The Social Security (Retirement Pensions) Amendment Regulations 2004

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

3.  In the Social Security and Child Support (Decisions and Appeals) Regulations 1999(1), regulation 5 (date from which a decision revised under section 9 takes effect) shall be renumbered paragraph (1) of regulation 5 and after paragraph (1) add—

“(2) Where—

(a) a person attains pensionable age, claims a retirement pension after the prescribed time for claiming and the Secretary of State decides (“the original decision”) that he is not entitled because—

(i) in the case of a Category A retirement pension, the person has not satisfied the contribution conditions; or

(ii) in the case of a Category B retirement pension, the person’s spouse has not satisfied the contribution conditions;

(b) in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001(2) (Class 3 contributions: tax years 1996-97 to 2001-02) the Board subsequently accepts Class 3 contributions paid after the due date by the claimant or, as the case may be, the spouse;

(c) in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001(3) the contributions are treated as paid on a date earlier than the date on which they were paid; and

(d) the Secretary of State revises the original decision in accordance with regulation 11A(4)(a),

the revised decision shall take effect from—

(i) 1^st October 1998; or

(ii) the date on which the claimant attained pensionable age in the case of a Category A pension, or, in the case of a Category B pension, the date on which the claimant’s spouse attained pensionable age,

whichever is later.”.

(1)

S.I. 1999/991.

(2)

S.I. 2001/1004; regulation 50A was inserted by S.I. 2004/1362.

(3)

S.I. 2001/769; regulation 6A was inserted by S.I. 2004/1361.