State Pension Credit Act 2002

Final provisions E+W+S

[F1 18A Pilot schemes E+W+S

(1) Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 12 months.

(2) Subject to subsection (3), subsection (1) applies to—

(a) regulations made under this Act, and

(b) regulations made under section 1 or 5 of the Administration Act.

(3) Subsection (1) only applies to regulations if they are made with a view to ascertaining whether their provisions will—

(a) make it more likely that persons who are entitled to claim state pension credit will do so;

(b) make it more likely that persons who are entitled to claim state pension credit will receive it.

(4) Regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as a “pilot scheme”.

(5) A pilot scheme may, in particular—

(a) provide for a relevant provision not to apply, or to apply with modifications, for the purposes of the pilot scheme, and

(b) make different provision for different cases or circumstances.

(6) For the purposes of subsection (5)(a), a “relevant provision” is—

(a) any provision of this Act, and

(b) section 1 of the Administration Act.

(7) A pilot scheme may provide that no account is to be taken of any payment made under the pilot scheme in considering a person's—

(a) liability to tax,

(b) entitlement to benefit under an enactment relating to social security (irrespective of the name or nature of the benefit), or

(c) entitlement to a tax credit.

(8) A pilot scheme may provide that its provisions are to apply only in relation to—

(a) one or more specified areas or localities;

(b) one or more specified classes of person;

(c) persons selected—

(i) by reference to prescribed criteria, or

(ii) on a sampling basis.

(9) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

(10) A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

(11) The power of the Secretary of State to make regulations which, by virtue of this section, are to have effect for a limited period is exercisable only with the consent of the Treasury.]

Textual Amendments

F1 S. 18A inserted (12.11.2009) by Welfare Reform Act 2009 (c. 24), ss. 27(2), 61(1)

19 Regulations and orders E+W+S

(1) Subject to the following provisions of this section, subsections (1), (2) to (5) and (10) of section 175 of the Contributions and Benefits Act (regulations and orders etc) shall apply in relation to any power conferred on the Secretary of State by any provision of this Act to make regulations or an order as they apply in relation to any power conferred on him by that Act to make regulations or an order, but as if for references to that Act (other than references to specific provisions of it) there were substituted references to this Act.

(2) A statutory instrument containing (whether alone or with other provisions) the first regulations under—

(a) section 2(3)(b), (4) or (6),

(b) section 3(4), (5), (6), (7) or (8),

(c) section 4(3),

(d) section 12, or

(e) section 15(1)(e), (f) or (j), (2), (3), (4) or (6),

shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

[F2 (2A) A statutory instrument containing regulations which, by virtue of section 18A, are to have effect for a limited period shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]

(3) A statutory instrument—

(a) which contains regulations under this Act (whether alone or with other provisions), and

(b) which is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F2 S. 19(2A) inserted (12.11.2009) by Welfare Reform Act 2009 (c. 24), ss. 27(3), 61(1)

20 Financial provisions E+W+S

(1) There shall be paid out of money provided by Parliament—

(a) any sums payable by way of state pension credit;

(b) any expenditure incurred by the Secretary of State or other government department under or by virtue of this Act; and

(c) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

(2) There shall be paid into the Consolidated Fund any increase attributable to this Act in the sums which under any other Act are payable into that Fund.

21 Enactments repealed E+W+S

The enactments specified in Schedule 3 to this Act are repealed to the extent there specified.

Commencement Information

I1 S. 21 in force at 7.4.2003 for specified purposes by S.I. 2003/966, art. 2(b), Sch.

I2 S. 21 in force at 6.10.2003 in so far as not already in force by S.I. 2003/1766, art. 2(a)

22 Short title, commencement and extent E+W+S

(1) This Act may be cited as the State Pension Credit Act 2002.

(2) This section and sections 19 and 20 come into force on the passing of this Act.

(3) Except as provided by subsection (2), this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different purposes.

(4) Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.

(5) Any amendment or repeal made by this Act has the same extent as the enactment to which it relates (unless otherwise provided).

(6) Subject to that, this Act extends to England and Wales and Scotland only.

Subordinate Legislation Made

P1 S. 22(3) power partly exercised: 2.7.2002 appointed for specified provisions by S.I. 2002/1691, art. 2; 3.9.2002 appointed for specified provision by S.I. 2002/2248, art. 2