The Social Security (Retirement Pensions) Amendment Regulations 2004

• Citation: S.I. 2004/2283
• Sections: 3

Section 1 Citation and commencement

These Regulations may be cited as the Social Security (Retirement Pensions) Amendment Regulations 2004 and shall come into force on 27th September 2004.

Section 2 Amendment of the Social Security (Claims and Payments) Regulations 1987

In the Social Security (Claims and Payments) Regulations 1987 , in regulations 6 (date of claim), after paragraph (30) add—

(31) Subject to paragraph (32), where—

(a) a person—

(i) has attained pensionable age, but for the time being makes no claim for a Category A retirement pension; or

(ii) has attained pensionable age and has a spouse who has attained pensionable age, but for the time being makes no claim for a Category B retirement pension;

(b) in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001 , (Class 3 contributions: tax years 1996-97 to 2001-02) the Commissioners of Inland Revenue subsequently accept Class 3 contributions paid after the due date by the person or, in the case of a Category B retirement pension, the spouse;

(c) in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 the contributions are treated as paid on a date earlier than the date on which they were paid; and

(d) the person claims a Category A or, as the case may be, a Category B retirement pension,

the claim shall be treated as made on—

(i) 1 st October 1998; or

(ii) the date on which the person attained pensionable age in the case of a Category A retirement pension, or, in the case of a Category B retirement pension, the date on which the person’s spouse attained pensionable age,

whichever is later.

(32) Paragraph (31) shall not apply where—

(a) the person’s entitlement to a Category A or B retirement pension has been deferred by virtue of section 55(2)(a) of the Contributions and Benefits Act (increase of retirement pension where entitlement is deferred); or

(b) the person’s nominal entitlement to a Category A or B retirement pension is deferred in pursuance of section 36(4) and (7) of the National Insurance Act 1965 (increase of graduated retirement benefit where entitlement is deferred),

nor where sub-paragraph (a) and (b) both apply.

Section 3 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

In the Social Security and Child Support (Decisions and Appeals) Regulations 1999 , regulation 5 (date from which a decision revised under section 9 takes effect) shall be renumbered paragraph (1) of regulation 5 and after paragraph (1) add—

(2) Where—

(a) a person attains pensionable age, claims a retirement pension after the prescribed time for claiming and the Secretary of State decides (“the original decision”) that he is not entitled because—

(i) in the case of a Category A retirement pension, the person has not satisfied the contribution conditions; or

(ii) in the case of a Category B retirement pension, the person’s spouse has not satisfied the contribution conditions;

(b) in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001 (Class 3 contributions: tax years 1996-97 to 2001-02) the Board subsequently accepts Class 3 contributions paid after the due date by the claimant or, as the case may be, the spouse;

(c) in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 the contributions are treated as paid on a date earlier than the date on which they were paid; and

(d) the Secretary of State revises the original decision in accordance with regulation 11A(4)(a),

the revised decision shall take effect from—

(i) 1 st October 1998; or

(ii) the date on which the claimant attained pensionable age in the case of a Category A pension, or, in the case of a Category B pension, the date on which the claimant’s spouse attained pensionable age,

whichever is later.