PART II E+W+S AMENDMENTS TO THE CLAIMS AND PAYMENTS REGULATIONS

PaymentE+W+S

9.  After regulation 26A M1 (jobseeker’s allowance), insert—

“ State pension credit

26B.—(1) Except where paragraph (2) applies, state pension credit shall be payable on Mondays, but subject, where state pension credit is payable in accordance with paragraph (3)(a), to the provisions of regulation 21 (direct credit transfer).

(2) State pension credit shall be payable—

(a)if retirement pension is payable to the claimant, on the same day as the retirement pension is payable; or

(b)on such other day of the week as the Secretary of State may, in the particular circumstances of the case, determine.

(3) Payment of state pension credit shall be made either—

(a)in accordance with regulation 21 (direct credit transfer); or

(b)by means of an instrument of payment or an instrument for benefit payment at such place as the Secretary of State, after enquiry of the claimant, may from time to time specify.

(4) State pension credit paid in accordance with paragraph (3)(b) shall be paid weekly in advance.

(5) Where the amount of state pension credit payable is less than £1.00 per week, the Secretary of State may direct that it shall be paid at such intervals, not exceeding 13 weeks, as may be specified in the direction.

(6) Where state pension credit is—

(a)paid by means of a book of serial orders; and

(b)increased or reduced by an amount which, when added to any previous such increase, is less than 50 pence per week,

the Secretary of State may defer payment of that increase or disregard the reduction until either—

(i)the termination of entitlement; or, if earlier,

(ii)the expiration of one week from the date specified for payment of the last order in that book.

(7) Where state pension credit is—

(a)paid by means of a book of serial orders; and

(b)the amount of state pension credit payable to a third party under Schedule 9 is increased so that the amount of the credit payable to the claimant is reduced by an amount which, with any previous reduction, is less than 50 pence per week,

the Secretary of State may make the payment to the third party and disregard the reduction in the claimant’s state pension credit for the remainder of the period to which the book relates.”.