The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/1551 |
2005 No. 1551
SOCIAL SECURITY
The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005
Made 9th June 2005
Laid before Parliament 15th June 2005
Coming into force in accordance with regulation 1(1)
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 54(1), 113(1), 122(1) and 175(3) of and paragraphs 1, 3 and 5 of Schedule 5A to the Social Security Contributions and Benefits Act 19921and section 1(1), 5(1)(a) to (c) and (g), 7(1), 71(6), 73(1), 189(1), (4) and (5) and 191 of the Social Security Administration Act 19922and after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it3, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005 and shall come into force—
(a)
(a) except for regulation 3 on 6th July 2005; and
(b)
(b) regulation 3 on 6th April 2006.
(2) In these Regulations—
“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 19874;
“shared additional pension” means a shared additional pension under section 55A of the Social Security Contributions and Benefits Act 19925.
Amendment of the Claims and Payments Regulations
2.—(1) The Claims and Payments Regulations are amended in accordance with the following paragraphs.
(2) In regulation 2 (interpretation)—
(a)
(a) in paragraph (1)—
(i) in the definition of “long term benefits”6after “retirement pension” insert “a shared additional pension,”; and
(ii) immediately before the definition of “state pension credit”7insert—
““shared additional pension” means a shared additional pension under section 55A of the Contributions and Benefits Act;” and
(b)
(b) in paragraph (2)(b)8after “Jobseekers Act” add “and a shared additional pension”.
(3) In regulation 3 (claims not required for entitlement to benefit in certain cases) after paragraph (h)9add the following paragraph—
“(i)
“(i) in the case of a shared additional pension where the beneficiary is in receipt of a retirement pension of any category.”.
(4) In regulation 4 (making a claim for benefit)—
(a)
(a) in paragraph (6A)10—
(i) in sub-paragraph (a)(ii) after “category” insert “or a shared additional pension”; and
(ii) in sub-paragraph (b) after “retirement pension” insert “or a shared additional pension”; and
(b)
(b) in paragraph (11)11after “graduated retirement benefit” insert “, a shared additional pension”.
(5) In regulation 13(3)12(advance claims and awards) after “or increase,” insert “a shared additional pension,”.
(6) In regulation 15(1) (advance notice of retirement and claim for and award of pension) after “increase in any such pension,” insert “or a shared additional pension,”.
(7) For regulation 15B13(advance claim for pension following deferment) substitute—
“Advance claim for pension following deferment
15B. Where a person’s entitlement to a Category A or Category B retirement pension or a shared additional pension is deferred in accordance with section 55(3) of the Contributions and Benefits Act14(pension increase or lump sum where entitlement to retirement pension is deferred) or section 55C(3) (pension increase or lump sum where entitlement to shared additional pension is deferred) thereof (as the case may be) a claim for—
(a) a Category A or Category B retirement pension;
(b) any increase in that pension; and
(c) a shared additional pension,
may be made at any time not more than 4 months before the date on which the period of deferment, within the meaning of section 55(3) or section 55C(3) (as the case may be), ends.”.
(8) In Schedule 1, Part 1 (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative) where “a retirement pension of any category” appears the second time in column (1) (benefit claimed), in the corresponding paragraph in column (2)15(alternative benefit) after “any other category” insert “, a shared additional pension”.
(9) In Schedule 6 (days for payment of long term benefits) immediately before paragraph 6 insert—
“Shared additional pension
5A Shared additional pension shall be payable on Mondays, except that—
(a) where a retirement pension is payable to the claimant, it shall be payable on the same day as the retirement pension; or
(b) the Secretary of State may, notwithstanding the provisions of sub-paragraph (a), arrange for a shared additional pension to be payable on such other day of the week as he may, in the circumstances of any particular case, determine.”.
Further amendment of the Claims and Payments Regulations
3.—(1) In regulation 30 of the Claims and Payments Regulations (payments on death)—
(a)
(a) for paragraph (5B)16substitute—
“5B Where a claim is made for a shared additional pension under paragraph (5) or for a retirement pension or graduated retirement benefit under paragraphs (5) and (5A), in determining, for the purposes of those paragraphs, the pension or benefit to which the deceased would have been entitled if he had claimed within the prescribed time, the prescribed time shall be the period of 3 months ending on the date of his death and beginning with any day on which, apart from satisfying the condition of making a claim, he would have been entitled to the pension or benefit.”;
(b)
(b) in paragraph (5C)—
(i) after “Category B retirement pension” insert “, a shared additional pension”;
(ii) in sub-paragraph (a) omit “or”; and
(iii) after sub-paragraph (a) insert—
“(aa)
“(aa) section 55C thereof (pension increase or lump sum where entitlement to shared additional pension is deferred); or”.
(c)
(c) in paragraph (5D)—
(i) after “under” insert “paragraph (5) or under”;
(ii) in sub-paragraph (a) omit “or”; and
(iii) after sub-paragraph (a) insert—
“(aa)
“(aa) paragraph 1(1)(a) of Schedule 5A thereto (electing to have an increase of a shared additional pension), where paragraph 5C(aa) applies; or”.
(2) In Schedule 4 (prescribed times for claiming benefit), after paragraph 1417, in column (1) (description of benefit) and in the corresponding part of column (2) (prescribed time for claiming benefit) add the following paragraph—
“Shared additional pension
15 As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.”.
Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975
4.—(1) The Social Security Benefit (Persons Abroad) Regulations 197518are amended in accordance with the following paragraphs.
(2) In regulation 1(2) (citation, commencement and interpretation) immediately before the definition of “the Special Provisions Regulations” insert—
““shared additional pension” means a shared additional pension under section 55A of the Contributions and Benefits Act;”.
(3) In regulation 4(1)19(modification of the Act etc.) after “retirement pension of any category” insert “, a shared additional pension”.
(4) In regulation 5(3)(c)20(application of disqualification in respect of up-rating of benefit)—
(a)
(a) after “retirement pension of any category” insert “, any additional shared additional pension”; and
(b)
(b) after “entitled to a retirement pension” insert “, a shared additional pension”.
Amendment of the Social Security (Overlapping Benefits) Regulations 1979
5. In regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 197921(interpretation)—
(a) in the definition of “personal benefit” after “pension or allowance” insert “, except a shared additional pension,”; and
(b) immediately before the definition of “training allowance” insert—
““shared additional pension” means a shared additional pension under section 55A of the Contributions and Benefits Act;”.
Amendment of the Social Security...
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