the other member of which has not attained the qualifying age.
In section 115(1) of the Immigration and Asylum Act 1999 (c. 33) (exclusion of certain persons from benefits) in the words preceding paragraph (a), after “Jobseekers Act 1995” insert “ or to state pension credit under the State Pension Credit Act 2002 ”.
Where the amount payable by way of state pension credit would (apart from this subsection) be less than a prescribed amount, it shall not be payable except in prescribed circumstances.
Where the claimant is a member of a couple , the income and capital of the other member of the couple shall, except in prescribed circumstances, be treated for the purposes of this Act as income and capital of the claimant.
In any case falling within subsection (3) or (4) where the relevant decision takes effect before 6 April 2016, the Secretary of State shall, on the making of the relevant decision, specify a period as the assessed income period, unless prevented by subsection (2).
The Secretary of State is prevented from specifying a period as the assessed income period under subsection (1)—
if the relevant decision takes effect at a time when an assessed income period is in force in the case of the claimant by virtue of a previous application of this section; or
in such other circumstances as may be prescribed.
The first case is where—
the Secretary of State determines the amount of a claimant’s income for the purposes of a decision relating to state pension credit;
the decision is a decision under section 8(1), 9 or 10 of the Social Security Act 1998 (c. 14) (decisions on claims etc, and decisions revising or superseding decisions);
the decision takes effect on or after—
the day on which the claimant attains the age of 65; or
if earlier, in a case where the claimant is a member of a couple , the day on which the other member of the couple attains that age; and
the decision is not to the effect that the claimant is not entitled to state pension credit.
The second case is where—
the amount of the claimant’s income is determined on, or for the purposes of, an appeal against a decision that the claimant is not entitled to state pension credit;
on the appeal, it is decided that the claimant is entitled to state pension credit; and
the decision takes effect as mentioned in subsection (3)(c).
In this section “the relevant decision” means—
so far as relating to the first case, the decision mentioned in subsection (3)(a);
so far as relating to the second case, the decision on appeal mentioned in subsection (4)(b).
This section is subject to section 9.
This section and sections 7 to 10 shall be construed as one.
This section applies where, pursuant to section 6(1), the Secretary of State on the making of the relevant decision specifies a period as the assessed income period.
This section has effect for the purpose of determining, as at any time in the assessed income period,—
the claimant’s entitlement to state pension credit; or
the amount of state pension credit to which the claimant is entitled.
Where the claimant’s income, as determined for the purposes of the relevant decision, includes an amount (the “assessed amount”) in respect of an element of the claimant’s retirement provision, the amount of that element as at any time in the assessed income period shall be taken to be the assessed amount as for the time being varied in accordance with regulations under subsection (4).
The assessed amount shall be deemed, except in prescribed circumstances,— on such date or dates and by such amounts as may be prescribed.
to increase, or
in the case of income from capital, to increase or decrease,
Where it is determined for the purposes of the relevant decision that the claimant’s income does not include any, or any further, elements of retirement provision, the claimant’s income throughout the assessed income period shall be taken not to include those elements.
For the purposes of this Act “retirement provision” means income of any of the following descriptions— and an “element” of a person’s retirement provision is income of any of those descriptions from a particular source.
retirement pension income, other than benefit under Part 1 of the Pensions Act 2014 or the Contributions and Benefits Act;
income from annuity contracts (other than retirement pension income);
income from capital;
PPF periodic payments,
For the purposes of this section, regulations may make provision—
for treating income of any particular description as income of another description; or
for treating income from different sources as income from the same source.
Nothing in subsections (3) to (5) prevents the revision under section 9 of the Social Security Act 1998 (c. 14) of the relevant decision or of any earlier or later decision under section 10 of that Act.
This section is subject to section 8.
Subsections (3) to (5) of section 7 do not prevent the making of fresh determinations as to the elements, or any of the elements, or the amount of any of the elements, of the claimant’s retirement provision as at any time during the assessed income period, if—
the fresh determinations are for the purpose of making a decision under section 10 of the Social Security Act 1998 (c. 14) (“the new decision”);
the new decision increases the amount of state pension credit to which the claimant is entitled; and
the increase is in whole or in part the result of the fresh determinations (taken as a whole).
The conditions in paragraphs (b) and (c) of subsection (1) shall be taken to be satisfied if—
the new decision reduces the amount of state pension credit to which the claimant is entitled; but
the reduction is less than it would have been apart from the fresh determinations (taken as a whole).
