The Social Security (Additional Pension) (Contributions Paid in Error) Regulations 1996

Prescribed conditions for the application of section 61A of the Contributions and Benefits Act

2.—(1) The prescribed conditions for the application, in the case of an individual, of section 61A of the Contributions and Benefits Act (which provides for cases where primary Class 1 contributions have been paid in error) are—

(a) that the Secretary of State is satisfied that the error was not made with the individual’s consent or connivance or attributable to any negligence on the individual’s part;

(b) that none of the contributions in question have been returned to the individual in accordance with regulation 32 of the Social Security (Contributions) Regulations 1979(1) (which provides for the return of contributions overpaid or paid in error); and

(c) that, by the date on which the individual reaches pensionable age(2), or such later date as the Secretary of State considers reasonable in a particular case, the Secretary of State has not received written notification from the individual in accordance with paragraph (2).

(2) The written notification referred to in paragraph (1)(c) is a notice stating that the individual does not wish regulation 3 to apply in his case.

(3) In a case where the individual in question has died, a reference to the individual in this regulation, except in paragraph (1)(a), shall include a reference to his surviving spouse.

(1)

S.I. 1979/591; relevant amending instruments are S.I. 1984/77, 1992/97 and 1992/1440.

(2)

See section 126 of, and Part I of Schedule 4 to, the Pensions Act 1995, which provide for the progressive equalisation of pension age for men and women from 6th April 2010.