The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2005

Amendment of the Social Security (Claims and Payments) RegulationsN.I.

2.—(1) The Claims and Payments Regulations shall be amended in accordance with paragraphs (2) to (5).

(2) Before regulation 16 there shall be inserted the following regulation –

“Advance claim for pension following deferment

15B.  Where a person’s entitlement to a Category A or Category B retirement pension is deferred in accordance with section 55(3) of the Contributions and Benefits Act(1) (pension increase or lump sum where entitlement to retirement pension is deferred) a claim for –

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

(b)any increase in that pension,

may be made any time not more than 4 months before the date on which the period of deferment, within the meaning of that section, ends.”.

(3) In regulation 19(3)(2) (time for claiming benefit) sub-paragraphs (c) and (f) shall be omitted.

(4) In regulation 30 (payments on death) –

(a)at the beginning of paragraph (5)(3) there shall be inserted “Subject to paragraphs (5A) to (5F),”; and

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In Schedule 4 (prescribed times for claiming benefit) after paragraph 12(4), there shall be added the following paragraphs –

“13.  Retirement pension of any category.

As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.

14.  Graduated retirement benefit(5).

As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 12 months immediately following it.”.

Textual Amendments

Commencement Information

I1Reg. 2(1)(2) in operation at 6.4.2005, see reg. 1(1)(a)

I2Reg. 2(3)-(5) in operation at 6.4.2006, see reg. 1(1)(c)

(1)

1992 c. 7; section 55 is substituted by Article 273(1) of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1))

(2)

Regulation 19 was substituted by regulation 3(7) of S.R. 1997 No. 156 and paragraph (3) was amended by regulation 10(4) of S.R. 2001 No. 108, paragraph 2(a) of the Schedule to S.R. 2002 No. 323 and regulation 2(2)(a) of S.R. 2002 No. 327

(3)

Paragraph (5) was amended by regulation 3(6) of S.R. 1988 No. 369, regulation 7(5)(a) of S.R. 1990 No. 398, regulation 15 of S.R. 1992 No. 7, regulation 2(15) of S.R. 1996 No. 354 and regulation 10 of S.R. 2003 No. 191

(4)

Paragraph 12 was added by regulation 2(3) of S.R. 2004 No. 304

(5)

Graduated retirement benefit is payable under section 35 of the National Insurance Act (Northern Ireland) 1966