The Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations (Northern Ireland) 2006

PART 5 DECISIONS

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

9.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) shall be amended in accordance with paragraphs (2) to (6).

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “the date of notification” there shall be inserted the following definition—

““the Deferral of Retirement Pensions etc. Regulations” means the Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations (Northern Ireland) 2006;”; and

(b) after the definition of “financially qualified panel member” there shall be inserted the following definition—

““the Graduated Retirement Benefit Regulations” means the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005;”.

(3) In regulation 3 (revision of decisions), after paragraph (7C)(2) there shall be inserted the following paragraphs—

“(7D) Where—

(a) a person elects for an increase of—

(i) a Category A or Category B retirement pension in accordance with paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred),

(ii) a shared additional pension in accordance with paragraph 1 of Schedule 5A to that Act (pension increase or lump sum where entitlement to shared additional pension is deferred), or

(iii) graduated retirement benefit in accordance with paragraph 12 or 17 of Schedule 1 to the Graduated Retirement Benefit Regulations (further provisions replacing section 35(4) of the 1966 Act: increases of graduated retirement benefit and lump sums);

(b) the Department decides that the person or his partner is entitled to state pension credit and takes into account the increase of pension or benefit in making or superseding that decision; and

(c) the person’s election for an increase is subsequently changed in favour of a lump sum in accordance with regulation 5 of the Deferral of Retirement Pensions etc. Regulations or paragraph 20F of Schedule 1 to the Graduated Retirement Benefit Regulations,

the Department may revise the state pension credit decision.

(7E) Where—

(a) a person is awarded a Category A or Category B retirement pension, shared additional pension or graduated retirement benefit;

(b) an election is made, or treated as made, in respect of the award in accordance with paragraph A1 or 3C of Schedule 5 or paragraph 1 of Schedule 5A to the Contributions and Benefits Act or in accordance with paragraph 12 or 17 of Schedule 1 to the Graduated Retirement Benefit Regulations; and

(c) the election is subsequently changed in accordance with regulation 5 of the Deferral of Retirement Pensions etc. Regulations or paragraph 20F of Schedule 1 to the Graduated Retirement Benefit Regulations,

the Department may revise the award.”.

(4) In regulation 6(2) (supersession of decisions), after sub-paragraph (m)(3) there shall be added the following sub-paragraph—

“(n) is a decision that a person is entitled to state pension credit and—

(i) the person or his partner makes, or is treated as having made, an election for a lump sum in accordance with—

(aa) paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act,

(bb) paragraph 1 of Schedule 5A to that Act, or

(cc) paragraph 12 or 17 of Schedule 1 to the Graduated Retirement Benefit Regulations, or

(ii) such a lump sum is repaid in consequence of an application to change an election for a lump sum in accordance with regulation 5 of the Deferral of Retirement Pensions etc. Regulations or paragraph 20F of Schedule 1 to the Graduated Retirement Benefit Regulations.”.

(5) In regulation 7 (date from which a decision superseded under Article 11 takes effect), after paragraph (7) there shall be inserted the following paragraph—

“(7A) Where a decision is superseded in accordance with regulation 6(2)(n), the superseding decision shall take effect from the day on which a lump sum, or a payment on account of a lump sum, is paid or repaid if that day is the first day of the benefit week but, if it is not, from the next following such day.”.

(6) After regulation 13 there shall be inserted the following regulation—

“Retirement pension after period of deferment

13A.— (1) This regulation applies where—

(a) a person claims a Category A or Category B retirement pension, shared additional pension or graduated retirement benefit;

(b) an election is required by—

(i) paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act,

(ii) paragraph 1 of Schedule 5A to that Act, or

(iii) paragraph 12 or 17 of Schedule 1 to the Graduated Retirement Benefit Regulations; and

(c) no election is made when the claim is made.

(2) In the circumstances specified in paragraph (1) the Department may decide the claim before any election is made, or is treated as made, for an increase or lump sum.

(3) Where an election is made, or is treated as made, the Department shall revise the decision made in pursuance of paragraph (2).”.

Amendment of the Housing Benefit (Decisions and Appeals) Regulations

10.—(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(4) shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 4 (revision of decisions), after paragraph (6C)(5) there shall be inserted the following paragraph—

“(6D) Where—

(a) a person elects for an increase of—

(i) a Category A or Category B retirement pension in accordance with paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred),

(ii) a shared additional pension in accordance with paragraph 1 of Schedule 5A to that Act (pension increase or lump sum where entitlement to shared additional pension is deferred), or

(iii) graduated retirement benefit in accordance with paragraph 12 or 17 of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005 (further provisions replacing section 35(4) of the 1966 Act: increases of graduated retirement benefit and lump sums);

(b) the relevant authority decides that the person or his partner is entitled to housing benefit and takes into account the increase of pension or benefit in making or superseding that decision; and

(c) the person’s election for an increase is changed so that he is entitled to a lump sum,

the relevant authority may revise the housing benefit decision.”.

(3) In regulation 7(2) (decisions superseding earlier decisions), after sub-paragraph (h)(6) there shall be added the following sub-paragraph—

“(i) where—

(i) the claimant or his partner makes, or is treated as having made, an election for a lump sum in accordance with—

(aa) paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act,

(bb) paragraph 1 of Schedule 5A to that Act, or

(cc) paragraph 12 or 17 of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005, or

(ii) such a lump sum is repaid in consequence of an application to change an election for a lump sum in accordance with regulation 5 of the Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations (Northern Ireland) 2006 or paragraph 20F of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005.”.

(4) In regulation 8 (date from which decision superseding an earlier decision takes effect), after paragraph (10)(7) there shall be inserted the following paragraph—

“(10A) Where a decision is superseded in accordance with regulation 7(2)(i), the superseding decision shall take effect from the day on which a lump sum, or a payment on account of a lump sum, is paid or repaid if that day is the first day of the benefit week but, if it is not, from the next following such day.”.

(1)

S.R. 1999 No. 162; relevant amending Regulations are S.R. 2005 No. 46

(2)

Paragraph (7C) was inserted by regulation 7(2)(b) of S.R. 2005 No. 46

(3)

Sub-paragraph (m) was added by regulation 7(4)(a)(iii) of S.R. 2005 No. 46

(4)

S.R. 2001 No. 213; relevant amending Regulations are S.R. 2003 Nos. 224 and 418

(5)

Paragraph (6C) was inserted by regulation 4(3) of S.R. 2003 No. 418

(6)

Sub-paragraph (h) was added by regulation 4(4) of S.R. 2003 No. 418

(7)

Paragraph (10) was inserted by regulation 4(3) of S.R. 2003 No. 224