The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003

Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000

6.—(1) Regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000(1) shall be amended in accordance with the following paragraphs.

(2) In paragraph (1) (persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999) after “Contributions and Benefits Act,” there shall be inserted the words “or state pension credit under the State Pension Credit Act 2002(2),”.

(3) After paragraph (4)(b) insert—

“(c) state pension credit under the State Pension Credit Act 2002, a person to whom sub-paragraph (a) would have applied but for the fact that they have attained the qualifying age for the purposes of state pension credit, is a person to whom section 115 of the Act does not apply.”.

(4) After paragraph (6) insert—

“(7) For the purposes of entitlement to state pension credit under the State Pension Credit Act 2002, a person to whom paragraph (5) would have applied but for the fact that they have attained the qualifying age for the purposes of state pension credit, is a person to whom section 115 of the Act does not apply.

(8) Where paragraph 1 of Part I of the Schedule to these Regulations applies in respect of entitlement to state pension credit, the period for which a claimant’s state pension credit is to be calculated shall be any period, or the aggregate of any periods, not exceeding 42 days during any one period of leave to which paragraph 1 of Part I of the Schedule to these Regulations applies.”.

(1)

S.I. 2000/636.

(2)

2002 c. 15.