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

Claims for state pension credit E+W+S

38.—(1) A claim for state pension credit may be made before the appointed day by a person who is not in receipt of income support at the time the claim is made.

(2) Where the Secretary of State is satisfied that unless there is a change in the claimant’s circumstances before the appointed day he will satisfy the conditions for entitlement to state pension credit on that day, then the Secretary of State may—

(a) treat that claim as if made for a period beginning with the appointed day; and

(b) award benefit accordingly, but subject to the condition that the claimant does in fact satisfy those conditions when benefit becomes payable under the award.

(3) A decision under paragraph (2)(b) to award benefit may be revised under section 9 of the 1998 Act if the requirements for entitlement to state pension credit are found not to have been satisfied on the appointed day.

(4) A claim for state pension credit made in the period of 12 months beginning with the appointed day may be treated as made on that day if the claimant satisfied the conditions for entitlement to state pension credit on that day.

(5) A person who does not fall within paragraph (4)—

(a) solely because he does not satisfy the conditions for entitlement to state pension credit on the appointed day; but

(b) does satisfy those conditions on a day after the appointed day but before the day on which the claim is received by the Secretary of State,

shall be treated as having made the claim on the day the conditions were first satisfied in his case.

(6) A claim for income support made in the period of 6 months preceding the appointed day may be treated also as a claim for state pension credit if the claimant—

(a) is not entitled to income support; and

(b) has attained the age of 60 on the date the claim is made or will have attained that age on the appointed day.

(7) Paragraphs (2) and (3) shall apply to a claim treated as made under paragraph (6) as they apply to a claim made under paragraph (1).

(8) In the case of a person who—

(a) on the appointed day has attained the qualifying age;

(b) was, within the period of 6 months preceding the appointed day, entitled to income support; and

(c) was not entitled to income support on the day immediately preceding the appointed day,

that person shall be treated as having made a claim for state pension credit for a period beginning on the appointed day.

(9) The Secretary of State may treat a claim for state pension credit made in accordance with paragraph (1) as also a claim for income support made on the same day.