SCHEDULES
Schedule 1Administration
Part 1Amendments of the Administration Act
I1I141Introductory
Part 1 of the Administration Act (claims, evidence, and regulations about claims and payment) is amended as follows.
I2I152Entitlement dependent on making of claim etc
In section 1 (which makes entitlement dependent on the making of a claim and production etc of national insurance numbers and other evidence, and limits backdating to 12 months etc) in subsection (4) (benefits to which the section applies) after “(aa) a jobseeker’s allowance;” insert—
ab
state pension credit;
I3I163Power by regulations to make rules relating to claims, time limits, evidence etc
1
Section 5 is amended as follows.
2
In subsection (2) (benefits to which the section applies) after paragraph (aa) insert—
ab
state pension credit;
3
After subsection (3) insert—
3A
The references in paragraphs (h) and (hh) of subsection (1) above to information or evidence needed for the determination of a claim or of any question arising in connection with a claim or (as the case may be) for a determination whether a decision on an award should be revised or should be superseded, includes, in the case of state pension credit, a reference to information or evidence as to the likelihood of future changes in a person’s circumstances which is needed for determining—
a
whether a period should be specified as an assessed income period under section 6 of the State Pension Credit Act 2002 in relation to any decision; and
b
if so, the length of the period to be so specified.
Part 2Amendments of the Social Security Act 1998
I4I174Introductory
Part 1 of the Social Security Act 1998 (c. 14) (decisions and appeals) is amended as follows.
I5I185Use of computers
In section 2(2) (which defines “relevant enactment”) at the end insert
; or
i
the State Pension Credit Act 2002
I6I196Decisions by Secretary of State
1
Section 8 is amended as follows.
2
In subsection (3) (meaning of “relevant benefit” in Chapter 2 of Part 1 (social security decisions and appeals)) after paragraph (b) insert—
bb
state pension credit;
3
In subsection (4)
(meaning of “relevant enactment” in that section) for “or the Jobseekers Act” substitute “
, the Jobseekers Act or the State Pension Credit Act 2002
”
.
I7I207Regulations with respect to decisions
In section 11(3), in the definition of “the current legislation”, for “the Social Security (Recovery of Benefits) Act 1997” substitute “
, the Social Security (Recovery of Benefits) Act 1997 and the State Pension Credit Act 2002
”
.
I88Suspension of benefit for failure to furnish information etc
In section 22, after subsection (3) (which defines “information requirement” as a requirement made in pursuance of regulations under section 5(1)(hh) of the Administration Act to furnish certain information or evidence) insert—
4
Subsection (3A) of section 5 of the Administration Act (which glosses paragraph (hh) in the case of state pension credit) shall apply in relation to subsection (3) above as it applies in relation to paragraph (hh) of subsection (1) of that section.
I99Restrictions on entitlement to benefit in cases of error: definitions
In section 27(7), in the definition of “benefit”—
a
after paragraph (d) insert—
dd
state pension credit;
and
b
in paragraph (e) for “paragraphs (a) to (d) above” substitute “
paragraphs (a) to (dd) above
”
.
I10I2110Correction of errors and setting aside of decisions
In section 28 (correction of errors and setting aside of decisions) in subsection (3) (meaning of “relevant enactment”) at the end insert
; or
f
the State Pension Credit Act 2002
I1111Decisions against which no appeal lies
In Schedule 2 (decisions against which no appeal lies) in paragraph 6(b)(ii), at the end insert
; or
iii
section 159B(1)(b) of that Act (state pension credit)
I12I2212Decisions against which appeal lies
In Schedule 3 (decisions against which appeal lies) after paragraph 8 insert—
State pension credit
8A
A decision whether to specify a period as an assessed income period under section 6 of the State Pension Credit Act 2002.
8B
If so, a decision as to the period to be so specified.
8C
A decision whether an assessed income period comes to an end by virtue of section 9(4) or (5) of that Act.
8D
If so, a decision as to when the assessed income period so ends.
Part 3Miscellaneous and supplementary
I1313Amount payable for periods of less than a week
1
Where a person is entitled to state pension credit—
a
for a period of less than a week, which is the whole period for which state pension credit is payable, or
b
for any other period of less than a week for which it is payable,
the amount payable for that period shall be such amount as may be prescribed.
2
The power conferred by sub-paragraph (1) to prescribe an amount includes power to prescribe nil as an amount.