Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
3. Regulation 5 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) (date from which a decision revised under Article 10 takes effect) shall be renumbered paragraph (1) of regulation 5 and after that paragraph there shall be added the following paragraph –
“(2) Where –
(a)a person attains pensionable age, claims a retirement pension after the prescribed time for claiming and the Department decides that he is not entitled (“the original decision”) 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 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 the contributions are treated as paid on a date earlier than the date on which they were paid; and
(d)the Department revises the original decision in accordance with regulation 11A(4)(a),
the revised decision shall take effect from –
(i)1st 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.”.