The Social Security (Deferral of Retirement Pensions) Regulations 2005
| Year | 2005 |
2005 No. 453
SOCIAL SECURITY
The Social Security (Deferral of Retirement Pensions) Regulations 2005
Made 3rd March 2005
Laid before Parliament 10th March 2005
Coming into force 6th April 2005
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 54(1), 122(1) and 175(3) of, and paragraphs 2(2), 3(1), 3B(2) and (5)(b)(iii) and 7B(2) and (5)(b)(iii) of Schedule 5 to, the Social Security Contributions and Benefits Act 19921, and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of regulation 4 should not be referred to it2, the remainder of this Instrument containing only regulations made under provisions introduced by section 297 of, and Schedule 11 to, the Pensions Act 20043and being made before the end of the period of 6 months beginning with the coming into force of those provisions4, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (Deferral of Retirement Pensions) Regulations 2005 and shall come into force on 6th April 2005.
(2) In these Regulations—
“the Act” means the Social Security Contributions and Benefits Act 1992;
“retirement pension” means a Category A or Category B retirement pension.
Beginning of accrual period
2. For the purposes of paragraphs 3B and 7B of Schedule 5 to the Act (calculation of lump sum), the accrual period shall begin on the day of the week on which retirement pension would have been payable to a person in accordance with regulation 22(3) of, and paragraph 5 of Schedule 6 to, the Social Security (Claims and Payments) Regulations 19875, if his entitlement to a retirement pension had not been deferred.
Amount of retirement pension not included in the calculation of the lump sum
3.—(1) For the purposes of the calculation of the lump sum under paragraphs 3B and 7B of Schedule 5 to the Act, the amount of retirement pension to which the person (“the deferrer”) would have been entitled for the accrual period if his entitlement had not been deferred shall not include any such pension where, for the entire accrual period—
(a)
(a) the deferrer has received any of the following benefits—
(i) any benefit under Parts II and III of the Act other than child’s special allowance, attendance allowance, disability living allowance and guardian’s allowance;
(ii) any severe disablement allowance under sections 68 and 69 of the Act as in force before 6th April 20016;
(iii) any unemployability supplement within the extended meaning in regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 19797and including benefit corresponding to an unemployability supplement by virtue of regulations under paragraph 7(2) of Schedule 8 to the Act;
(b)
(b) an increase of any of the benefits specified in sub-paragraph (a) is being paid to a married man in respect of his wife where the wife is a deferrer whose period of deferment began before 6th April 2005 and who would have been entitled to a Category B retirement pension or to an increase under section 51A(2) of the Act8;
(c)
(c) an increase of any of the benefits specified in sub-paragraph (a) is being paid to any person in respect of a deferrer whose period of deferment began on or after 6th April 2005 except where that deferrer is neither married to, nor residing with, that person;
(d)
(d) the deferrer would have been disqualified for receiving retirement pension by reason of imprisonment or detention in legal custody.
(2) Where any of the benefits referred to in paragraph (1)(a) or an increase referred to in paragraph (1)(b) or (c) has been received for part only of an accrual period, the amount of retirement pension not included by paragraph (1) shall be reduced by ⅟7th for each day of the accrual period in respect of which the benefit or increase has not been received.
(3) Where the deferrer would have been disqualified for receiving retirement pension as specified in paragraph (1)(d) for part only of an accrual period, the amount of retirement pension not included by paragraph (1) shall be reduced by ⅟7th for each day of the accrual period for which he would not have been so disqualified.
(4) Subject to paragraph (5), where—
(a)
(a) a person has, in respect of any day in an accrual period, received one or more of the benefits referred to in paragraph (1)(a) or increases referred to in paragraph (1)(b) and (c) or both;
(b)
(b) the determining authority has determined that in respect of that day, he was not entitled to the benefit or increase; and
(c)
(c) the whole of the benefit or increase in respect of that day has been repaid or, as the case may be, recovered on or before the relevant date,
that day shall be treated as a day in respect of which he did not receive that benefit or increase or both.
(5) Where the benefit or increase in respect of a day to which paragraph (4)(a) and (b) applies is...
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