Retirement provision
I1I26 Duty to specify assessed income period
1
In any case falling within subsection (3) or (4), the Secretary of State shall, on the making of the relevant decision, specify a period as the assessed income period, unless prevented by subsection (2).
2
The Secretary of State is prevented from specifying a period as the assessed income period under subsection (1)—
a
if the relevant decision takes effect at a time when an assessed income period is in force in the case of the claimant by virtue of a previous application of this section; or
b
in such other circumstances as may be prescribed.
3
The first case is where—
a
the Secretary of State determines the amount of a claimant’s income for the purposes of a decision relating to state pension credit;
b
the decision is a decision under section 8(1), 9 or 10 of the Social Security Act 1998 (c. 14) (decisions on claims etc, and decisions revising or superseding decisions);
c
the decision takes effect on or after—
i
the day on which the claimant attains the age of 65; or
ii
if earlier, in a case where the claimant is a member of a married or unmarried couple, the day on which the other member of the couple attains that age; and
d
the decision is not to the effect that the claimant is not entitled to state pension credit.
4
The second case is where—
a
the amount of the claimant’s income is determined on, or for the purposes of, an appeal against a decision that the claimant is not entitled to state pension credit;
b
on the appeal, it is decided that the claimant is entitled to state pension credit; and
c
the decision takes effect as mentioned in subsection (3)(c).
5
In this section “the relevant decision” means—
a
so far as relating to the first case, the decision mentioned in subsection (3)(a);
b
so far as relating to the second case, the decision on appeal mentioned in subsection (4)(b).
6
This section is subject to section 9.
7
This section and sections 7 to 10 shall be construed as one.