Retirement provisionE+W+S

6 Duty to specify assessed income period [F1for pre-6 April 2016 awards] E+W+S

(1)In any case falling within subsection (3) or (4) [F2where the relevant decision takes effect before 6 April 2016], the Secretary of State shall, on the making of the relevant decision, specify a period as the assessed income period, unless prevented by subsection (2).

(2)The Secretary of State is prevented from specifying a period as the assessed income period under subsection (1)—

(a)if the relevant decision takes effect at a time when an assessed income period is in force in the case of the claimant by virtue of a previous application of this section; or

(b)in such other circumstances as may be prescribed.

(3)The first case is where—

(a)the Secretary of State determines the amount of a claimant’s income for the purposes of a decision relating to state pension credit;

(b)the decision is a decision under section 8(1), 9 or 10 of the Social Security Act 1998 (c. 14) (decisions on claims etc, and decisions revising or superseding decisions);

(c)the decision takes effect on or after—

(i)the day on which the claimant attains the age of 65; or

(ii)if earlier, in a case where the claimant is a member of a [F3couple] , the day on which the other member of the couple attains that age; and

(d)the decision is not to the effect that the claimant is not entitled to state pension credit.

(4)The second case is where—

(a)the amount of the claimant’s income is determined on, or for the purposes of, an appeal against a decision that the claimant is not entitled to state pension credit;

(b)on the appeal, it is decided that the claimant is entitled to state pension credit; and

(c)the decision takes effect as mentioned in subsection (3)(c).

(5)In this section “the relevant decision” means—

(a)so far as relating to the first case, the decision mentioned in subsection (3)(a);

(b)so far as relating to the second case, the decision on appeal mentioned in subsection (4)(b).

(6)This section is subject to section 9.

(7)This section and sections 7 to 10 shall be construed as one.