The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002

Amendment of regulation 13

19.  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.”.