Where a fresh determination is made by virtue of subsection (1), then, as respects the part of the assessed income period that begins with the day on which the new decision takes effect, subsections (3) to (5) of section 7 shall have effect in accordance with the fresh determination, instead of the determination which it replaces, but as if—
the fresh determination were (and the determination which it replaces were not) a determination for the purposes of the relevant decision;
any assessed amount resulting from the fresh determination were not subject to variation under subsection (4) of that section at any time before the day on which the new decision takes effect; and
the claimant’s income, as determined for the purposes of the relevant decision, were constituted accordingly.
An assessed income period shall (subject to the following subsections) be—
in the case of a claimant who is under the age of 75 on the day on which the relevant decision takes effect, the period of 5 years beginning with that day;
in the case of a claimant who is aged 75 or over on that day, an indefinite period beginning with that day.
If the Secretary of State considers that the particulars of the claimant’s retirement provision as determined for the purposes of the relevant decision are not likely, after taking account of any assumed variations under subsection (3), to be typical of the claimant’s retirement provision throughout the period of 12 months beginning with the day on which that decision takes effect—
he need not specify a period under section 6(1); and
if he does so, he shall specify a period that is shorter than 5 years (but beginning as mentioned in subsection (1)).
It shall be assumed for the purposes of subsection (2) that the same variations fall to be made in relation to the amount of an element of the claimant’s retirement provision as determined for the purposes of the relevant decision as would fall to be made under section 7(4) if an assessed income period were to be specified in accordance with subsection (1).
An assessed income period shall, except in prescribed circumstances, end at any time at which—
the claimant becomes a member of a couple ;
the claimant ceases to be a member of a couple ;
the claimant attains the age of 65; or
in a case where the claimant is a member of a couple , the other member of the couple attains the age of 65.
Regulations may prescribe further times at which, or circumstances in which, an assessed income period shall end.
Where— the assessed income period shall be treated as not ending at that time but, subject to subsection (4) and provision made under subsection (5), as continuing indefinitely.
an assessed income period is brought to an end , on or after 6 April 2009 but before 6 April 2014, by the expiry of a period of 5 years or more, and
the claimant is aged 80 or over at that time,
This section applies where—
an assessed income period is in force; and
there is an alteration in an element of the claimant’s retirement provision which affects the computation of the amount of state pension credit to which the claimant is entitled.
Where, as a result of the alteration, the amount of state pension credit to which the claimant is entitled is increased or reduced, then, as from the commencing date, the amount of state pension credit payable in the case of the claimant shall be the increased or reduced amount, without any further decision of the Secretary of State (and the award of state pension credit shall have effect accordingly).
Where, notwithstanding the alteration, the claimant continues on and after the commencing date to be entitled to the same amount of state pension credit as before, the award shall continue in force accordingly.
In this section—
“alteration” means a variation in the amount of an element of the claimant’s retirement provision in accordance with regulations under section 7(4);
Schedule 1 shall have effect and in that Schedule— Part 1 makes amendments to Part 1 of the Administration Act (claims for, and payments and general administration of, benefit); Part 2 makes amendments to Part 1 of the Social Security Act 1998 (c. 14) (decisions and appeals); and Part 3 makes miscellaneous and supplementary provision.
This section applies to any case where—
a person (“the person in question”) is a husband or wife by virtue of a marriage entered into under a law which permits polygamy;
either party to the marriage has for the time being any spouse additional to the other party; and
the person in question, the other party to the marriage and the additional spouse are members of the same household.
Regulations under this section may make provision—
as to the entitlement of the person in question to state pension credit;
as to any guarantee credit or savings credit to which that person is entitled;
for prescribing a different amount as the standard minimum guarantee in the case of the person in question;
in a case where the person in question is the claimant, for treating the income and capital of the other party and of the additional spouse as income and capital of the person in question.
Any such regulations may provide—
that prescribed provisions shall apply instead of prescribed provisions of this Act; or
that prescribed provisions of this Act shall not apply or shall apply subject to prescribed modifications or adaptations.
Except in relation to the amount of the standard minimum guarantee, any power to prescribe amounts by virtue of this section includes power to prescribe nil as an amount.
The Secretary of State may by regulations make such transitional provision, consequential provision or savings as he considers necessary or expedient for the purposes of, or in connection with,—
the coming into force of any of the state pension credit provisions of this Act; or
the operation of any enactment repealed or amended by any of those provisions during any period when the repeal or amendment is not wholly in force.
