Welfare Reform Act 2009

27 State pension credit: pilot schemes E+W+S

(1) The State Pension Credit Act 2002 (c. 16) is amended as follows.

(2) Before section 19 (but after the italic heading immediately before that section) insert—

“18A Pilot schemes

(1) Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 12 months.

(2) Subject to subsection (3), subsection (1) applies to—

(a) regulations made under this Act, and

(b) regulations made under section 1 or 5 of the Administration Act.

(3) Subsection (1) only applies to regulations if they are made with a view to ascertaining whether their provisions will—

(a) make it more likely that persons who are entitled to claim state pension credit will do so;

(b) make it more likely that persons who are entitled to claim state pension credit will receive it.

(4) 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”.

(5) A pilot scheme may, in particular—

(a) provide for a relevant provision not to apply, or to apply with modifications, for the purposes of the pilot scheme, and

(b) make different provision for different cases or circumstances.

(6) For the purposes of subsection (5)(a), a “relevant provision” is—

(a) any provision of this Act, and

(b) section 1 of the Administration Act.

(7) 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—

(a) liability to tax,

(b) entitlement to benefit under an enactment relating to social security (irrespective of the name or nature of the benefit), or

(c) entitlement to a tax credit.

(8) A pilot scheme may provide that its provisions are to apply only in relation to—

(a) one or more specified areas or localities;

(b) one or more specified classes of person;

(c) persons selected—

(i) by reference to prescribed criteria, or

(ii) on a sampling basis.

(9) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

(10) A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

(11) 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.”

(3) In section 19 (regulations and orders) after subsection (2) insert—

“(2A) 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.”