The Social Security (Deferral of Retirement Pensions) Regulations 2005

Amendment of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 E+W+S

4.—(1) The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 M1 shall be amended in accordance with the following paragraphs.

(2) In regulation 1(2)(interpretation), the definition of “period of enhancement” shall be omitted.

(3) In regulation 2 (election to be treated as not having retired)—

(a) in paragraph (1)(a), the words from “but is” to “70” shall be omitted;

(b) for paragraphs (3) and (4), there shall be substituted the following paragraphs–

“(3) Notice of election for the purposes of this regulation may be given by telephone call to the telephone number specified by the Secretary of State unless the Secretary of State directs in any particular case that the notice or consent must be given in writing.

(4) Subject to paragraphs (5) and (6), an election shall take effect–

(a) on the date on which it is given; or

(b) on such other date specified by the person making the election, being no earlier than the date on which it is given and no later than 28 days after the date on which it is given.”;

(c) in paragraph (5)(a), the words “in writing” shall be omitted.

(4) In regulation 4 (days to be treated as days of increment)—

(a) in both paragraphs (1) and (2)(i), for the word “enhancement”, there shall be substituted the word “ ;deferment ”;

(b) in paragraph (1)—

(i) in sub-paragraph (c), after the words “section 10(2) increase” there shall be inserted the words “ ;and whose period of deferment began before 6^th April 2005 ”;

(ii) after sub-paragraph (c), there shall be inserted the following—

“and

(d) in the case of a person who would have been entitled to a Category A or Category B retirement pension (“the deferrer”) and whose period of deferment begins on or after 6th April 2005—

(i) no other person has received an increase of any of the benefits mentioned in sub-paragraph (b) in respect of the deferrer; or

(ii) another person has received such an increase in respect of the deferrer and the deferrer is neither married to, nor residing with, that other person.”.

(5) In regulation 5 (modifications)—

(a) in both paragraph (1) and the modification made by paragraph (3), for the word “enhancement” there shall be substituted the word “ ;deferment ”;

(b) in the modification made by paragraph (5), in both (a) and (b), for “�??7th per cent”, there shall be substituted “ ;�??th per cent. ”.

Marginal Citations

M1 S.I.1979/642; the relevant amending instruments are S.I.1989/1642, 1991/2742, 1992/1695,1996/1345 and 1999/2422.