The Social Security (Deferral of Retirement Pensions) Regulations 2005
| Jurisdiction | UK Non-devolved |
(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—(1) This regulation applies for the purposes of paragraphs 3B and 7B of Schedule 5 and paragraph 5 of Schedule 5A to the Act (calculation of lump sum) .(2) In the case of a retirement pension or shared additional pension to which regulation 22 (long term benefits) of the Social Security (Claims and Payments) Regulations 1987 (“the 1987 Regulations”) applies, the accrual period shall begin with the day of the week on which benefit would have been payable had entitlement not been deferred.(3) In the case of a retirement pension to which regulation 22C (retirement pension for persons reaching pensionable age on or after 6th April 2010) of the 1987 Regulations applies, the accrual period shall begin with the first day of the benefit week in relation to which benefit would have been payable had entitlement not been deferred.(4) In this regulation, “benefit week” has the same meaning as in regulation 22D (payment of retirement pension at a daily rate) of the 1987 Regulations.any benefit under Parts II and III of the Act other than child's special allowance, attendance allowance, disability living allowanceF11, a shared additional pension and guardian's allowance;any severe disablement allowance under sections 68 and 69 of the Act as in force before 6th April 2001 ; any unemployability supplement within the extended meaning in regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1979 and including benefit corresponding to an unemployability supplement by virtue of regulations under paragraph 7(2) of Schedule 8 to the Act; state pension credit under section 1 of the State Pension Credit Act 2002;income support under section 124 of the Act;income-based jobseeker’s allowance under section 1 of the Jobseekers Act 1995;income-related employment and support allowance under section 1 of the Welfare Reform Act 2007;F22 or universal credit under Part 1 of the Welfare Reform Act 2012;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 Act ; 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 F15or in a civil partnership with, nor residing with, that person;the deferrer would have been disqualified for receiving retirement pension by reason of imprisonment or detention in legal custody.(1A) For the purposes of the calculation of the lump sum under paragraph 5 of Schedule 5A to the Act, the amount of a shared additional pension to which a 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, the deferrer would have been disqualified for receiving shared additional pension by reason of imprisonment or detention in legal custody.(2) Where any of the benefits referred to in paragraph (1) (a) F19or (aa) 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 7th 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) F13or a shared additional pension as specified in paragraph (1A) for part only of an accrual period, the amount of retirement pension not included by paragraph (1) F14or a shared additional pension not included by paragraph (1A) shall be reduced by 7th for each day of the accrual period for which he would not have been so disqualified.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) F20or (aa) or increases referred to in paragraph (1) (b) and (c) or both;the determining authority has determined that in respect of that day, he was not entitled to the benefit or increase; andthe whole of the benefit or increase in respect of
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