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

Draft 2003, ISBN 011046012X

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).

Made under: Social Security Act 1998 (Section 79, Section 84, Schedule 2 paragraph 9); Child Support, Pensions and Social Security Act 2000 (Schedule 7 paragraph 6, Schedule 7 paragraph 20, Schedule 7 paragraph 23); Tribunals and Inquiries Act 1992

## Introductory text

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 1998 and paragraph 20(4) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 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 1998 and paragraphs 6(4)(b), 20(1)(b) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 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 1992 and with organisations appearing to him to be representative of the authorities concerned and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it, hereby makes the following Regulations:

## 1 Citation 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.

## 2 Amendment 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 1999 (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 4E (making a claim before attaining the qualifying age);”;
(b) after sub-paragraph (m), there shall be inserted the following sub-paragraph—
“(mm) regulation 26B(payment of state pension credit);”.

## 3 Amendment 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 2001 (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 2003.”.

## 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.

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Source: https://www.legislation.gov.uk/ukdsi/2003/011046012X (the official version)
Page: https://openlegislation.uk/draft-state-pension-credit-decisions-and-appeals-amendments-regulations-2003
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.