The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005

Amendment of the Claims and Payments Regulations

2.—(1) The Claims and Payments Regulations are amended in accordance with the following paragraphs.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) in the definition of “long term benefits”(1) after “retirement pension” insert “a shared additional pension,”; and

(ii) immediately before the definition of “state pension credit”(2) insert—

““shared additional pension” means a shared additional pension under section 55A of the Contributions and Benefits Act;” and

(b) in paragraph (2)(b)(3) after “Jobseekers Act” add “and a shared additional pension”.

(3) In regulation 3 (claims not required for entitlement to benefit in certain cases) after paragraph (h)(4) add the following paragraph—

“(i) in the case of a shared additional pension where the beneficiary is in receipt of a retirement pension of any category.”.

(4) In regulation 4 (making a claim for benefit)—

(a) in paragraph (6A)(5)—

(i) in sub-paragraph (a)(ii) after “category” insert “or a shared additional pension”; and

(ii) in sub-paragraph (b) after “retirement pension” insert “or a shared additional pension”; and

(b) in paragraph (11)(6) after “graduated retirement benefit” insert “, a shared additional pension”.

(5) In regulation 13(3)(7) (advance claims and awards) after “or increase,” insert “a shared additional pension,”.

(6) In regulation 15(1) (advance notice of retirement and claim for and award of pension) after “increase in any such pension,” insert “or a shared additional pension,”.

(7) For regulation 15B(8) (advance claim for pension following deferment) substitute—

“Advance claim for pension following deferment

15B.   Where a person’s entitlement to a Category A or Category B retirement pension or a shared additional pension is deferred in accordance with section 55(3) of the Contributions and Benefits Act(9) (pension increase or lump sum where entitlement to retirement pension is deferred) or section 55C(3) (pension increase or lump sum where entitlement to shared additional pension is deferred) thereof (as the case may be) a claim for—

(a) a Category A or Category B retirement pension;

(b) any increase in that pension; and

(c) a shared additional pension,

may be made at any time not more than 4 months before the date on which the period of deferment, within the meaning of section 55(3) or section 55C(3) (as the case may be), ends.”.

(8) In Schedule 1, Part 1 (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative) where “a retirement pension of any category” appears the second time in column (1) (benefit claimed), in the corresponding paragraph in column (2) (10)(alternative benefit) after “any other category” insert “, a shared additional pension”.

(9) In Schedule 6 (days for payment of long term benefits) immediately before paragraph 6 insert—

“Shared additional pension

5A.   Shared additional pension shall be payable on Mondays, except that—

(a) where a retirement pension is payable to the claimant, it shall be payable on the same day as the retirement pension; or

(b) the Secretary of State may, notwithstanding the provisions of sub-paragraph (a), arrange for a shared additional pension to be payable on such other day of the week as he may, in the circumstances of any particular case, determine.”.

(1)

Definition was amended by S.I. 1991/2741, 1999/2358, 2000/1483 and 2002/2497.

(2)

Definition was inserted by S.I. 2002/3019.

(3)

Paragraph (2) was amended by S.I. 1988/1725, 1996/1460, 1999/2572 and 2002/3019.

(4)

Paragraph (h) was added by S.I. 1999/2556 and was amended by S.I. 2001/488 and 2003/1589.

(5)

Paragraph (6A) was inserted by S.I. 2003/1632.

(6)

Paragraph (11) was added by S.I. 2005/34.

(7)

Paragraph (3) was amended by S.I. 1991/2741, 1994/2319, 1999/2572 and 2002/3019.

(8)

Regulation 15B was inserted by S.I. 2005/455.

(9)

Sections 55 and 55C were substituted by s.297 of the Pensions Act 2004 (c. 35).

(10)

This paragraph was amended by S.I. 1988/522.