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

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This is the original version (as it was originally made).

Amendment of regulation 7

18.  In regulation 7 (date from which a decision superseded under section 10 takes effect)—

(a)in paragraph (1), for sub-paragraph (a)(1), substitute—

“(a)is, except for paragraphs (2)(b) and (29), subject to Schedules 3A and 3B; and”;

(b)in paragraph (2)(b), in heads (i) and (ii), for the words “or jobseeker’s allowance”, substitute “, jobseeker’s allowance or state pension credit”;

(c)in paragraph (3) at the end, add—

“or regulation 1(2) of the State Pension Credit Regulations.”;

(d)in paragraph (13) at the end of sub-paragraph (a) for the word “and”, substitute—

“or

(iii)paragraph 11 or 12 of Schedule II to the State Pension Credit Regulations; and”;

(e)after paragraph (17), insert—

“(17A) For the purposes of state pension credit—

(a)paragraph (14) shall apply as if the reference to—

(i)“income support and his applicable amount” was a reference to “state pension credit and his appropriate minimum guarantee”;

(ii)“Schedule 3 to the Income Support Regulations” was a reference to “Schedule II to the State Pension Credit Regulations”; and

(iii)“paragraph 15 or 16” was a reference to “paragraph 11 or 12”;

(b)paragraphs (15) to (17) shall not apply.”;

(f)after paragraph (28)(2), insert—

“(29) A decision to which regulation 6(2)(1) (state pension credit) refers shall take effect from the day following the day on which the assessed income period ends if that day is the first day of the claimant’s benefit week, but if it is not, from the next following such day.”.

(1)

Paragraph (1)(a) was amended by S.I. 1999/3178 and 2000/1596.

(2)

Paragraph (28) was inserted by S.I. 2002/490.

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