The Social Security (Claims and Payments) Regulations 1987

[F1Date of entitlement under an award of state pension credit for the purpose of payability and effective date of change of rateE+W+S

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