The Social Security (Deferral of Retirement Pensions) Regulations 2011
| Jurisdiction | England & Wales |
| Citation | SI 2011/634 |
| Year | 2011 |
2011 No. 634
Social Security
The Social Security (Deferral of Retirement Pensions) Regulations 2011
Made 3rd March 2011
Laid before Parliament 10th March 2011
Coming into force 6th April 2011
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 122(1) and 175(1) and (3) of, and paragraphs 2(2), 3B(5)(b)(iii) and 7B(5)(b)(iii) of Schedule 5 to, the Social Security Contributions and Benefits Act 19921.
The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it2.
Citation and commencement
1. These Regulations may be cited as the Social Security (Deferral of Retirement Pensions) Regulations 2011 and shall come into force on 6th April 2011.
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
2.—(1) Regulation 4 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (days to be treated as days of increment)3is amended as follows.
(2) In paragraph (1)(b)(iii) for “and” substitute “or”.
(3) After paragraph (1)(b)(iii) insert—
“(iv)
“(iv) state pension credit under section 1 of the State Pension Credit Act 20024; and”.
(4) At the end of paragraph (1)(d)(ii) insert—
“; and
(e)
(e) in the case of a person who was a member of a couple, the other member of the couple was not in receipt of—
(i) income support under section 124 of the Social Security Contributions and Benefits Act 19925;
(ii) income-based jobseeker’s allowance under section 1 of the Jobseekers Act 19956;
(iii) state pension credit under section 1 of the State Pension Credit Act 2002; or
(iv) income-related employment and support allowance under section 1 of the Welfare Reform Act 20077.”.
(5) After paragraph (4) insert—
“5 In paragraph (1), “couple” has the meaning given by section 137(1) of the Social Security Contributions and Benefits Act 19928.”.
(6) This regulation applies only in respect of a day falling on or after 6th April 2011.
Amendment of the Social Security (Deferral of Retirement Pensions) Regulations 2005
3.—(1) Regulation 3 of the Social Security (Deferral of Retirement Pensions) Regulations 2005 (amount of retirement pension not included in the calculation of the lump sum)9is amended as follows.
(2) After paragraph (1)(a)(iii) insert—
“(iv)
“(iv) state pension credit under section 1 of the State Pension Credit Act 2002;”.
(3) After paragraph (1)(a) insert—
“(aa)
“(aa) in the case of a deferrer who was a member of a couple, the other member of the couple was in receipt of—
(i) income support under section 124 of the Act;
(ii) income-based jobseeker’s allowance under section 1 of the Jobseekers Act 1995;
(iii) state pension credit under section 1 of the State Pension Credit Act 2002; or
(iv) income-related employment and support allowance under section 1 of the Welfare Reform Act 2007;”.
(4) In paragraphs (2) and (4), after “paragraph (1)(a)” insert “or (aa)”.
(5) After paragraph (5) insert—
“5A In paragraph (1), “couple” has the meaning given by section 137(1) of the Act.”.
(6) This regulation applies only in respect of an accrual period, or part of an accrual period, falling on or after 6th April 2011.
Steve Webb
Minister for Pensions,
Department for Work and Pensions
3rd March 2011
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 ( S.I. 1979/642) (the “1979 Regulations”) and the Social Security (Deferral of Retirement Pensions) Regulations 2005 (...
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