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

Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 E+W+S

24.—(1) The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 M1 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 1 (citation, commencement and interpretation), in paragraph (2)—

(a) in the entry relating to “benefit” for the words “jobseeker’s allowance and”, substitute “ jobseeker’s allowance, state pension credit and ”; and

(b) after the entry relating to “severe disablement allowance” insert the following entries—

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

• “the State Pension Credit Regulations” means the State Pension Credit Regulations 2002 M2 ”.

(3) In regulation 7 (duplication and prescribed income), in paragraph (1)—

(a) for the words “income support and”, substitute “ income support, state pension credit and ”;

(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)—

(a) in paragraph 4A M3 , at the end insert—

“(d) state pension credit.”;

(b) in paragraph (6), at the end of sub-paragraph (b), insert—

“or

(c) in the calculation of the income of a person to whom state pension credit is payable, the amount of earnings or other income falling to be taken into account is reduced in accordance with paragraph 1 of Schedule 4 (sums to be disregarded in the calculation of income other than capital), or Schedule 6 (sums disregarded from claimant’s earnings) to the State Pension Credit Regulations,”;

(c) in paragraph (8)—

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

““personal allowance for a single claimant aged not less than 25” means—

(a) in the case of a person who is entitled to either income support or state pension credit, the amount for the time being specified in paragraph 1(1)(e) of column (2) of Schedule 2 to the Income Support Regulations; or

(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;”;

(ii) for the definition of “specified benefit”, substitute—

““specified benefit” means—

(a) a jobseeker’s allowance;

(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 M4 and the Social Security (Child Maintenance Bonus) Regulations 1996 M5 .”.

(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 ”.

(6) The provisions referred to in paragraph (5) are—

(a) regulation 5(3) (offsetting prior payment against subsequent award);

(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).

Marginal Citations

M1 S.I. 1988/664; the relevant amending Instruments are S.I. 1993/650 and 846 and 1996/1345.

M2 S.I. 2002/1792.

M3 Paragraph (4A) was inserted by S.I. 1996/2519.

M4 1995 c. 34.

M5 S.I. 1996/3195.