Regulation 13D Advance claims for and awards of state pension creditF1
England, Wales and Scotland
Paragraph (2) applies if—
a person does not satisfy the requirements for entitlement to state pension credit on the date on which the claim is made; and
the Secretary of State is of the opinion that unless there is a change of circumstances he will satisfy those requirements—
where the claim is made in the advance period, when he attains the qualifying age; or
in any other case, within 4 months of the date on which the claim is made.
Where this paragraph applies, the Secretary of State may—
treat the claim as made for a period beginning on the day (“the relevant day”) the claimant—
attains the qualifying age, where the claim is made in the advance period; or
is likely to satisfy the requirements for entitlement in any other case; and
if appropriate, award state pension credit accordingly, subject to the condition that the person satisfies the requirements for entitlement on the relevant day.
An award under paragraph (2) may be revised under section 9 of the Social Security Act 1998 if the claimant fails to satisfy the conditions for entitlement to state pension credit on the relevant day.
This regulation does not apply to a claim made by a person not in Great Britain as defined in regulation 2 of the State Pension Credit Regulations (persons not in Great Britain).
Annotations
Textual amendments
- F1
Reg. 13D inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 6(2)
- F2
Reg. 13D(4) added (23.5.2007) by The Social Security, Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1331), regs. 1, 2(3)
Notes on the whole SI
Textual amendments
- F1
Words in Instrument substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), Sch. 6 para. 1 (with reg. 3(1)(b), Schs. 21-23)