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The Social Security and Child Support (Decisions and Appeals) Regulations 1999
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Date from which a decision revised under section 9 takes effectE+W+S
5.—[F1(1)] Where, on a revision under section 9, the Secretary of State [F2or the Board or an officer of the Board] decides that the date from which the decision under section 8 or 10 (“the original decision”) took effect was erroneous, the decision under section 9 shall take effect on the date from which the original decision would have taken effect had the error not been made.
[F3(2) Where—
(a)a person attains pensionable age, claims a retirement pension after the prescribed time for claiming and the Secretary of State decides (“the original decision”) that he is not entitled 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 [F4or civil partner] has not satisfied the contribution conditions;
(b)in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001 (Class 3 contributions: tax years 1996-97 to 2001-02) the Board subsequently accepts Class 3 contributions paid after the due date by the claimant or, as the case may be, the spouse [F5or civil partner];
(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 Secretary of State revises the original decision in accordance with regulation 11A(4)(a),
the revised decision shall take effect from—
(i) 1 st 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 [F6or civil partner] attained pensionable age,
whichever is later.]
Textual Amendments
F1 Reg. 5(1): reg. 5 renumbered as reg. 5(1) (27.9.2004) by Social Security (Retirement Pensions) Amendment Regulations 2004 (S.I. 2004/2283), regs. 1, 3
F2 Words in reg. 5 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 8
F3 Reg. 5(2) added (27.9.2004) by Social Security (Retirement Pensions) Amendment Regulations 2004 (S.I. 2004/2283), regs. 1, 3
F4 Words in reg. 5(2)(a)(ii) inserted (5.12.2005) by Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005 (S.I. 2005/2878), regs. 1, 8(3)
F5 Words in reg. 5(2)(b) inserted (5.12.2005) by Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005 (S.I. 2005/2878), regs. 1, 8(3)
F6 Words in reg. 5(2)(ii) inserted (5.12.2005) by Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005 (S.I. 2005/2878), regs. 1, 8(3)
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