Regulation 6 Advance claims and awards of state pension credit

In regulation 13 (advance claims and awards), in paragraph (3) M1, after the words “disabled person’s tax credit”M2 insert “ state pension credit ”.

After regulation 13C M3 (further claim for and award of disability living allowance), insert—

“ Advance claims for and awards of state pension credit

13D

(1)

Paragraph (2) applies if—

(a)

a person does not satisfy the requirements for entitlement to state pension credit on the date on which the claim is made; and

(b)

the Secretary of State is of the opinion that unless there is a change of circumstances he will satisfy those requirements—

(i)

where the claim is made in the advance period, when he attains the qualifying age; or

(ii)

in any other case, within 4 months of the date on which the claim is made.

(2)

Where this paragraph applies, the Secretary of State may—

(a)

treat the claim as made for a period beginning on the day (“the relevant day”) the claimant—

(i)

attains the qualifying age, where the claim is made in the advance period; or

(ii)

is likely to satisfy the requirements for entitlement in any other case; and

(b)

if appropriate, award state pension credit accordingly, subject to the condition that the person satisfies the requirements for entitlement on the relevant day.

(3)

An award under paragraph (2) may be revised under section 9 of the Social Security Act 1998 M4 if the claimant fails to satisfy the conditions for entitlement to state pension credit on the relevant day.”.