- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
5.—(1) Where a person who is not entitled to an award of state pension credit is issued with a tax credit closure notice then, notwithstanding anything in regulation 19(2) (time for claiming benefit) of the Social Security (Claims and Payments) Regulations 1987(1), the prescribed times for making a claim for state pension credit are as follows—
(a)if the person is claiming in respect of a period that begins before the deadline day specified in that notice, the first day of that period;
(b)if the person is claiming in respect of a period that begins on the deadline day, within three months beginning with the deadline day.
(2) Where, by virtue of paragraph (1), state pension credit is awarded from a day which is not the first day of a benefit week then, notwithstanding anything in regulation 16A of those Regulations, entitlement shall begin on the first day of the award and the amount payable in respect of that part-week shall be determined by—
(a)dividing by 7 the weekly amount which would be payable in respect of the full week; and then
(b)multiplying the resulting figure by the number of days in the part-week.
(3) But paragraph (2) does not apply if the claimant’s entitlement to state pension credit is unlikely to continue throughout the first full benefit week that follows the part-week.
(4) In this regulation—
“benefit week” means—
where state pension credit is paid in advance, the period of 7 days beginning on the day on which, in the claimant’s case, that benefit would (if not for paragraph (2)) be payable;
where state pension credit is paid in arrears, the period of 7 days ending on the day on which, in the claimant’s case, that benefit would (if not for paragraph (2)) be payable; and
“tax credit closure notice” means a notice issued under article 3A (tax credit closure notice) of the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019.
S.I. 1987/1968. Regulation 19 was substituted by S.I. 1997/793. There are other amending instruments, but none are relevant.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: