Changing a choice of lump sum or survivor’s pension
6.—(1) Any choice under section 8(2) of the 2014 Act to be paid—
(a)a lump sum under section 8 of that Act; or
(b)a state pension under section 9 of that Act,
may be altered in the circumstances specified in paragraph (2).
(2) The circumstances referred to in paragraph (1) are—
(a)the person who made the choice has not subsequently died;
(b)an application is made to alter the choice;
(c)the application is made within—
(i)the period of three months starting on the date in the notification issued by the Secretary of State which confirms the choice that has been made; or
(ii)such longer period as the Secretary of State considers reasonable in any particular case;
(d)the application is made in the manner set out in—
(i)regulation 5(2)(a), where the Secretary of State directs in any particular case that the manner in regulation 5(2)(a) must be used; or
(ii)regulation 5(2)(a) or (b), in all other cases;
(e)where the application is to alter the choice so that it becomes a choice to be paid a state pension under section 9 of the 2014 Act, any amount paid by way of (or on account of) a lump sum under section 8 of the 2014 Act has been repaid to the Secretary of State—
(i)in full;
(ii)within the period mentioned in sub-paragraph (c); and
(iii)in the currency in which that amount was originally paid;
(f)where the application is to alter the choice so that it becomes a choice to be paid a lump sum under section 8 of the 2014 Act, any amount paid by way of (or on account of) a state pension under section 9 of the 2014 Act would be less than the amount which would be paid as a lump sum under section 8 of the 2014 Act;
(g)no previous alteration has been made under this regulation in respect of the same deferral mentioned in section 8(1)(c) of the 2014 Act; and
(h)the choice has not been treated as made under regulation 30(5G) of the Social Security (Claims and Payments) Regulations 1987 (payments on death)(1).
(3) Where the circumstance in paragraph (2)(f) applies, any amount paid by way of (or on account of) a state pension under section 9 of the 2014 Act in respect of the deferral mentioned in section 8(1)(c) of the 2014 Act for which the choice was originally made is to be treated as having been paid on account of the lump sum to be paid under section 8 of the 2014 Act.
S.I. 1987/1968. Regulation 30(5G) was inserted by S.I. 2005/3078.