Retirement provision

Duty to specify assessed income period for pre-6 April 2016 awards
6
1
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).
2
The Secretary of State is prevented from specifying a period as the assessed income period under subsection (1)—
a
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
b
in such other circumstances as may be prescribed.
3
The first case is where—
a
the Secretary of State determines the amount of a claimant’s income for the purposes of a decision relating to state pension credit;
b
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);
c
the decision takes effect on or after—
i
the day on which the claimant attains the age of 65; or
ii
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
d
the decision is not to the effect that the claimant is not entitled to state pension credit.
4
The second case is where—
a
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;
b
on the appeal, it is decided that the claimant is entitled to state pension credit; and
c
the decision takes effect as mentioned in subsection (3)(c).
5
In this section “the relevant decision” means—
a
so far as relating to the first case, the decision mentioned in subsection (3)(a);
b
so far as relating to the second case, the decision on appeal mentioned in subsection (4)(b).
6
This section is subject to section 9.
7
This section and sections 7 to 10 shall be construed as one.
S. 6 partly in force; s. 6 not in force at Royal Assent, see s. 22(3); s. 6 in force for certain purposes at 2.7.2002 by S.I. 2002/1691, art. 2
S. 6 in force at 6.10.2003 in so far as not already in force by S.I. 2003/1766, art. 2(a)
Words in s. 6(3)(c)(ii) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 140; S.I. 2005/3175, art. 2(1), Sch. 1
Words in s. 6(1) inserted (6.4.2016) by Pensions Act 2014 (c. 19), ss. 28(1), 56(1); S.I. 2015/1475, art. 4
Words in s. 6 heading inserted (6.4.2016) by Pensions Act 2014 (c. 19), ss. 28(2), 56(1); S.I. 2015/1475, art. 4