The provision that may be made by regulations under this section includes in particular—
provision for a person who attains or has attained the qualifying age on or before the appointed day and who immediately before that day is entitled to income support—
to be treated as having been awarded on, and with effect as from, that day state pension credit of an amount specified in or determined in accordance with the regulations; or
to be treated as having made a claim for state pension credit; and
provision for an assessed income period under section 6 of such length as may be specified in or determined in accordance with the regulations (which may be longer than the maximum period provided for by section 9(1)) to have effect in the case of a person who attains or has attained the qualifying age on or before the appointed day.
In this section—
“the appointed day” means such day as the Secretary of State may by order appoint;
“the state pension credit provisions of this Act” means this Act other than section 18.
Schedule 2 (which makes minor and consequential amendments relating to state pension credit) shall have effect.
In this Act “income” means income of any of the following descriptions—
earnings;
working tax credit;
retirement pension income;
income from annuity contracts (other than retirement pension income);
prescribed social security benefits (other than retirement pension income and state pension credit);
foreign social security benefits of any prescribed description;
a war disablement pension or war widow’s or widower’s pension;
a foreign war disablement pension or foreign war widow’s or widower’s pension;
income from capital;
income of any prescribed description.
Regulations may provide that a person’s capital shall be deemed to yield him income at a prescribed rate.
Income and capital shall be calculated or estimated in such manner as may be prescribed.
A person’s income in respect of any period shall be calculated in accordance with prescribed rules.
The rules may provide for the calculation to be made by reference to an average over a period (which need not consist of or include the whole or any part of the period concerned).
Circumstances may be prescribed in which—
a person is treated as possessing capital or income which he does not possess;
capital or income which a person does possess is to be disregarded;
income is to be treated as capital; or
capital is to be treated as income.
Subsections (2) to (6) have effect for the purposes of this Act.
In this Act “retirement pension income” means any of the following—
a Category A or Category B retirement pension payable under sections 43 to 55 of—
the Contributions and Benefits Act; or
the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);
a state pension under Part 1 of the Pensions Act 2014 or under any provision in Northern Ireland which corresponds to that Part;
a shared additional pension payable under—
section 55A of either of those Acts, or
section 55AA of the Contributions and Benefits Act or any corresponding provision under the law of Northern Ireland;
graduated retirement benefit payable under section 62 of either of those Acts;
a Category C or Category D retirement pension payable under section 78 of either of those Acts;
age addition payable under section 79 of either of those Acts;
income from an occupational pension scheme or a personal pension scheme;
income from an overseas arrangement;
income from a retirement annuity contract;
income from annuities or insurance policies purchased or transferred for the purpose of giving effect to rights under a personal pension scheme or an overseas arrangement;
income from annuities purchased or entered into for the purpose of discharging liability under—
section 29(1)(b) of the Welfare Reform and Pensions Act 1999 (c. 30) (pension credits on divorce); or
Article 26(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) (corresponding provision for Northern Ireland).
any sum payable by way of pension under section 5 of the Civil List Act 1837 or section 7 of the Civil List Act 1952;
any payment, other than a payment ordered by a court or made in settlement of a claim, made by or on behalf of a former employer of a person on account of the early retirement of that person on grounds of ill-health or disability
any payment made at regular intervals under an equity release scheme.
any payment made under the Financial Assistance Scheme Regulations 2005.
The Secretary of State may by regulations amend subsection (1); and any such regulations may—
add to or vary the descriptions of income for the time being listed in that subsection; or
remove any such description from that subsection.
In this section—
“appropriate minimum guarantee” shall be construed in accordance with section 2(3);
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In section 24 of the Criminal Justice Act 1991 (c. 53) (recovery of fines by deduction from income support and jobseeker’s allowance)—
in subsection (1), for “or a jobseeker’s allowance” substitute “ , a jobseeker’s allowance or state pension credit ”, and
in subsection (2)(d) for “or a jobseeker’s allowance” substitute “ , a jobseeker’s allowance or state pension credit ”.
In this Act—
After section 136 (income and capital) insert—
In section 94 of the Local Government Act 2000 (c. 22) (disclosure of information) in subsection (1) (information relating to income support and income-based jobseeker’s allowance) for “or income-based jobseeker’s allowance” substitute “ , income-based jobseeker’s allowance or state pension credit ”.
