The State Pension Credit (Amendment) Regulations 2015 No. 1529


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Statutory Instruments

2015 No. 1529

Social Security

The State Pension Credit (Amendment) Regulations 2015

Made

13th July 2015

Laid before Parliament

20th July 2015

Coming into force

6th April 2016

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 175(3) of the Social Security Contributions and Benefits Act 1992(1), sections 3ZA, 9(5) and 17(1) of the State Pension Credit Act 2002(2) and section 28(3) of the Pensions Act 2014(3).

The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it(4).

Citation and commencement

1.  These Regulations may be cited as the State Pension Credit (Amendment) Regulations 2015 and come into force on 6th April 2016.

Amendment of the State Pension Credit Regulations 2002

2.-(1) The State Pension Credit Regulations 2002(5) are amended as follows.

(2) After regulation 7(savings credit), insert-

"Limitation of savings credit for certain mixed-age couples

7A.  A person who is a member of a mixed-age couple, is not entitled to a savings credit unless one of the members of the couple-

(a)has been awarded a savings credit with effect from a day before 6th April 2016 and was entitled to a savings credit immediately before 6th April 2016, and

(b)remained entitled to a savings credit at all times since the beginning of 6th April 2016. ".

(3) In regulation 12 (end of assessed income period)-

(a)omit "at such time as";

(b)at the start of sub-paragraphs (a), (b) and (c), insert "at such time as";

(c)at the end of sub-paragraph (c), add-

";

(d)if, apart from this sub-paragraph, it would have ended on a date falling within the period specified in column 1 of the table in Schedule IIIA, on the corresponding date shown against that period in column 2 of that table".

(4) After Schedule III (special groups), insert-

Regulation 12

"SCHEDULE IIIADate on which certain fixed length assessed income periods end

Table

Column 1

Period in which the assessed income period

would end apart from regulation 12(d)

Column 2

Date on which assessed income period is to end

1st April 2019 to 14th April 201914th July 2016
15th April 2019 to 30th April 201928th July 2016
1st May 2019 to 14th May 201914th August 2016
15th May 2019 to 31st May 201928th August 2016
1st June 2019 to 14th June 201914th October 2016
15th June 2019 to 30th June 201928th October 2016
1st July 2019 to 14th July 201914th November 2016
15th July 2019 to 31st July 201928th November 2016
1st August 2019 to 14th August 201914th December 2016
15th August 2019 to 31st August 201928th December 2016
1st September 2019 to 14th September 201914th February 2017
15th September 2019 to 30th September 201928th February 2017
1st October 2019 to 14th October 201914th March 2017
15th October 2019 to 31st October 201928th March 2017
1st November 2019 to 14th November 201914th April 2017
15th November 2019 to 30th November 201928th April 2017
1st December 2019 to 14th December 201914th June 2017
15th December 2019 to 31st December 201928th June 2017
1st January 2020 to 14th January 202014th July 2017
15th January 2020 to 31st January 202028th July 2017
1st February 2020 to 14th February 202014th September 2017
15th February 2020 to 29th February 202028th September 2017
1st March 2020 to 14th March 202014th October 2017
15th March 2020 to 31st March 202028th October 2017
1st April 2020 to 14th April 202014th December 2017
15th April 2020 to 30th April 202028th December 2017
1st May 2020 to 14th May 202014th January 2018
15th May 2020 to 31st May 202028th January 2018
1st June 2020 to 14th June 202014th March 2018
15th June 2020 to 30th June 202028th March 2018
1st July 2020 to 14th July 202014th April 2018
15th July 2020 to 31st July 202028th April 2018
1st August 2020 to 14th August 202014th June 2018
15th August 2020 to 31st August 202028th June 2018
1st September 2020 to 14th September 202014th July 2018
15th September 2020 to 30th September 202028th July 2018
1st October 2020 to 14th October 202014th August 2018
15th October 2020 to 31st October 202028th August 2018
1st November 2020 to 14th November 202014th October 2018
15th November 2020 to 30th November 202028th October 2018
1st December 2020 to 14th December 202014th November 2018
15th December 2020 to 31st December 202028th November 2018
1st January 2021 to 14th January 202114th January 2019
15th January 2021 to 31st January 202128th January 2019
1st February 2021 to 14th February 202114th February 2019
15th February 2021 to 28th February 202128th February 2019
1st March 2021 to 14th March 202114th March 2019
15th March 2021 to 5th April 202128th March 2019"

Signed by authority of the Secretary of State for Work and Pensions

Altmann

Minister of State,

Department for Work and Pensions

13th July 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the State Pension Credit Regulations 2002 (S.I. 2002/1792) ("the 2002 Regulations") so as to limit savings credit for certain mixed-age couples and to bring forward the date on which certain assessed income periods end.

Under section 3 of the State Pension Credit Act 2002 (c.16) the savings credit element of state pension credit is only payable to those who have reached pensionable age before 6th April 2016. A person may still qualify if they are a member of a mixed-age couple where the other member reached pensionable age before that date.

Regulation 2(2) inserts new regulation 7A into the 2002 Regulations so that in the case of a person who is a member of a mixed-age couple, entitlement is restricted to where one of the members of the couple was entitled to a savings credit before 6th April 2016 and has remained entitled to it at all times since that date.

Regulation 2(3) amends regulation 12 of the 2002 Regulations to provide that certain assessed income periods will end on the dates set out in column 2 of new Schedule IIIA to the 2002 Regulations; that Schedule is inserted by regulation 2(4) of these Regulations.

An impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations. A summary of the contents of the assessment made for the Pensions Act 2014 is published on www.gov.uk.

(1)

1992 c.4. Section 175(3) is applied to provisions of the State Pension Credit Act 2002 (c.16) by section 19(1) of that Act.

(2)

2002 c.16. Section 3ZA was inserted by paragraph 90 of Schedule 12 to the Pensions Act 2014 (c.19). Section 17(1) is cited for the meaning ascribed to the words "prescribed" and "regulations".

(4)

See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c.5); paragraph 20 of Schedule 2 to the State Pension Credit Act 2002 added that Act to the list of "relevant enactments" in respect of which regulations must normally be referred to the Committee.

(5)

S.I. 2002/1792; relevant amending instrument is S.I. 2005/2687.


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