The Social Security (Deferral of Retirement Pensions etc.) Regulations 2006

Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

6.  In regulation 5 of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988(1) (offsetting prior payment against subsequent award)—

(a) in paragraph (1)(2), for “and (2A)” substitute “, (2A) and (6)”; and

(b) after paragraph (5), add—

“(6) Subject to regulation 6, any sums under—

(a) Schedule 5 or 5A to the Contributions and Benefits Act (pension increases or lump sum where entitlement to retirement pension or shared additional pension is deferred); or

(b) Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (increases or lump sum where entitlement to graduated retirement benefit is deferred),

paid pursuant to a decision which is subsequently revised under section 9 of the Social Security Act 1998(3), superseded under section 10 of that Act or overturned on appeal, shall be offset against any sums due under the subsequent determination and, except to the extent that the sum exceeds the amount now due, shall be treated as properly paid on account of it.”.

(1)

S.I.1988/664. Regulation 5 was amended by S.I.1999/2571.

(2)

Paragraph (1) was amended by S.I. 1999/2571.

(3)

1998 c. 14.