- Latest available (Revised)
- Point in Time (06/04/2016)
- Original (As made)
Point in time view as at 06/04/2016.
There are currently no known outstanding effects for the The Social Security (Claims and Payments) Regulations 1987, Section 15.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
15.—(1) A claim for a retirement pension of any category, and for any increase in any such pension, [F1or a state pension under Part 1 of the Pensions Act 2014] [F2or a shared additional pension,] and an award on such a claim, may be made at any time not more than 4 months before the date on which the claimant will, subject to the fulfilment of the necessary conditions, become entitled to such a pension.
(2) A notice for the purpose of section 27(4) of the Social Security Act 1975 (retirement from regular employment) shall be given to the Secretary of State in writing and shall specify a date, being a date not earlier than the date on which the person giving the notice attains pensionable age and not later than the expiration of the period of 4 months after the date on which the notice is given, as the date of that person's retirement.
(3) Where the person giving notice of retirement specifies a date earlier than the date on which he attains pensionable age, the notice shall be treated as if the latter date had been specified.
(4) For the purposes of that section 27(4) the prescribed period shall be the period of 12 months.
[F3(5) Where a person claims a Category A or Category B retirement pension and is, or but for that claim would be, in receipt of [F4incapacity benefit] F5... for a period which includes the first day to which the claim relates, then if that day is not the appropriate day for the payment of retirement pension in his case, the claim shall be treated as if the first day of the claim was instead the next following such pay day.]
[F3(6) Where the spouse [F6or civil partner] of such a person as is mentioned in paragraph (5) above claims a Category A or Category B retirement pension and the first day of that claim is the same as the first day of the claim made by that person, the provisions of that paragraph shall apply also to the claim made by the spouse [F6or civil partner].]
(7) For the purposes of facilitating the determination of a subsequent claim for a Category A, B or C retirement pension [F7or a state pension under Part 1 of the Pensions Act 2014], a person may at any time not more than 4 months before the date on which he will attain pensionable age, and notwithstanding that he [F8intends to defer his entitlement to a Category A or Category B retirement pension] [F7or a state pension under Part 1 of the Pensions Act 2014] at that date, submit particulars in writing to the Secretary of State in a form approved by him for that purpose with a view to the determination (in advance of the claim) of any question under the Act [F9or the Pensions Act 2014] relating to that person's title to such a [F10pension] F11..., and subject to the necessary modifications, the provisions of these regulations shall apply to any such particulars.
Textual Amendments
F1Words in reg. 15(1) inserted (4.1.2016) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(a), 9(7)(a)
F2Words in reg. 15(1) inserted (6.7.2005) by The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1551), regs. 1(1)(a), 2(6) (with reg. 10)
F3Reg. 15(5)(6) substituted (1.10.1989) by The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 2(2)
F4Words in reg. 15(5) substituted (13.4.1995) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 (S.I. 1994/2943), regs. 1(1), 5
F5Words in reg. 15(5) omitted (7.10.1996) by virtue of The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(8)
F6Words in reg. 15(6) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 14(6) (with art. 3)
F7Words in reg. 15(7) inserted (4.1.2016) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(a), 9(7)(b)(i)
F8Words in reg. 15(7) substituted (1.10.1989) by The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 2(3)
F9Words in reg. 15(7) inserted (4.1.2016) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(a), 9(7)(b)(iii)
F10Word in reg. 15(7) substituted (4.1.2016) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(a), 9(7)(b)(ii)
F11Words in reg. 15(7) omitted (1.10.1989) by The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 2(3)
Modifications etc. (not altering text)
C1Reg. 15(2)(3)(4) applied (with modifications) (1.10.1989) by The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 2(4)(a)
C2Reg. 15(5)(6)(7) applied (with modifications) (1.10.1989) by The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 2(4)(b)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: