The Social Security (Miscellaneous Amendments No. 4) Regulations 2017

Amendment of the State Pension Credit Regulations 2002

10.—(1) The State Pension Credit Regulations 2002(1) are amended as follows.

(2) In regulation 15 (income for the purposes of the Act)—

(a) in paragraph (3)—

(i) after “prescribed under paragraph (1)” insert “, or retirement pension income to which section 16(1)(za) to (e)(2) applies,”;

(ii) after “taken into account under paragraph (1)” insert “, or section 16(1)(za) to (e),”;

(b) in paragraph (4)(3), after sub-paragraph (d) add—

“(e) section 14 of the Pensions Act 2014 (pension sharing: reduction in the sharer’s section 4 pension)(4);

(f) section 45B or 55B of the Social Security Contributions and Benefits Act 1992 (reduction of additional pension in Category A retirement pension and shared additional pension: pension sharing)(5).”.

(3) In regulation 18(3) (notional income), for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund and is to be determined by the Secretary of State, taking account of information provided by the pension fund holder in accordance with regulation 7(5) of the Social Security (Claims and Payments) Regulations 1987(6)”.

(1)

S.I. 2002/1792.

(2)

Paragraph (za) was inserted by paragraphs 42 and 44 of Schedule 12 to the Pensions Act 2014 and paragraph (b) was substituted by paragraph 15 of Schedule 11 to that Act.

(3)

Relevant amending instruments are S.I. 2005/3360 and 2008/1554.

(4)

2014 c.19.

(5)

Section 45B was inserted by paragraph 2 of Schedule 6 to the Welfare Reform and Pensions Act 1999 (c.30) and amended by section 41 of the Child Support, Pensions and Social Security Act 2000 (c.19). Section 55B was inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions Act 1999 and amended by section 41 of the Child Support, Pensions and Social Security Act 2000 and paragraph 7 of Schedule 11 to the Pensions Act 2014.

(6)

Relevant amending instrument is S.I. 1999/2572.