The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005

Further amendment of the Claims and Payments Regulations

3.—(1) In regulation 30 of the Claims and Payments Regulations (payments on death)—

(a) for paragraph (5B)(1) substitute—

“(5B) Where a claim is made for a shared additional pension under paragraph (5) or for a retirement pension or graduated retirement benefit under paragraphs (5) and (5A), in determining, for the purposes of those paragraphs, the pension or benefit to which the deceased would have been entitled if he had claimed within the prescribed time, the prescribed time shall be the period of 3 months ending on the date of his death and beginning with any day on which, apart from satisfying the condition of making a claim, he would have been entitled to the pension or benefit.”;

(b) in paragraph (5C)—

(i) after “Category B retirement pension” insert “, a shared additional pension”;

(ii) in sub-paragraph (a) omit “or”; and

(iii) after sub-paragraph (a) insert—

“(aa) section 55C thereof (pension increase or lump sum where entitlement to shared additional pension is deferred); or”.

(c) in paragraph (5D)—

(i) after “under” insert “paragraph (5) or under”;

(ii) in sub-paragraph (a) omit “or”; and

(iii) after sub-paragraph (a) insert—

“(aa) paragraph 1(1)(a) of Schedule 5A thereto (electing to have an increase of a shared additional pension), where paragraph 5C(aa) applies; or”.

(2) In Schedule 4 (prescribed times for claiming benefit), after paragraph 14(2), in column (1) (description of benefit) and in the corresponding part of column (2) (prescribed time for claiming benefit) add the following paragraph—

“Shared additional pension

15.   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.”.

(1)

Paragraphs (5A) to (5F) were added by S.I. 2005/455.

(2)

Paragraphs 13 and 14 were added, with effect from 6th April, 2006, by S.I. 2005/455.