Part X Computation of Benefits

139BF1 Effect of alterations affecting state pension credit

1

Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) below shall have effect where—

a

an award of state pension credit is in force in favour of any person (“the recipient”); and

b

an alteration—

i

in any component of state pension credit,

ii

in the recipient’s benefit income,

iii

in any component of a contribution-based jobseeker’s allowance,

F5iiia

in any component of a contributory employment and support allowance, or

iv

in the recipient’s war disablement pension or war widow’s or widower’s pension,

affects the computation of the amount of state pension credit to which he is entitled.

2

Where, as a result of the alteration, the amount of state pension credit to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of state pension credit payable in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Department, and the award shall have effect accordingly.

3

Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount of state pension credit as before, the award shall continue in force accordingly.

4

Subsection (5) below applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—

a

in relation to any of the items referred to in subsection (1)(b)(i) to (iv) above, the amount of the alteration which he proposes to make by an order under section 150 F6, 150AF2, 151A or 152 of the Great Britain Administration Act or by or under any other enactment; and

b

the date on which he proposes to bring the alteration into force (“the proposed commencing date”).

5

If, in a case where this subsection applies, an award of state pension credit is made in favour of a person before the proposed commencing date and after the date on which the statement is made, the award—

a

may provide for state pension credit to be paid as from the proposed commencing date at a rate determined by reference to the amounts of the items specified in subsection (1)(b)(i) to (iv) above which will be in force on that date; or

b

may be expressed in terms of the amounts of those items in force at the date of the award.

6

In this section—

  • “alteration” means—

    1. a

      in relation to any component of state pension credit, its alteration by or under any enactment;

    2. b

      in relation to a person’s benefit income, the alteration of any of the applicable sums by any enactment or by an order under F13section 132, 132A, 132B or 133 above to the extent that any such alteration affects the amount of his benefit income;

    3. c

      in relation to any component of a contribution-based jobseeker’s allowance, its alteration by or under any enactment; and

    4. d

      in relation to a person’s war disablement pension or war widow’s or widower’s pension, its alteration by or under any enactment;

  • F4“applicable sums” has the same meaning as in section 139 above;

  • “benefit income”, in relation to a person, means so much of his income as consists of benefit under the Contributions and Benefits Act F7, state pension under Part 1 of the Pensions Act (Northern Ireland) 2015F11or personal independence payment ;

  • “the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;

  • “component”—

    1. a

      in relation to contribution-based jobseeker’s allowance, means any of the sums specified in regulations under the Jobseekers (Northern Ireland) Order 1995 which are relevant in calculating the amount payable by way of a jobseeker’s allowance;

    2. b

      in relation to state pension credit, means any of the sums specified in regulations under section 2, 3 or 12 of the State Pension Credit Act (Northern Ireland) 2002;

    3. c

      F9in relation to a contributory employment and support allowance, means any of the sums specified in regulations under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 which are relevant in calculating the amount payable by way of a contributory employment and support allowance;

  • “war disablement pension” means—

    1. a

      any retired pay, pension or allowance granted in respect of disablement under powers conferred by or under—

      1. i

        the Air Force (Constitution) Act 1917;

      2. ii

        the Personal Injuries (Emergency Provisions) Act 1939;

      3. iii

        the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939;

      4. iv

        the Polish Resettlement Act 1947; or

      5. v

        Part VII or section 151 of the Reserve Forces Act 1980; or

    2. b

      without prejudice to paragraph (a), any retired pay or pension to which F12any of paragraphs (a) to (f) of section 641(1) of the Income Tax (Earnings and Pensions) Act 2003 applies;

  • “war widow’s or widower’s pension” means—

    1. a

      F8any widow's, widower’s or surviving civil partner's pension or allowance granted in respect of a death due to service or war injury and payable by virtue of any enactment mentioned in paragraph (a) of the definition of “war disablement pension”; or

    2. b

      a pension or allowance for a F10widow, widower or surviving civil partner granted under any scheme mentioned in F3section 641(1)(e) or (f) of the Income Tax (Earnings and Pensions) Act 2003 .