The Social Security (Deferral of Retirement Pensions etc.) Regulations 2006

• Citation: S.I. 2006/516
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Social Security (Deferral of Retirement Pensions etc.) Regulations 2006 and shall come into force on 6 th April 2006.

Section 2 Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979

For regulation 4(1)(b)(ii) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (days to be treated as days of increment), substitute—

(ii) graduated retirement benefit where that person’s period of deferment ended on or before 5 th April 2006; or

(iii) an unemployability supplement; and

Section 3 Amendment of the Social Security (Retirement Pensions etc.) (Transitional Provisions) Regulations 2005

In the modification made by regulation 2(4)(a) of the Social Security (Retirement Pensions etc.) (Transitional Provisions) Regulations 2005 (modification of Schedule 5 to the Act), after the words “retirement pension” insert “(excluding any increase under section 83, 84 or 85)”.

Section 4 Amendment of the Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations 2005

In regulation 5(2)(b) of the Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations 2005 (change of election), for “regulation 30(5D) or (5F)” substitute “regulation 30(5E) or (5G)”.

Section 5 Amendment of the Social Security (Graduated Retirement Benefit) Regulations 2005

In paragraph 20D(2)(b) of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (change of election), for “regulation 30(5D) or (5F)” substitute “regulation 30(5E) or (5G)”.

Section 6 Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

In regulation 5 of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 (offsetting prior payment against subsequent award)—

(a) in paragraph (1) , for “and (2A)” substitute “, (2A) and (6)”; and

(b) after paragraph (5), add—

(6) Subject to regulation 6, any sums under—

(a) Schedule 5 or 5A to the Contributions and Benefits Act (pension increases or lump sum where entitlement to retirement pension or shared additional pension is deferred); or

(b) Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (increases or lump sum where entitlement to graduated retirement benefit is deferred),

paid pursuant to a decision which is subsequently revised under section 9 of the Social Security Act 1998 , superseded under section 10 of that Act or overturned on appeal, shall be offset against any sums due under the subsequent determination and, except to the extent that the sum exceeds the amount now due, shall be treated as properly paid on account of it.