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PART IIE+W+SCLAIMS

[F1Making a claim for state pension creditE+W+S

4D.—(1) A claim for state pension credit need only be made in writing if the Secretary of State so directs in any particular case.

(2) A claim is made in writing either—

(a)by completing and returning in accordance with the instructions printed on it a form approved or provided by the Secretary of State for the purpose; or

(b)in such other written form as the Secretary of State accepts as sufficient in the circumstances of the case.

(3) A claim for state pension credit may be made in writing whether or not a direction is issued under paragraph (1) and may also be made F2... in person at, an appropriate office F3....

[F4(3A) A claim made in writing may also be made at an office designated by the Secretary of State for accepting claims for state pension credit.]

[F5(4) A claim made in writing may also be made at the offices of—

(a)a local authority administering housing benefit F6...;

(b)a county council in England;

(c)a person providing services to a person mentioned in sub-paragraph (a) or (b);

(d)a person authorised to exercise any functions of a local authority relating to housing benefit F6 ...; or

(e)a person authorised to exercise any function a county council in England has under section 7A of the Social Security Administration Act 1992,

if the Secretary of State has arranged with the local authority, county council or other person for them to receive claims in accordance with this paragraph.]

[F7(5) Where a claim is made in accordance with paragraph (4), the local authority or other specified person—

(a)shall forward the claim to the Secretary of State as soon as reasonably practicable;

(b)may receive information or evidence relating to the claim supplied by the person making, or who has made, the claim or another person, and shall forward it to the Secretary of State as soon as reasonably practicable;

(c)may obtain information or evidence relating to the claim from the person who has made the claim and shall forward it to the Secretary of State as soon as reasonably practicable;

[F8(cc)may verify any non-medical information or evidence supplied or obtained in accordance with sub-paragraph (b) or (c) and shall forward it to the Secretary of State as soon as reasonably practicable;]

(d)may record information or evidence relating to the claim supplied or obtained in accordance with sub-paragraph (b) or (c) and may hold the information or evidence (whether as supplied or obtained or as recorded) for the purpose of forwarding it to the Secretary of State; and

(e)may give information and advice with respect to the claim to the person who makes, or has made, the claim.]

[F9(5A) Paragraph (5)(b) to (e) applies in respect of information, evidence and advice relating to any claim for state pension credit, whether it is made in accordance with paragraph (4) or otherwise.]

(6) A claim for state pension credit made in person F10... is not a valid claim unless a written statement of the claimant’s circumstances, provided for the purpose by the Secretary of State, is approved by the person making the claim.

[F11(6A) A claim for state pension credit may be made by telephone call to the telephone number specified by the Secretary of State.]

[F11(6B) Where the Secretary of State, in any particular case, directs that the person making the claim approves a written statement of his circumstances, provided for the purpose by the Secretary of State, a claim made by telephone is not a valid claim unless the person complies with the direction.]

[F11(6C) A claim made by telephone in accordance with paragraph (6A) is defective unless the Secretary of State is provided, during that telephone call, with all the information he requires to determine the claim.]

[F11(6D) Where a claim made by telephone in accordance with paragraph (6A) is defective, the Secretary of State is to provide the person making it with an opportunity to correct the defect.]

[F11(6E) If the person corrects the defect within one month, or such longer period as the Secretary of State considers reasonable, of the date the Secretary of State [F12first] drew attention to the defect, the Secretary of State shall treat the claim as if it had been duly made in the first instance.]

(7) A [F13couple] may agree between them as to which partner is to make a claim for state pension credit, but in the absence of an agreement, the Secretary of State shall decide which of them is to make the claim.

(8) Where one member of a [F14couple] (“the former claimant”) is entitled to state pension credit under an award but a claim for state pension credit is made by the other member of the couple, then, if both members of the couple confirm in writing that they wish the claimant to be the other member, the former claimant’s entitlement shall terminate on the last day of the benefit week specified in paragraph (9).

(9) That benefit week is the benefit week of the former claimant which includes the day immediately preceding the day the partner’s claim is actually made or, if earlier, is treated as made.

(10) If a claim for state pension credit is defective when first received, the Secretary of State is to provide the person making it with an opportunity to correct the defect.

(11) If that person corrects the defect so that the claim then satisfies the requirements of paragraph (2) and does so within 1 month[F15, or such longer period as the Secretary of State considers reasonable,] of the date the Secretary of State [F16first] drew attention to the defect, the claim shall be treated as having been properly made on the date—

(a)the defective claim was first received by the Secretary of State or the person acting on his behalf; or

(b)if regulation 4F(3) applies, the person informed an appropriate office [F17or other office specified in regulation 4F(3)] of his intention to claim state pension credit.

(12) [F18Paragraphs (6E) and (11) do] not apply in a case to which regulation 4E(3) applies.

(13) State pension credit is a relevant benefit for the purposes of section 7A of the Social Security Administration Act 1992.]

Textual Amendments