3. It shall not be a condition of entitlement to benefit that a claim be made for it in the following cases:–
[F1(za)in the case of a Category A or B retirement pension, where the beneficiary is a person to whom regulation 3A applies;]
(a)in the case of a Category C retirement pension where the beneficiary is in receipt of–
(i)another retirement pension under the Social Security Act 1975; or
(ii)widow's benefit under Chapter 1 of Part II of that Act; or
(iii)benefit by virtue of section 39(4) of that Act corresponding to a widow's pension or a widowed mother's allowance; [F2or]
[F2(iv)bereavement benefit under Part II of the Contributions and Benefits Act;]
(b)in the case of a Category D retirement pension where the beneficiary–
(i)was ordinarily resident in Great Britain on the day on which he attained 80 years of age; and
(ii)is in receipt of another retirement pension under the Social Security Act 1975;
(c)age addition in any case;
[F3(ca)in the case of a Category A retirement pension where the beneficiary—
(i)is entitled to any category of retirement pension other than a Category A retirement pension; and
(ii)becomes divorced or the beneficiary’s civil partnership is dissolved;]
[F4(cb)in the case of a Category B retirement pension where the beneficiary is entitled to either a Category A retirement pension or to a graduated retirement benefit or to both and
(i)the spouse or civil partner of the beneficiary becomes entitled to a Category A retirement pension; or
(ii)the beneficiary marries or enters into a civil partnership with a person who is entitled to a Category A retirement pension;][F5or]
[F5(iii)the spouse or civil partner of the beneficiary dies having been entitled to a Category A retirement pension at the date of death;]
(d)in the case of a Category A or B retirement pension–
(i)where the beneficiary is a woman over the age of 65 and entitled to a widowed mother's allowance [F6or widowed parent’s allowance], on her ceasing to be so entitled; or
(ii)where the beneficiary is a woman under the age of 65 and in receipt of widow's pension [F7or bereavement allowance], on her attaining that age.
[F8(da)in the case of a bereavement payment where the beneficiary is in receipt of a retirement pension at the date of death of the beneficiary’s spouse or civil partner and satisfies the conditions of entitlement under section 36(1) of the Contributions and Benefits Act;]
[F9(da)in the case of a bereavement payment where the beneficiary is over pensionable age and satisfies the conditions of entitlement under section 36(1) of the Contributions and Benefits Act;]
[F10(e)in the case of retirement allowance.]
F11(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F12(g)in the case of a jobseeker’s allowance where–
(i)payment of benefit has been suspended in the circumstance prescribed in regulation 16(2) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999; and
(ii)the claimant whose benefit has been suspended satisfies the conditions of entitlement (apart from the requirement to claim) to that benefit immediately before the suspension ends;]
[F13(h)in the case of income support where the beneficiary—
(i)is a person to whom regulation F14... [F156(5)] of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies;
(ii)was in receipt of an income-based jobseeker’s allowance [F16or an income-related employment and support allowance] on the day before the day on which he was first engaged in the work referred to in sub-paragraph (a) of [F17those paragraphs]; and
(iii)would satisfy the conditions of entitlement to income support (apart from the condition of making a claim which would apply in the absence of this paragraph) only by virtue of F18... [F19regulation 6(6)] of those Regulations.]
[F20(i)in the case of a shared additional pension where the beneficiary is in receipt of a retirement pension of any category.]
[F21[F22(j)in the case of an employment and support allowance where —
(i)the beneficiary has made and is pursuing an appeal against a decision of the Secretary of State that embodies a determination that the beneficiary does not have limited capability for work, and
(ii)that appeal relates to a decision to terminate or not to award a benefit for which a claim was made.]]
Textual Amendments
F1Reg. 3(za) inserted (2.11.2010) by The Social Security (Exemption from Claiming Retirement Pension) Regulations 2010 (S.I. 2010/1794), regs. 1, 2(2)
F2Reg. 3(a)(iv) and word added (9.4.2001) by The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 (S.I. 2000/1483), regs. 1, 9(3)(a)
F3Reg. 3(ca)(cb) inserted (24.9.2007) by The Social Security (Miscellaneous Amendments) (No.4) Regulations 2007 (S.I. 2007/2470), regs. 1, 2(2)(a)
F4Reg. 3(cb) substituted (17.3.2008) by The Social Security (Claims and Payments) Amendment Regulations 2008 (S.I. 2008/441), regs. 1, 2(2)
F5Reg. 3(cb)(iii) and word added (13.7.2009) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/1490), regs. 1, 2(3)
F6Words in reg. 3(d)(i) inserted (9.4.2001) by The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 (S.I. 2000/1483), regs. 1, 9(3)(b)(i)
F7Words in reg. 3(d)(ii) inserted (9.4.2001) by The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 (S.I. 2000/1483), regs. 1, 9(3)(b)(ii)
F8Reg. 3(da) substituted (30.10.2008) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2008 (S.I. 2008/2667), regs. 1, 2(2)
F9Reg. 3(da) inserted (24.9.2007) by The Social Security (Miscellaneous Amendments) (No.4) Regulations 2007 (S.I. 2007/2470), regs. 1, 2(2)(b)
F10Reg. 3(1)(e) added (10.4.1989) by The Social Security (Claims and Payments and Payments on account, Overpayments and Recovery) Amendment Regulations 1989 (S.I. 1989/136), regs. 1(1), 2(2)
F11Reg. 3(1)(f) repealed (13.4.1995) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 (S.I. 1994/2943), regs. 1(1), 2
F12Reg. 3(g) substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 6 para. 3 (with reg. 3(1)(b), Schs. 21-23)
F13Reg. 3(h) added (4.10.1999) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/2556), regs. 1, 7
F14Words in reg. 3(h)(i) omitted (25.10.2004) by virtue of The Social Security (Back to Work Bonus and Lone Parent Run-on) (Amendment and Revocation) Regulations 2003 (S.I. 2003/1589), regs. 1(1), 5(a)
F15Words in reg. 3(h)(i) inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 11(2)(a)
F16Words in reg. 3(h)(ii) inserted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 11(a)
F17Words in reg. 3(h)(ii) substituted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 11(2)(b)
F18Words in reg. 3(h)(iii) omitted (25.10.2004) by virtue of The Social Security (Back to Work Bonus and Lone Parent Run-on) (Amendment and Revocation) Regulations 2003 (S.I. 2003/1589), regs. 1(1), 5(b)
F19Words in reg. 3(h)(iii) inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 11(2)(c)
F20Reg. 3(i) added (6.7.2005) by The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1551), regs. 1(1)(a), 2(3) (with reg. 10)
F21Reg. 3(j) substituted (28.6.2010) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010 (S.I. 2010/840), regs. 1, 2
F22Reg. 3(j) added (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 11(b)
Modifications etc. (not altering text)
C1Reg. 3 modified by SI 2010/1907 Sch. 2 para. 18 (as amended) (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 17(9)(b)(ii)