Made | 9th June 2005 | ||
Laid before Parliament | 15th June 2005 | ||
Coming into force in accordance with regulation 1(1) |
(2) In these Regulations—
Amendment of the Claims and Payments Regulations
2.
—(1) The Claims and Payments Regulations are amended in accordance with the following paragraphs.
(2) In regulation 2 (interpretation)—
(3) In regulation 3 (claims not required for entitlement to benefit in certain cases) after paragraph (h)[9] add the following paragraph—
(4) In regulation 4 (making a claim for benefit)—
(b) in paragraph (11)[11] after "graduated retirement benefit" insert ", a shared additional pension".
(5) In regulation 13(3)[12] (advance claims and awards) after "or increase," insert "a shared additional pension,".
(6) In regulation 15(1) (advance notice of retirement and claim for and award of pension) after "increase in any such pension," insert "or a shared additional pension,".
(7) For regulation 15B[13] (advance claim for pension following deferment) substitute—
may be made at any time not more than 4 months before the date on which the period of deferment, within the meaning of section 55(3) or section 55C(3) (as the case may be), ends.".
(8) In Schedule 1, Part 1 (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative) where "a retirement pension of any category" appears the second time in column (1) (benefit claimed), in the corresponding paragraph in column (2) [15](alternative benefit) after "any other category" insert ", a shared additional pension".
(9) In Schedule 6 (days for payment of long term benefits) immediately before paragraph 6 insert—
Further amendment of the Claims and Payments Regulations
3.
—(1) In regulation 30 of the Claims and Payments Regulations (payments on death)—
(c) in paragraph (5D)—
(2) In Schedule 4 (prescribed times for claiming benefit), after paragraph 14[17], in column (1) (description of benefit) and in the corresponding part of column (2) (prescribed time for claiming benefit) add the following paragraph—
Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975
4.
—(1) The Social Security Benefit (Persons Abroad) Regulations 1975[18] are amended in accordance with the following paragraphs.
(2) In regulation 1(2) (citation, commencement and interpretation) immediately before the definition of "the Special Provisions Regulations" insert—
(3) In regulation 4(1)[19] (modification of the Act etc.) after "retirement pension of any category" insert ", a shared additional pension".
(4) In regulation 5(3)(c)[20] (application of disqualification in respect of up-rating of benefit)—
Amendment of the Social Security (Overlapping Benefits) Regulations 1979
5.
In regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1979[21] (interpretation)—
Amendment of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979
6.
—(1) The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979[22] are amended in accordance with the following paragraphs.
(2) In regulation 1(2) (citation, commencement and interpretation) immediately before the definition of "1914-1918 War Injuries Scheme" insert—
(3) In regulation 2(1)(a)[23] (election to be treated as not having retired) after "retirement pension" insert "or a shared additional pension".
(4) In regulation 3(a) (provisions applying after election) after "retirement pension", where it appears the first time and the third time, insert "or a shared additional pension".
(5) In regulation 4 (days to be treated as days of increment) after paragraph (3) add—
Amendment of the Social Security (General Benefit) Regulations 1982
7.
—(1) The Social Security (General Benefit) Regulations 1982[24] are amended in accordance with the following paragraphs.
(2) In regulation 1(2) (citation, commencement and interpretation) immediately before the definition of "standard rate of increase" insert—
(3) In regulation 2(2)[25] (exceptions from disqualification for imprisonment etc.) after "maternity allowance," insert "a shared additional pension,".
Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
8.
In regulation 5(2) of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988[26] (offsetting prior payments against subsequent award), in Case 1 (payment pursuant to a decision which is revised or superseded, or overturned on appeal), after "benefit" insert "or by way of a shared additional pension under section 55A of the Contributions and Benefits Act".
Amendment of the Social Security (Deferral of Retirement Pensions) Regulations 2005
9.
—(1) The Social Security (Deferral of Retirement Pensions) Regulations 2005[27] are amended in accordance with the following paragraphs.
(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of "retirement pension" add—
(3) In regulation 2 (beginning of accrual period)—
(4) In regulation 3 (amount of retirement pension not included in the calculation of the lump sum)—
(d) in paragraph (8) after "retirement pension" insert "or a shared additional pension".
Transitional provisions
10.
—(1) Subject to paragraph (2) a claim for a shared additional pension made during the period from 6th July 2005 to 5th April 2006 in respect of any day in the period from 6th April 2005 to 5th April 2006 shall be treated as made on that day if on that day, apart from satisfying the condition of making a claim, the claimant satisfies the other conditions of entitlement for that pension.
(2) Where a claim for a shared additional pension is made in accordance with regulation 30(5) of the Claims and Payments Regulations (payments on death), the prescribed time shall be the period of 3 months ending on the date of the deceased's death and beginning on any day on which, apart from satisfying the condition of making a claim, he would have been entitled to the pension.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State, Department for Work and Pensions
9 June 2005
[2] 1992 c.5. Section 73(1) amended by paragraph 49 of Schedule 2 to the Jobseekers Act 1995 (c.18). Section 191 is cited for the meaning ascribed to "prescribe".back
[3] See the Social Security Administration Act 1992, section 173(1)(b).back
[5] Sections 55A to C were inserted by the Welfare Reform and Pensions Act 1999 (c.30), Schedule 6, paragraph 3.back
[6] Definition was amended by S.I. 1991/2741, 1999/2358, 2000/1483 and 2002/2497.back
[7] Definition was inserted by S.I. 2002/3019.back
[8] Paragraph (2) was amended by S.I. 1988/1725, 1996/1460, 1999/2572 and 2002/3019.back
[9] Paragraph (h) was added by S.I. 1999/2556 and was amended by S.I. 2001/488 and 2003/1589.back
[10] Paragraph (6A) was inserted by S.I. 2003/1632.back
[11] Paragraph (11) was added by S.I. 2005/34.back
[12] Paragraph (3) was amended by S.I. 1991/2741, 1994/2319, 1999/2572 and 2002/3019.back
[13] Regulation 15B was inserted by S.I. 2005/455.back
[14] Sections 55 and 55C were substituted by s.297 of the Pensions Act 2004 (c.35).back
[15] This paragraph was amended by S.I. 1988/522.back
[16] Paragraphs (5A) to (5F) were added by S.I. 2005/455.back
[17] Paragraphs 13 and 14 were added, with effect from 6th April, 2006, by S.I. 2005/455.back
[19] Paragraph (1) was amended by S.I. 1992/1700 and 2000/2876.back
[20] Paragraph (3)(c) was amended by S.I. 1989/1642 and 1992/1700.back
[21] S.I. 1979/597. Definition was amended by S.I. 1996/1345.back
[23] Paragraph (1)(a) was amended by S.I. 1989/1642 and 2005/453.back
[25] Paragraph(2) was amended by S.I. 1983/186, 1984/1303, 1991/2742, 1995/829, 1996/425 and 2000/1483.back
[26] S.I. 1988/664. Paragraph (2) was amended by S.I. 1999/1958, 1999/2422, 1999/2739, 1999/2860 and 1999/3178.back