The Social Security (Exemption from Claiming Retirement Pension) Regulations 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/1794 |
| Year | 2010 |
2010 No. 1794
Social Security
The Social Security (Exemption from Claiming Retirement Pension) Regulations 2010
Made 12th July 2010
Laid before Parliament 15th July 2010
Coming into force 2nd November 2010
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 1(1), 189(1) and (4) to (6) and 191 of the Social Security Administration Act 19921.
In accordance with section 173(1)(b) of that Act, the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it.
Citation and commencement
1. These Regulations may be cited as the Social Security (Exemption from Claiming Retirement Pension) Regulations 2010 and come into force on 2nd November 2010.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2.—(1) The Social Security (Claims and Payments) Regulations 19872are amended as follows.
(2) In regulation 3 (claims not required for entitlement to benefit in certain cases)3, before paragraph (a) insert—
“(za)
“(za) in the case of a Category A or B retirement pension, where the beneficiary is a person to whom regulation 3A applies;”.
(3) After regulation 3 insert—
“Notification that claim not required for entitlement to a Category A or B retirement pension
3A.—(1) Subject to paragraph (4), this regulation applies to a beneficiary who has received, on or before the day provided for in paragraph (2), a written notification from the Secretary of State that no claim is required for a Category A or B retirement pension.
(2) The day referred to in paragraph (1) is—
(a)
(a) the day which falls 2 weeks before the day on which the beneficiary reaches pensionable age; or
(b)
(b) such later day as the Secretary of State may consider reasonable in any particular case or class of case.
(3) The Secretary of State may give a notification under paragraph (1) only in a case where, on the day which falls 8 weeks before the day on which the beneficiary reaches pensionable age, the beneficiary—
(a)
(a) is in receipt of an exempt benefit, or would be in receipt of it but for that benefit not being payable as a result of the application of any of the legislation listed in paragraph (7); and
(b)
(b) is neither entitled to, nor awaiting the determination of a claim for, a non-exempt benefit.
(4) Receipt of a written notification under paragraph (1) does not affect the requirement that a beneficiary who—
(a)
(a) before reaching pensionable age, informs the Secretary of State that they want their entitlement to a Category A or B retirement pension to be deferred in accordance with section 55(3)(a) of the Contributions and Benefits Act4; or
(b)
(b) after reaching pensionable age, elects to be treated as not having become entitled to either a Category A or B retirement pension in accordance with regulation 2 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 19795,
must make a claim in order subsequently to be entitled to a Category A or B retirement pension.
(5) For the purposes of paragraph (3)(a), a beneficiary who is in receipt of an exempt benefit includes a beneficiary who—
(a)
(a) has been awarded such a benefit on or before the day which falls 8 weeks before the day on which the beneficiary reaches pensionable age; and
(b)
(b) has not yet received the first payment of that benefit.
(6) For the purposes of this regulation—
“exempt benefit” means any of the following—
(a) an employment and support allowance;
(b) income support;
(c) a jobseeker’s allowance;
(d) long-term incapacity benefit;
(e) state pension credit; and
“non-exempt benefit” means any of the following—
(a) carer’s allowance;
(b) short-term incapacity benefit;
(c) severe disablement allowance;
(d) widowed mother’s allowance;
(e) widow’s pension.
(7) The legislation referred to in paragraph (3)(a) is—
(a)
(a) section 19 of the Jobseekers Act6(circumstances in which a jobseeker’s allowance is not payable);
(b)
(b) section 20A of that Act7(denial or reduction of joint-claim jobseeker’s allowance);
(c)
(c)...
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