Section 149 is amended as follows. In subsection (2) (circumstances in which a person is treated as entitled to qualifying benefit)—
any retired pay, pension or allowance granted in respect of disablement under powers conferred by or under— the Air Force (Constitution) Act 1917 (c. 51); the Personal Injuries (Emergency Provisions) Act 1939 (c. 82); the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 (c. 83); the Polish Resettlement Act 1947 (c. 19); or Part 7 or section 151 of the Reserve Forces Act 1980 (c. 9); or
any widow's, widower’s or surviving civil partner's pension or allowance granted in respect of a death due to service or war injury and payable by virtue of any enactment mentioned in paragraph (a) of the definition of “war disablement pension”; or
“social security benefits” means benefits payable under the enactments relating to social security in any part of the United Kingdom;
In section 70(2) of the Transport Act 1982 (c. 49) (payments by Secretary of State in respect of applicants for medical exemption from wearing seat belts) after paragraph (b), insert—.
Paragraph 6 of Schedule 4 to the Local Government Finance Act 1988 (c. 41) (recovery of outstanding community charge by deduction from income support) shall, so far as it continues to have effect by virtue of Article 2 of the Local Government Finance Act 1992 (Recovery of Community Charge) Saving Order 1993, apply as if there were inserted at the end—
The Local Government Finance Act 1992 (c. 14) is amended as follows.
The Social Security Act 1998 (c. 14) is amended as follows.
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if there is no such excess, nil.
In section 2(2) (which defines “relevant enactment”) at the end insert; or .
The Jobseekers Act 1995 (c. 18) is amended as follows.
Section 11
any retired pay, pension or allowance granted in respect of disablement under powers conferred by or under— the Air Force (Constitution) Act 1917 (c. 51); the Personal Injuries (Emergency Provisions) Act 1939 (c. 82); the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 (c. 83); the Polish Resettlement Act 1947 (c. 19); or Part 7 or section 151 of the Reserve Forces Act 1980 (c. 9); or
In section 28 (correction of errors and setting aside of decisions) in subsection (3) (meaning of “relevant enactment”) at the end insert; or .
Part 1 of the Social Security Act 1998 (c. 14) (decisions and appeals) is amended as follows.
In section 11(3), in the definition of “the current legislation”, for “the Social Security (Recovery of Benefits) Act 1997” substitute “ , the Social Security (Recovery of Benefits) Act 1997 and the State Pension Credit Act 2002 ”.
In section 71(11) (benefits to which section applies) after paragraph (aa) insert—.
In section 124(1) (regulations as to furnishing of information from registers of births, marriages and deaths) after “Jobseekers Act 1995;” insert—.
Section 150 is amended as follows. In subsection (1) (sums which are to be reviewed by the Secretary of State) after paragraph (k) insert—. In subsection (7) (provision which may be added to draft up-rating order) after “the Jobseekers Act 1995” insert “ or the State Pension Credit Act 2002 ”.
In section 169(1) (adjustments of social fund, Consolidated Fund and National Insurance Fund in relation to repayment or offsetting of benefit or other payment) at the end insert “or the State Pension Credit Act 2002”.
In section 180—
in paragraph (a) (expense of attending interview) after “the Social Security Act 1998” insert “ , the State Pension Credit Act 2002 ”, and
in paragraph (b)(i) (expense of attending local office) after “the Social Security Act 1998” insert “ , the State Pension Credit Act 2002 ”.
In Schedule 4 to the Pensions Act 1995 (c. 26) (equalisation of pension ages for men and women) in paragraph 1 (Acts to which the rules for determining pensionable age apply) for “and the Pension Schemes Act 1993” substitute “ , the Pension Schemes Act 1993 (c. 48) and the State Pension Credit Act 2002 ”.
“working tax credit” means a working tax credit under the Tax Credits Act 2002 to which a person is entitled whether alone or jointly with another.
“retirement annuity contract” means a contract or scheme approved under Chapter 3 of Part 14 of the Income and Corporation Taxes Act 1988 (c. 1).
In Schedule 3 (decisions against which appeal lies) after paragraph 8 insert—
Section 8 is amended as follows. In subsection (3) (meaning of “relevant benefit” in Chapter 2 of Part 1 (social security decisions and appeals)) after paragraph (b) insert—. In subsection (4) (meaning of “relevant enactment” in that section) for “or the Jobseekers Act” substitute “ , the Jobseekers Act or the State Pension Credit Act 2002 ”.
