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The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Changes over time for: Section 5

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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.]

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