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State Pension Credit Act 2002

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This is the original version (as it was originally enacted).

Part 2Amendments of the Social Security Act 1998

Introductory

4Part 1 of the Social Security Act 1998 (c. 14) (decisions and appeals) is amended as follows.

Use of computers

5In section 2(2) (which defines “relevant enactment”) at the end insert ; or

(i)the State Pension Credit Act 2002.

Decisions by Secretary of State

6(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”.

Regulations with respect to decisions

7In 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”.

Suspension of benefit for failure to furnish information etc

8In 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.

Restrictions on entitlement to benefit in cases of error: definitions

9In 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”.

Correction of errors and setting aside of decisions

10In 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.

Decisions against which no appeal lies

11In 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).

Decisions against which appeal lies

12In Schedule 3 (decisions against which appeal lies) after paragraph 8 insert—

State pension credit

8AA decision whether to specify a period as an assessed income period under section 6 of the State Pension Credit Act 2002.

8BIf so, a decision as to the period to be so specified.

8CA decision whether an assessed income period comes to an end by virtue of section 9(4) or (5) of that Act.

8DIf so, a decision as to when the assessed income period so ends.

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