The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989

Amendment of the Social Security (Claims and Payments) Regulations 1987

2.—(1) Regulation 15 of the Social Security (Claims and Payments) Regulations 1987(1) (advance notice of retirement and claim for and award of benefit) shall be amended in accordance with paragraphs (2) and (3) below.

(2) For paragraphs (5) and (6) of regulation 15 there shall be substituted the following paragraphs:–

“(5) Where a person claims a Category A or Category B retirement pension and is, or but for that claim would be, in receipt of sickness, invalidity or unemployment benefit for a period which includes the first day to which the claim relates, then if that day is not the appropriate day for the payment of retirement pension in his case, the claim shall be treated as if the first day of the claim was instead the next following such pay day.

(6) Where the spouse of such a person as is mentioned in paragraph (5) above claims a Category A or Category B retirement pension and the first day of that claim is the same as the first day of the claim made by that person, the provisions of that paragraph shall apply also to the claim made by the spouse.”.

(3) In paragraph (7) of regulation 15 for the words “does not intend to retire from regular employment”, there shall be substituted the words “intends to defer his entitlement to a Category A or Category B retirement pension”, and the words “other than the question of retirement” shall be omitted.

(4) Where a person claims a Category A or Category B retirement pension as from a day falling before 1st October 1989 then, in his case–

(a) paragraphs (2), (3) and (4) of regulation 15 of the Social Security (Claims and Payments) Regulations 1987 shall apply as though section 27(4) of the Social Security Act 1975 had not been repealed(2), and

(b) paragraphs (5), (6) and (7) of that regulation shall apply as though the amendments to those paragraphs contained in this regulation had not been made.

(1)

S.I. 1987/1968, to which there are amendments not relevant to these Regulations.

(2)

See the Social Security Act 1989 (c. 24), Schedule 1, paragraph 1, and Schedule 9.