The Social Security (Claims and Payments) Amendment Regulations 2005

Amendment of regulation 30 of the Claims and Payments Regulations

4.  In regulation 30 of the Claims and Payments Regulations(1) (payments on death)—

(a) in paragraph (5) (posthumous claims) before “Where the conditions” insert “Subject to paragraphs (5A) to (5F),”, and

(b) after paragraph (5) insert—

“(5A) Subject to paragraphs (5B) to (5F), a claim may be made in accordance with paragraph (5) on behalf of the deceased for a Category A or Category B retirement pension or graduated retirement benefit provided that the deceased was not married on the date of his death.

(5B) In determining for the purposes of paragraphs (5) and (5A) the benefit to which the deceased would have been entitled if he had claimed within the prescribed time, the prescribed time shall be the period of three months ending on the date of his death and beginning with any day on which, apart from satisfying the condition of making a claim, he would have been entitled to the pension or benefit.

(5C) Paragraph (5D) applies where, throughout the period of 12 months ending with the day before the death of the deceased person, his entitlement to a Category A or a Category B retirement pension or to graduated retirement benefit was deferred in accordance with, as the case may be—

(a) section 55 of the Contributions and Benefits Act(2) (pension increase or lump sum where entitlement to retirement pension is deferred); or

(b) section 36(4A) of the National Insurance Act 1965(3) (deferment of graduated retirement benefit).

(5D) Where a person claims under paragraphs (5) and (5A) the deceased shall be treated as having made an election in accordance with, as the case may be—

(a) paragraph A1(1)(a) of Schedule 5 to the Contributions and Benefits Act(4) (electing to have an increase of pension), where paragraph (5C)(a) applies; or

(b) paragraph 12(1)(a) of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005(5) (electing to have an increase of benefit), where paragraph (5C)(b) applies.

(5E) Paragraph (5F) applies where—

(a)  the deceased person was a widow or widower (“W”) who was married to the other party of the marriage (“S”) when S died;

(b)  throughout the period of 12 months ending with the day before S’s death, S’s entitlement to a Category A or a Category B retirement pension or to graduated retirement benefit was deferred in accordance with, as the case may be, paragraph (5C)(a) or (b); and

(c) W made no statutory election in consequence of the deferral.

(5F) Where a person claims under paragraphs (5) and 5(A) the deceased (“W”) shall be treated as having made an election in accordance with, as the case may be—

(a) paragraph 3C(2)(a) of Schedule 5 to the Contributions and Benefits Act(6) electing to have an increase of pension), where paragraph (5C)(a) applies; or

(b) paragraph 17(2)(a) of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (electing to have an increase in benefit), where paragraph (5C)(b) applies.”.

(1)

Relevant amendments to regulation 30 were made by S.I. 1988/1725, 1990/2208, 1991/2741, 1993/2113, 1996/1460 and 2002/3019.

(2)

Section 55 was substituted by the Pensions Act 2004 (c. 35), section 297.

(3)

1965 c. 51; section 36 is continued in force and modified by S.I. 1978/393; subsection (4A) was inserted by S.I. 2005/454.

(4)

Paragraph A1 was inserted by the Pensions Act 2004, Schedule 11, paragraph 4.

(5)

S.I. 2005/454; Schedule 1 has effect by virtue of section 36(4) of the National Insurance Act 1965 as amended by S.I. 2005/454.

(6)

Paragraph 3A was inserted by the Pensions Act 2004, Schedule 11, paragraph 9.