In section 27(7), in the definition of “benefit”—
after paragraph (d) insert—, and
in paragraph (e) for “paragraphs (a) to (d) above” substitute “ paragraphs (a) to (dd) above ”.
The Contributions and Benefits Act is amended as follows.
Section 137 is amended as follows. “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26); “the qualifying age for state pension credit” is (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002)— “state pension credit” means state pension credit under the State Pension Credit Act 2002;
Section 150 is amended as follows. In subsection (1) (definition of “qualifying benefit”) in paragraph (k) for “income support” substitute “ state pension credit ”. In subsection (2) (interpretation of Part 10) insert the following definitions at the appropriate place—; “state pension credit” means state pension credit under the State Pension Credit Act 2002;
Section 14
“the savings credit threshold” is such amount as may be prescribed;
Section 74 is amended as follows. In subsection (1)(b) (recovery of income support etc paid because prescribed income not paid until after prescribed date) for “or an income-based jobseeker’s allowance” substitute “ , an income-based jobseeker’s allowance or state pension credit ”. In subsection (2)(b) (recovery of income support etc paid because prescribed payment from public funds not paid until after prescribed date) for “or an income-based jobseeker’s allowance” substitute “ , an income-based jobseeker’s allowance or state pension credit ”.
In section 125(1) (regulations as to notification of death by Registrar General for England and Wales, etc) after “the Social Security Act 1998” insert “ , the State Pension Credit Act 2002 ”.
After section 159A (effect of alteration of rates of a jobseeker’s allowance) insert—
In section 170(5) (interpretation)—
in the definition of “the relevant enactments”, after paragraph (ag) insert—, and
in the definition of “the relevant Northern Ireland enactments”, after paragraph (ag) insert—.
In section 187(1), after paragraph (aa) insert—.
The Administration Act is amended as follows.
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after “a benefit under the Social Security Contributions and Benefits Act 1992” insert “or state pension credit”, and
for “or the Social Security Administration Act 1992” substitute “, the Social Security Administration Act 1992 (c. 5) or the State Pension Credit Act 2002”.
Section 21 Short title and chapter Extent of repeal Social Security Contributions and Benefits Act 1992 (c. 4) In section 124(1), the word “and” immediately preceding paragraph (f). Section 148(4). Social Security Act 1998 (c. 14) In section 2(2), the word “or” immediately preceding paragraph (h). In section 11(3), in the definition of “current legislation”, the word “and” in the second place where it occurs. In section 28(3), the word “or” immediately preceding paragraph (e). In paragraph 6(b) of Schedule 2, the word “or” immediately preceding sub-paragraph (ii). Social Security Fraud Act 2001 (c. 11) In section 10(3), the word “or” immediately preceding paragraph (b).
In section 3 (the income-based conditions) in subsection (1)—
in paragraph (b) (claimant must not be entitled to income support) after “income support” insert “ or state pension credit ”; and
after paragraph (d) insert—.
In section 3A (conditions for claims by joint-claim couples) in subsection (1), after paragraph (c) insert—.
Paragraph 6 of Schedule 4 (deductions from income support and jobseeker’s allowance in respect of unpaid council tax) is amended as follows. In sub-paragraph (1) for “or a jobseeker’s allowance” substitute “ , a jobseeker’s allowance or state pension credit ”. In sub-paragraph (2)(b) for “or a jobseeker’s allowance” substitute “ , a jobseeker’s allowance or state pension credit ”.
In section 34 (determination by local authorities of claims for housing benefit and council tax benefit) in subsection (3) (regulations giving priority to persons who have been entitled to jobseeker’s allowance or income support) after “or to income support” insert “ or state pension credit ”.
“war widow’s or widower’s pension” means—
Section 124 is amended as follows. In subsection (1) (entitlement to income support), after paragraph (a) (claimant must be 16 or over) insert—. In that subsection, after paragraph (f) (claimant must not be entitled to jobseeker’s allowance etc) insert; and
Section 148 is amended as follows. In subsection (2) (conditions for entitlement in case of couples), in paragraph (c)(ii) (condition that person be in receipt of income support only) for “income support” substitute “ state pension credit ”. After that subsection insert— Omit subsection (4) (persons receiving income support only entitled to bonus if attaining pensionable age by end of relevant week).
