The State Pension Credit Regulations 2002

Assessed income period

10.—(1) For the purposes of section 6(2)(b) (circumstances in which the Secretary of State is prevented from specifying an assessed income period), the circumstances are—

(a) in the case of partners, one partner is under the age of 60; or

(b) state pension credit is awarded, or awarded at a higher rate, because an element of the claimant’s retirement provision which is due to be paid to the claimant stops temporarily.

(2) The circumstances prescribed for the purposes of section 7(4) (circumstances in which assessed amounts are deemed not to change) are that—

(a) the claimant’s retirement pension scheme or annuity contract contains no provision for periodic increases in the amount payable; or

(b) the assessed income comprises income from capital other than income to which paragraph (7) applies.

(3) Paragraphs (4) and (5) do not apply where the assessed amount comprises income from capital.

(4) Where the Secretary of State is informed that the arrangements under which the assessed amount is paid contains provision—

(a) for the payment to be increased periodically;

(b) for the date on which the increase is to be paid; and

(c) for determining the amount of the increase,

the assessed amount shall be deemed to increase from the day specified in paragraph (5) by an amount determined by applying those provisions to the amount payable apart from this paragraph.

(5) The day specified in this paragraph is—

(a) if the benefit week commences on the date on which the increase is to be paid, that day;

(b) if sub-paragraph (a) does not apply, the first day of the next benefit week to commence after that date.

(6) Except where paragraph (4) applies, the assessed amount shall be deemed to increase—

(a) on the next pay day following the date in April each year on which increases under section 150(1)(c) of the Administration Act come into force; and

(b) by an amount produced by applying to the assessed amount the same percentage increase as that applied for the purposes of additional pensions under section 150(1)(c) and 151(1) of the Administration Act.

(7) Where the assessed amount comprises income from capital, it shall be deemed to increase or decrease—

(a) on the first day of the next benefit week to commence following the day on which the income increases or decreases; and

(b) by an amount equal to the change in the claimant’s income produced by applying to his income changes made to the yields capital is deemed to produce, or to the capital amounts, specified in regulation 15(6), or to both if both are changed.

(8) In paragraph (6), “pay day” means the day on which state pension credit is normally paid to the claimant.