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1987 No. 1968The Social Security (Claims and Payments) Regulations 1987

PART IIE+W+SCLAIMS

Claims not required for entitlement to benefit in certain casesE+W+S

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

Modifications etc. (not altering text)