The State Pension Credit Regulations 2002

[F1 Treatment of final payments of income

17ZA.— (1) Save where regulation 13B applies, this regulation applies where—

(a) a claimant has been receiving a regular payment of income;

(b) that payment is coming to an end or has ended; and

(c) the claimant receives a payment of income whether as the last of the regular payments or following the last of them (“the final payment”).

(2) For the purposes of regulation 17(1)—

(a) where the amount of the final payment is less than or equal to the amount of the preceding, or the last, regular payment, the whole amount shall be treated as being paid in respect of a period of the same length as that in respect of which that regular payment was made;

(b) where the amount of the final payment is greater than the amount of that regular payment—

(i) to the extent that it comprises (whether exactly or with an excess remaining) one or more multiples of that amount, each such multiple shall be treated as being paid in respect of a period of the same length as that in respect of which that regular payment was made; and

(ii) any excess shall be treated as paid in respect of a further period of the same length as that in respect of which that regular payment was made.

(3)  A final payment referred to in paragraph (2)(a) shall, where not in fact paid on the date on which a regular payment would have been paid had it continued in payment, be treated as paid on that date.

(4) Each multiple and any excess referred to in paragraph (2)(b) shall be treated as paid on the dates on which a corresponding number of regular payments would have been made had they continued in payment.

(5) For the purposes of this regulation, a “regular payment” means a payment of income made in respect of a period—

(a) referred to in regulation 17(1)(a) or (b) on a regular date; or

(b) which is subject to the provisions of regulation 17(2).]

Textual Amendments

F1 Reg. 17ZA inserted (5.4.2004) by The State Pension Credit (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/647), regs. 1, 3(4)