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The State Pension Credit (Decisions and Appeals-Amendments) Regulations 2003

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2003, ISBN 011046012X

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 80(1)(b) of the Social Security Act 1998 and paragraph 20(4) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000, for approval by resolution of each House of Parliament.

SOCIAL SECURITY

Made 2003

Coming into force in accordance with regulation 1

Whereas a draft of this Instrument was laid before Parliament in accordance with section 80(1)(b) of the Social Security Act 1998f1 and paragraph 20(4) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000f2 and approved by resolution of each House of Parliament.

Now, therefore, the Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 79(1) and 84 of, and paragraph 9 of Schedule 2 to, the Social Security Act 1998f3 and paragraphs 6(4)(b), 20(1)(b) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000f4 and of all other powers enabling him in that behalf, after consultation, in respect of regulation 3, with both the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 1992f5 and with organisations appearing to him to be representative of the authorities concernedf6 and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to itf7, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1998 c. 14 (“the 1998 Act”).

f2

2000 c. 19 (“the 2000 Act”).

f3

Section 84 is cited because of the meaning ascribed to the word “prescribe”.

f4

Paragraph 23(1) is cited because of the meaning ascribed to the word “prescribed”.

f5

1992 c. 53.

f6

See section 176(1) of the Social Security Administration Act 1992 (c. 5) (“the Administration Act”).

f7

See sections 170 and 173(1)(b) of the Administration Act; paragraph 104 of Schedule 7 to the 1998 Act added Chapter II of Part I of that Act, and section 73 of the 2000 Act added Schedule 7 to that Act, to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
  3. 3Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the State Pension Credit (Decisions and Appeals-Amendments) Regulations 2003 and shall come into force on the day after the day on which they are made.

2Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

In paragraph 5 of Schedule 2 to the Social Security and Child Support (Decisions and Appeals) Regulations 1999f1 (decisions against which no appeal lies: claims and payments)—

(a)

after sub-paragraph (b), there shall be inserted the following sub-paragraph—

“(bb)

regulation 4D (making a claim for state pension credit) or 4Ef2 (making a claim before attaining the qualifying age);”;

(b)

after sub-paragraph (m), there shall be inserted the following sub-paragraph—

“(mm)

regulation 26Bf3(payment of state pension credit);”.

3Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

At the end of the Schedule to the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001f1 (decisions against which no appeal lies), there shall be added the following paragraph—

“6

No appeal shall lie against the calculation or estimate of the claimant's, or the claimant’s partner's, income or capital used by a relevant authority in accordance with regulation 23(1) of the Housing Benefit Regulations or regulation 15(1) of the Council Tax Benefit Regulations (calculation of claimant’s income in savings credit only cases), as modified, in both cases, by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003f2.”.

Signature

Signed by authority of the Secretary of State for Work and Pensions.

Parliamentary Under-Secretary of State,

Department for Work and Pensions

2003

Explanatory note

(This note is not part of the Regulations)

These Regulations amend—

  • the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I.1999/991) to provide that certain administrative decisions relating to claims for, and payment of, state pension credit, do not attract a right of appeal (regulation 2);

  • the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (S.I.2001/1002) to provide that no appeal lies against calculations and estimates of the income and capital of a claimant for housing benefit or council tax benefit or his partner, where that claimant or his partner has been awarded state pension credit comprising only the savings credit (regulation 3).

These Regulations do not impose a charge on business.