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35.—(1) A person to whom paragraph (2) applies shall have an assessed income period allotted to him by the Department of at least 5 years but not exceeding 7 years beginning on the day the decision takes effect, unless regulation 10(1) of the State Pension Credit Regulations applies in his case.
(2) This paragraph applies to the first assessed income period specified in respect of a person who –
(a)attains or has attained the age of 65 or whose partner attains or has attained that age on or before the appointed day, and
(b)is awarded state pension credit with effect from the appointed day.
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