SCHEDULES
Schedule 2Minor and consequential amendments
Part 3Amendments of other Acts
F225Magistrates’ Courts Act 1980
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1I2326Transport Act 1982
In section 70(2) of the Transport Act 1982 (c. 49) (payments by Secretary of State in respect of applicants for medical exemption from wearing seat belts) after paragraph (b), insert—
bb
those in receipt of guarantee state pension credit (under section 1(3)(a) of the State Pension Credit Act 2002) and those persons who (within the meaning of that Act) are members of a married or unmarried couple the other member of which is in receipt of guarantee state pension credit;
I2I2427Abolition of Domestic Rates Etc. (Scotland) Act 1987
Paragraph 7A of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47) (recovery of outstanding community charge by deduction from income support) shall, so far as it continues to have effect by virtue of Article 2 of the Local Government Finance Act 1992 (Recovery of Community Charge) Saving Order 1993 (S.I. 1993/1780), apply as if there were inserted at the end—
4
This paragraph applies to state pension credit as it applies to income support.
F128
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3I2529Local Government Finance Act 1988
Paragraph 6 of Schedule 4 to the Local Government Finance Act 1988 (c. 41) (recovery of outstanding community charge by deduction from income support) shall, so far as it continues to have effect by virtue of Article 2 of the Local Government Finance Act 1992 (Recovery of Community Charge) Saving Order 1993, apply as if there were inserted at the end—
4
This paragraph applies to state pension credit as it applies to income support.
I4I2630Children Act 1989
In section 29 of the Children Act 1989 (c. 41) (recoupment of cost of providing day care and other services) after subsection (3A) (no charge for certain services if receiving income support or income-based jobseeker’s allowance) insert—
3B
No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when—
a
he is in receipt of guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act 2002, or
b
he is a member of a married or unmarried couple (within the meaning of that Act) the other member of which is in receipt of guarantee state pension credit.
I5I2731Criminal Justice Act 1991
In section 24 of the Criminal Justice Act 1991 (c. 53) (recovery of fines by deduction from income support and jobseeker’s allowance)—
a
in subsection (1), for “or a jobseeker’s allowance” substitute “
, a jobseeker’s allowance or state pension credit
”
, and
b
in subsection (2)(d) for “or a jobseeker’s allowance” substitute “
, a jobseeker’s allowance or state pension credit
”
.
I6I2832Local Government Finance Act 1992
The Local Government Finance Act 1992 (c. 14) is amended as follows.
I7I2933
1
Paragraph 6 of Schedule 4 (deductions from income support and jobseeker’s allowance in respect of unpaid council tax) is amended as follows.
2
In sub-paragraph (1) for “or a jobseeker’s allowance” substitute “
, a jobseeker’s allowance or state pension credit
”
.
3
In sub-paragraph (2)(b) for “or a jobseeker’s allowance” substitute “
, a jobseeker’s allowance or state pension credit
”
.
I8I3034
In paragraph 12(1) of that Schedule (relationship between remedies available)—
a
after sub-paragraph (b) insert—
bb
deductions from state pension credit may be resorted to more than once;
and
b
in sub-paragraph (d), after “deductions from income support” insert “
, deductions from state pension credit
”
.
I9I3135
1
Paragraph 6 of Schedule 8 (enforcement in Scotland) is amended as follows.
2
In sub-paragraph (1), for “or a jobseeker’s allowance” substitute “
, a jobseeker’s allowance or state pension credit
”
.
3
In sub-paragraph (2)(b), for “or a jobseeker’s allowance” substitute “
, a jobseeker’s allowance or state pension credit
”
.
I10I3236Jobseekers Act 1995
F5The Jobseekers Act 1995 (c. 18) is amended as follows.
I11I33F637
F5In section 3 (the income-based conditions) in subsection (1)—
a
in paragraph (b)
(claimant must not be entitled to income support) after “income support” insert “
or state pension credit
”; and
b
after paragraph (d) insert—
dd
is not a member of a married or unmarried couple the other member of which is entitled to state pension credit;
I12I34F638
F5In section 3A (conditions for claims by joint-claim couples) in subsection (1), after paragraph (c) insert—
cc
that neither member of the couple is entitled to state pension credit;
I13I3539Pensions Act 1995
In Schedule 4 to the Pensions Act 1995 (c. 26)
(equalisation of pension ages for men and women) in paragraph 1 (Acts to which the rules for determining pensionable age apply) for “and the Pension Schemes Act 1993” substitute “
, the Pension Schemes Act 1993 (c. 48) and the State Pension Credit Act 2002
”
.
I14I3640Social Security Act 1998
The Social Security Act 1998 (c. 14) is amended as follows.
I15I3741
In section 34 (determination by local authorities of claims for housing benefit and council tax benefit) in subsection (3)
(regulations giving priority to persons who have been entitled to jobseeker’s allowance or income support) after “or to income support” insert “
or state pension credit
”
.
F342Immigration and Asylum Act 1999
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I16I3843Local Government Act 2000
In section 94 of the Local Government Act 2000 (c. 22)
(disclosure of information) in subsection (1)
(information relating to income support and income-based jobseeker’s allowance) for “or income-based jobseeker’s allowance” substitute “
, income-based jobseeker’s allowance or state pension credit
”
.
I17I3944Social Security Fraud Act 2001
The Social Security Fraud Act 2001 (c. 11) is amended as follows.
I18I4045
1
Section 7 (loss of benefit for commission of benefit offences) is amended as follows.
2
After subsection (4) (cases where sanctionable benefit is jobseeker’s allowance) insert—
4A
The Secretary of State may by regulations provide that, where the sanctionable benefit is state pension credit, the benefit shall be payable in the offender’s case for any period comprised in the disqualification period as if the rate of the benefit were reduced in such manner as may be prescribed.
F43
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I19I4146
1
Section 9 (effect of offence on benefits for members of offender’s family) is amended as follows.
2
In subsection (1) (benefits to which section applies) after paragraph (b) insert—
bb
state pension credit;
3
After subsection (4) (reduction of jobseeker’s allowance) insert—
4A
In relation to cases in which the benefit is state pension credit, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender’s family member, the benefit shall be payable for the whole or any part of any period comprised in the relevant period as if the rate of the benefit were reduced in such manner as may be prescribed.
I20I4247
In section 10 (power to supplement and mitigate loss of benefit provisions) in subsection (3), after paragraph (b) insert—
bb
any benefit under the State Pension Credit Act 2002 or under any provision having effect in Northern Ireland corresponding to that Act; or
I21I4348
In section 11(3) (loss of benefit regulations: draft regulations requiring approval by resolution of each House of Parliament) in paragraph (c)—
a
after “section 7(4)” insert “
, (4A)
”
, and
b
after “or 9(4)” insert “
, (4A)
”
.
I22I4449
In section 13 (interpretation) insert the following definition at the appropriate place—
“state pension credit” means state pension credit under the State Pension Credit Act 2002;