The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002

Claims for state pension credit

4.—(1) In regulation 4 (making a claim for benefit), at the end, insert—

“(10) This regulation shall not apply to a claim for state pension credit.”.

(2) In regulation 4B(1) (forwarding claims and information), in paragraph (1), in sub-paragraph (b), after the word “applies” insert “or for state pension credit”.

(3) After regulation 4C, insert—

“Making a claim for state pension credit

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 by telephone to, or in person at, an appropriate office or other office designated by the Secretary of State for accepting claims for state pension credit.

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

(a) a local authority administering housing benefit or council tax benefit;

(b) a person providing services to such an authority; or

(c) a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit.

(5) Any claim made in accordance with paragraph (4), together with any information and evidence supplied in connection with making the claim, shall be forwarded as soon as reasonably practicable to the Secretary of State by the person who received the claim.

(6) A claim for state pension credit made in person or by telephone 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.

(7) A married or unmarried couple 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 married or unmarried couple (“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 of the date the Secretary of State last 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 of his intention to claim state pension credit.

(12) Paragraph (11) does 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(2).

Making a claim before attaining the qualifying age

4E.— (1) A claim for state pension credit may be made, and any claim made may be determined, at any time within the advance period.

(2) The advance period begins on the date which falls 4 months before the day on which the claimant attains the qualifying age and ends on the day before he attains that age.

(3) A person who makes a claim within the advance period which is defective may correct the defect at any time before the end of the advance period.

Making a claim after attaining the qualifying age: date of claim

4F.— (1) This regulation applies in the case of a person who claims state pension credit on or after attaining the qualifying age.

(2) The date on which a claim is made shall, subject to paragraph (3), be—

(a) where the claim is made in writing and is not defective, the date on which the claim is first received—

(i) by the Secretary of State or the person acting on his behalf; or

(ii) in a case to which regulation 4D(4) relates, in the office of a person specified therein;

(b) where the claim is not made in writing but is otherwise made in accordance with regulation 4D(3) and is not defective, the date the claimant provides details of his circumstances by telephone to, or in person at, the appropriate office or other office designated by the Secretary of State to accept claims for state pension credit; or

(c) where a claim is initially defective but the defect is corrected under regulation 4D(11), the date the claim is treated as having been made under that regulation.

(3) If a claimant—

(a) informs an appropriate office of his intention to claim state pension credit; and

(b) subsequently makes the claim in accordance with regulation 4D within 1 month of complying with sub-paragraph (a), or within such longer period as the Secretary of State may allow,

the claim may, where in the circumstances of the particular case it is appropriate to do so, be treated as made on the day the claimant first informed the appropriate office of his intention to claim the credit.”.

(1)

Regulations 4A and 4B were inserted by S.I. 1999/3108 and regulation 4C by S.I. 2002/1789.

(2)

Section 7A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30), section 71.