The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2006

Further amendment of the Social Security (Claims and Payments) Regulations 1987

3.—(1) The Social Security (Claims and Payments) Regulations 1987 are further amended as follows.

(2) In regulation 4D(1) (making a claim for state pension credit)—

(a) in paragraph (3) omit “by telephone to, or”;

(b) in paragraph (6) omit “or by telephone”;

(c) after paragraph (6) insert—

“(6A) A claim for state pension credit may be made by telephone call to the telephone number specified by the Secretary of State.

(6B) Where the Secretary of State, in any particular case, directs that the person making the claim approves a written statement of his circumstances, provided for the purpose by the Secretary of State, a claim made by telephone is not a valid claim unless the person complies with the direction.

(6C) A claim made by telephone in accordance with paragraph (6A) is defective unless the Secretary of State is provided, during that telephone call, with all the information he requires to determine the claim.

(6D) Where a claim made by telephone in accordance with paragraph (6A) is defective, the Secretary of State is to provide the person making it with an opportunity to correct the defect.

(6E) If the person corrects the defect within one month, or such longer period as the Secretary of State considers reasonable, of the date the Secretary of State last drew attention to the defect, the Secretary of State shall treat the claim as if it had been duly made in the first instance.”; and

(d) in paragraph (12) for “Paragraph (11) does” substitute “Paragraphs (6E) and (11) do”.

(3) In regulation 4F(2)(2) (making a claim after attaining the qualifying age: date of claim)—

(a) in sub-paragraph (b) after “4D(3)” insert “or (6A)”; and

(b) in sub-paragraph (c) for “4D(11)” substitute “4D(6E) or (11)”.

(4) In regulation 5(1)(3) (amendment and withdrawal of claim) after “regulation 4(11)” insert “or 4D(6A)”.

(1)

Regulations 4D to 4F were inserted by S.I. 2002/3019. Regulation 4D was amended by S.I. 2003/1632 and 2005/337.

(2)

Regulation 4F was amended by S.I. 2003/1632 and 2004/2327.

(3)

Regulation 5 was amended by S.I. 2005/34.