Office of Public Sector Information
(1) In this Act—
“the Administration Act” means the Social Security Administration Act 1992 (c. 5);
“assessed income period” shall be construed in accordance with sections 6 and 9;
“appropriate minimum guarantee” shall be construed in accordance with section 2(3);
“capital” shall be construed in accordance with section 15;
“claimant” means a claimant for state pension credit;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 (c. 4);
“earnings” has the same meaning as in Parts 1 to 5 of the Contributions and Benefits Act (see sections 3(1) and 112, and the definition of “employment” in section 122, of that Act);
“element”, in relation to the claimant’s retirement provision, shall be construed in accordance with section 7(6);
“entitled”, in relation to state pension credit, shall be construed in accordance with—
this Act,
section 1 of the Administration Act (entitlement to be dependent on making of claim etc), and
section 27 of the Social Security Act 1998 (c. 14) (restrictions on entitlement to benefit in certain cases of error),
(and, in relation to any other benefit within the meaning of section 1 of the Administration Act or section 27 of the Social Security Act 1998, in accordance with that section or (as the case may be) both of those sections in addition to any other conditions relating to that benefit);
“foreign social security benefit” means any benefit, allowance or other payment which is paid under the law of a country outside the United Kingdom and is in the nature of social security;
“foreign war disablement pension” means any retired pay, pension, allowance or similar payment granted by the government of a country outside the United Kingdom—
in respect of disablement arising from forces' service or war injury; or
corresponding in nature to any retired pay or pension to which subsection (1) of section 315 of the Income and Corporation Taxes Act 1988 (c. 1) applies;
“foreign war widow’s or widower’s pension” means any pension, allowance or similar payment granted to a widow or widower by the government of a country outside the United Kingdom—
in respect of a death due to forces' service or war injury; or
corresponding in nature to a pension or allowance for a widow or widower under any scheme mentioned in section 315(2)(e) of the Income and Corporation Taxes Act 1988;
“guarantee credit” shall be construed in accordance with sections 1 and 2;
“income” shall be construed in accordance with section 15;
“married couple” means a man and a woman who are married to each other and are members of the same household;
“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 (c. 48);
“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26) (equalisation of pensionable ages for men and women);
“personal pension scheme” means a personal pension scheme—
as defined in section 1 of the Pension Schemes Act 1993; or
as defined in section 1 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49);
“prescribed” means specified in, or determined in accordance with regulations;
“the qualifying age” has the meaning given by section 1(6);
“regulations” means regulations made by the Secretary of State;
“retirement pension income” shall be construed in accordance with section 16;
“retirement provision” shall be construed in accordance with section 7(6);
“savings credit” shall be construed in accordance with sections 1 and 3;
“social security benefits” means benefits payable under the enactments relating to social security in any part of the United Kingdom;
“standard minimum guarantee” shall be construed in accordance with section 2(3) to (5) and (9);
“unmarried couple” means a man and a woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;
“war disablement pension” means—
any retired pay, pension or allowance granted in respect of disablement under powers conferred by or under—
the Air Force (Constitution) Act 1917 (c. 51);
the Personal Injuries (Emergency Provisions) Act 1939 (c. 82);
the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 (c. 83);
the Polish Resettlement Act 1947 (c. 19); or
Part 7 or section 151 of the Reserve Forces Act 1980 (c. 9); or
without prejudice to paragraph (a), any retired pay or pension to which subsection (1) of section 315 of the Income and Corporation Taxes Act 1988 (c. 1) applies;
“war widow’s or widower’s pension” means—
any widow’s or widower’s pension or allowance granted in respect of a death due to service or war injury and payable by virtue of any enactment mentioned in paragraph (a) of the definition of “war disablement pension”; or
a pension or allowance for a widow or widower granted under any scheme mentioned in section 315(2)(e) of the Income and Corporation Taxes Act 1988;
“working tax credit” means a working tax credit under the Tax Credits Act 2002 to which a person is entitled whether alone or jointly with another.
(2) Regulations may make provision for the purposes of this Act—
(a) as to circumstances in which persons are to be treated as being or not being members of the same household;
(b) as to circumstances in which persons are to be treated as being or not being severely disabled.
(3) The following provisions of the Contributions and Benefits Act, namely—
(a) section 172 (references to Great Britain or United Kingdom to include reference to adjacent territorial waters etc), and
(b) section 173 (meaning of attaining an age etc),
shall apply for the purposes of this Act as they apply for the purposes of that Act.
In section 47(1) of the Pension Schemes Act 1993 (c. 48) (which limits the width of the reference in section 46(1) to a person entitled to a guaranteed minimum pension by virtue of being the widower of an earner)—
(a) after “an earner” insert “in any case where he is entitled to a benefit other than a widowed parent’s allowance”;
(b) for paragraph (a) substitute—
“(a) he is also entitled to a Category B retirement pension by virtue of the earner’s contributions (or would be so entitled but for section 43(1) of the Social Security Contributions and Benefits Act 1992); or”; and
(c) in paragraph (b), for “section 41(7)” substitute “section 41(5)” and for “the Social Security Contributions and Benefits Act 1992” substitute “that Act”.
(1) Subject to the following provisions of this section, subsections (1), (2) to (5) and (10) of section 175 of the Contributions and Benefits Act (regulations and orders etc) shall apply in relation to any power conferred on the Secretary of State by any provision of this Act to make regulations or an order as they apply in relation to any power conferred on him by that Act to make regulations or an order, but as if for references to that Act (other than references to specific provisions of it) there were substituted references to this Act.
(2) A statutory instrument containing (whether alone or with other provisions) the first regulations under—
(a) section 2(3)(b), (4) or (6),
(b) section 3(4), (5), (6), (7) or (8),
(c) section 4(3),
(d) section 12, or
(e) section 15(1)(e), (f) or (j), (2), (3), (4) or (6),
shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(3) A statutory instrument—
(a) which contains regulations under this Act (whether alone or with other provisions), and
(b) which is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) There shall be paid out of money provided by Parliament—
(a) any sums payable by way of state pension credit;
(b) any expenditure incurred by the Secretary of State or other government department under or by virtue of this Act; and
(c) any increase attributable to this Act in the sums payable out of money so provided under any other Act.
(2) There shall be paid into the Consolidated Fund any increase attributable to this Act in the sums which under any other Act are payable into that Fund.
The enactments specified in Schedule 3 to this Act are repealed to the extent there specified.
(1) This Act may be cited as the State Pension Credit Act 2002.
(2) This section and sections 19 and 20 come into force on the passing of this Act.
(3) Except as provided by subsection (2), this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different purposes.
(4) Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.
(5) Any amendment or repeal made by this Act has the same extent as the enactment to which it relates (unless otherwise provided).
(6) Subject to that, this Act extends to England and Wales and Scotland only.
State Pension Credit Act 2002