The State Pension Credit (Miscellaneous Amendments) Regulations 2004

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

2.  In the Social Security and Child Support (Decisions and Appeals) Regulations 1999(1), in regulation 7 (date from which a decision superseded under section 10 takes effect)—

(a) for paragraphs (17B) and (17C)(2) substitute—

“(17B) Paragraph (17C) applies where—

(a) a claimant is awarded state pension credit;

(b) the claimant or his partner is aged 65 or over;

(c) his appropriate minimum guarantee (as defined by the State Pension Credit Act) includes housing costs determined in accordance with Schedule II to the State Pension Credit Regulations; and

(d) after the date from which sub-paragraph (c) applies—

(i) a non-dependant (as defined in that Schedule) begins to reside with the claimant; or

(ii) a non-dependant’s income increases and this affects the applicable amount of the claimant’s housing costs.

(17C) In the circumstances specified in paragraph (17B) a decision made under section 10 shall take effect—

(a) where there is more than one change of the kind specified in paragraph (17B)(d) in respect of the same non-dependant within the same 26 week period, 26 weeks after the date on which the first such change occurred; and

(b) in any other circumstances, 26 weeks after the date on which a change specified in paragraph (17B)(d) occurred.”; and

(b) in paragraph (23)(3) omit “, (17B)”.

(1)

S.I. 1999/991.

(2)

Paragraphs (17B) and (17C) were inserted by S.I. 2002/3197.

(3)

Paragraph (23) was substituted by S.I. 2002/3197.