Claims not required for entitlement to benefit in certain casesE+W+S
3.—[(1)] It shall not be a condition of entitlement to benefit that a claim be made for it in the following cases:–
[(za)in the case of a Category A or B retirement pension, where the beneficiary is a person to whom regulation 3A applies;]
(a)in the case of a Category C retirement pension where the beneficiary is in receipt of–
(i)another retirement pension under the Social Security Act 1975; or
(ii)widow's benefit under Chapter 1 of Part II of that Act; or
(iii)benefit by virtue of section 39(4) of that Act corresponding to a widow's pension or a widowed mother's allowance; [or]
[(iv)widowed parent’s allowance;]
(b)in the case of a Category D retirement pension where the beneficiary–
(i)was ordinarily resident in Great Britain on the day on which he attained 80 years of age; and
(ii)is in receipt of another retirement pension under the Social Security Act 1975;
(c)age addition in any case;
[(ca)in the case of a Category A retirement pension where the beneficiary—
(i)is entitled to any category of retirement pension other than a Category A retirement pension; and
(ii)becomes divorced or the beneficiary’s civil partnership is dissolved;]
[(cb)in the case of a Category B retirement pension where the beneficiary is entitled to either a Category A retirement pension or to a graduated retirement benefit or to both and
(i)the spouse or civil partner of the beneficiary becomes entitled to a Category A retirement pension [or a state pension under section 4 of the Pensions Act 2014]; or
(ii)the beneficiary marries or enters into a civil partnership with a person who is entitled to a Category A retirement pension [or a state pension under section 4 of the Pensions Act 2014];] [or]
[(iii)the spouse or civil partner of the beneficiary dies having been entitled to a Category A retirement pension [or a state pension under section 4 of the Pensions Act 2014] at the date of death;]
(d)in the case of a Category A or B retirement pension [or a state pension under Part 1 of the Pensions Act 2014]–
(i)where the beneficiary is a woman [who has reached pensionable age and is] entitled to a widowed mother's allowance ..., on her ceasing to be so entitled; ...
(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(da). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[(e)in the case of retirement allowance.]
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[(g)in the case of a jobseeker’s allowance where–
(i)payment of benefit has been suspended in the circumstance prescribed in regulation 16(2) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999; and
(ii)the claimant whose benefit has been suspended satisfies the conditions of entitlement (apart from the requirement to claim) to that benefit immediately before the suspension ends;]
[(h)in the case of income support where the beneficiary—
(i)is a person to whom regulation ... [6(5)] of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies;
(ii)was in receipt of an income-based jobseeker’s allowance [or an income-related employment and support allowance] on the day before the day on which he was first engaged in the work referred to in sub-paragraph (a) of [those paragraphs]; and
(iii)would satisfy the conditions of entitlement to income support (apart from the condition of making a claim which would apply in the absence of this paragraph) only by virtue of ... [regulation 6(6)] of those Regulations.]
[(i)in the case of a shared additional pension where the beneficiary is in receipt of a retirement pension of any category.]
[(j)in the case of an employment and support allowance where—
(i)the beneficiary has made and is pursuing an appeal against a relevant decision of the Secretary of State, and
(ii)that appeal relates to a decision to terminate or not to award a benefit for which a claim was made.]
[(ja)in the case of a state pension under any section of Part 1 of the Pensions Act 2014 where the beneficiary is entitled to—
(i)a state pension under a different section of Part 1 of that Act; or
(ii)another state pension under the same section of Part 1 of that Act.]
[(2) In this regulation—
“appellate authority” means the First-tier Tribunal, the Upper Tribunal, the Court of Appeal, the Court of Session, or the Supreme Court; and
“relevant decision” means—
(a)
a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work; or
(b)
a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work since a previous determination by the Secretary of State or appellate authority that the claimant does have limited capability for work.]
Textual Amendments
Modifications etc. (not altering text)