The Social Security (Claims and Payments) Amendment Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

This Regulation amends the Social Security (Claims and Payments) Regulations 1987.

Regulation 2 amends regulation 3 of those Regulations by substituting a new paragraph (cb). This extends the list of exceptions to the general rule that it is necessary to make a claim to be entitled to benefit. The new exception means that when a person’s spouse or civil partner is awarded a Category A retirement pension, that person can be awarded a Category B retirement pension without having to claim it, providing that they are already entitled to either a Category A retirement pension or to a graduated retirement benefit.

It also amends the current provision to clarify that when a person who is entitled to a Category A retirement pension or a graduated retirement benefit marries or enters into a civil partnership, they can be awarded a Category B retirement pension only if their spouse or civil partner is entitled to a Category A retirement pension.

A full regulatory impact assessment has not been carried out in respect of these Regulations as they do not impose a cost on business, charities or the voluntary sector.