# The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002, Regulation 19: Amendment of regulation 13


In regulation 13 (income support and social fund determinations on incomplete evidence)—
(a) in paragraph (1), for sub-paragraph (a), substitute—
“(a) a determination falls to be made by the Secretary of State as to what housing costs are to be included in—
(i) a claimant’s applicable amount by virtue of regulation 17(1)(e) or 18(1)(f) of, and Schedule 3 to, the Income Support Regulations; or
(ii) a claimant’s appropriate minimum guarantee by virtue of regulation 6(6)(c) and Schedule II to the State Pension Credit Regulations; and”
and for the words “applicable amount are those”, substitute “ applicable amount or, as the case may be, appropriate minimum guarantee are those ”; and
(b) after paragraph (2), add—
“(3) Where, for the purposes of a decision under section 8 or 10—
(a) a determination falls to be made by the Secretary of State as to whether a claimant’s appropriate minimum guarantee includes an additional amount in accordance with regulation 6(4) of, and paragraph 1 of Schedule I to, the State Pension Credit Regulations; and
(b) it appears to the Secretary of State that he is not in possession of all the evidence or information which is relevant for the purpose of such a determination,
he shall make the determination on the assumption that the relevant evidence or information which is not in his possession is adverse to the claimant.”.

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Source: https://www.legislation.gov.uk/uksi/2002/3019/regulation/19 (the official version)
Page: https://openlegislation.uk/state-pension-credit-consequential-transitional-and-miscellaneous-provisions-regulations-2002/regulation-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.