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The Social Security (Claims and Payments) Regulations 1987, Section 16A is up to date with all changes known to be in force on or before 09 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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16A.—(1) For the purpose only of determining the day from which state pension credit is to become payable, where the credit is awarded from a day which is not the first day of the claimant’s benefit week, entitlement shall begin on the first day of the benefit week next following.
(2) In the case of a claimant who—
(a)immediately before attaining the qualifying age was entitled to income support[F2, [F3universal credit,] income-based jobseeker's allowance or income-related employment and support allowance] and is awarded state pension credit from the day on which he attains the qualifying age; or
(b)was entitled to an income-based jobseeker’s allowance [F4or universal credit] after attaining the qualifying age and is awarded state pension credit from the day which falls after the date that entitlement ends,
entitlement to the guarantee credit shall, notwithstanding paragraph (1), begin on the first day of the award.
(3) Where a change in the rate of state pension credit would otherwise take effect on a day which is not the first day of the claimant’s benefit week, the change shall take effect from the first day of the benefit week next following.
[F5(4) For the purpose of this regulation, “benefit week” means—
(a)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 is payable;
(b)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 is payable.]]
Textual Amendments
F1Reg. 16A inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 7(2)
F2Words in reg. 16A(2)(a) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 20
F3Words in reg. 16A(2)(a) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 29(3)(a)
F4Words in reg. 16A(2)(b) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 29(3)(b)
F5Reg. 16A(4) substituted (6.4.2010) by The Social Security (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/510), regs. 1(2), 3(4)
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