In paragraph 12(1) of that Schedule (relationship between remedies available)—
after sub-paragraph (b) insert—, and
in sub-paragraph (d), after “deductions from income support” insert “ , deductions from state pension credit ”.
Paragraph 6 of Schedule 8 (enforcement in Scotland) is amended as follows. In sub-paragraph (1), for “or a jobseeker’s allowance” substitute “ , a jobseeker’s allowance or state pension credit ”. In sub-paragraph (2)(b), for “or a jobseeker’s allowance” substitute “ , a jobseeker’s allowance or state pension credit ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations may make provision for the purposes of this Act—
as to circumstances in which persons are to be treated as being or not being members of the same household;
as to circumstances in which persons are to be treated as being or not being severely disabled.
The following provisions of the Contributions and Benefits Act, namely— shall apply for the purposes of this Act as they apply for the purposes of that Act.
section 172 (references to Great Britain or United Kingdom to include reference to adjacent territorial waters etc), and
section 173 (meaning of attaining an age etc),
In section 47(1) of the Pension Schemes Act 1993 (c. 48) (which limits the width of the reference in section 46(1) to a person entitled to a guaranteed minimum pension by virtue of being the widower of an earner)—
after “an earner” insert “ in any case where he is entitled to a benefit other than a widowed parent’s allowance ”;
for paragraph (a) substitute—; and
in paragraph (b), for “section 41(7)” substitute “ section 41(5) ” and for “the Social Security Contributions and Benefits Act 1992” substitute “ that Act ”.
Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 12 months.
Subject to subsection (3), subsection (1) applies to—
regulations made under this Act, and
regulations made under section 1 or 5 of the Administration Act.
Subsection (1) only applies to regulations if they are made with a view to ascertaining whether their provisions will—
make it more likely that persons who are entitled to claim state pension credit will do so;
make it more likely that persons who are entitled to claim state pension credit will receive it.
Regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as a “pilot scheme”.
A pilot scheme may, in particular—
provide for a relevant provision not to apply, or to apply with modifications, for the purposes of the pilot scheme, and
make different provision for different cases or circumstances.
For the purposes of subsection (5)(a), a “relevant provision” is—
any provision of this Act, and
section 1 of the Administration Act.
A pilot scheme may provide that no account is to be taken of any payment made under the pilot scheme in considering a person's—
liability to tax,
entitlement to benefit under an enactment relating to social security (irrespective of the name or nature of the benefit), or
entitlement to a tax credit.
A pilot scheme may provide that its provisions are to apply only in relation to—
one or more specified areas or localities;
one or more specified classes of person;
persons selected—
by reference to prescribed criteria, or
on a sampling basis.
A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.
A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.
The power of the Secretary of State to make regulations which, by virtue of this section, are to have effect for a limited period is exercisable only with the consent of the Treasury.
Subject to the following provisions of this section, subsections (1), (2) to (5) and (10) of section 175 of the Contributions and Benefits Act (regulations and orders etc) shall apply in relation to any power conferred on the Secretary of State by any provision of this Act to make regulations or an order as they apply in relation to any power conferred on him by that Act to make regulations or an order, but as if for references to that Act (other than references to specific provisions of it) there were substituted references to this Act.
A statutory instrument containing (whether alone or with other provisions) the first regulations under— shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
section 2(3)(b), (4) or (6),
section 3(4), (5), (6), (7) or (8),
section 4(3),
section 12, or
section 15(1)(e), (f) or (j), (2), (3), (4) or (6),
A statutory instrument containing regulations which, by virtue of section 18A, are to have effect for a limited period shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
which contains regulations under this Act (whether alone or with other provisions), and
which is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
There shall be paid out of money provided by Parliament—
any sums payable by way of state pension credit;
any expenditure incurred by the Secretary of State or other government department under or by virtue of this Act; and
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
There shall be paid into the Consolidated Fund any increase attributable to this Act in the sums which under any other Act are payable into that Fund.
The enactments specified in Schedule 3 to this Act are repealed to the extent there specified.
This Act may be cited as the State Pension Credit Act 2002.
This section and sections 19 and 20 come into force on the passing of this Act.
Except as provided by subsection (2), this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different purposes.
Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.
Any amendment or repeal made by this Act has the same extent as the enactment to which it relates (unless otherwise provided).
Subject to that, this Act extends to England and Wales and Scotland only.