The Social Security (Claims and Payments) Regulations 1987

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Advance notice of retirement and claim for and award of pensionE+W+S

15.—(1) A claim for a retirement pension of any category, and for any increase in any such pension, [F1or a state pension under Part 1 of the Pensions Act 2014] [F2or a shared additional pension,] and an award on such a claim, may be made at any time not more than 4 months before the date on which the claimant will, subject to the fulfilment of the necessary conditions, become entitled to such a pension.

(2) A notice for the purpose of section 27(4) of the Social Security Act 1975 (retirement from regular employment) shall be given to the Secretary of State in writing and shall specify a date, being a date not earlier than the date on which the person giving the notice attains pensionable age and not later than the expiration of the period of 4 months after the date on which the notice is given, as the date of that person's retirement.

(3) Where the person giving notice of retirement specifies a date earlier than the date on which he attains pensionable age, the notice shall be treated as if the latter date had been specified.

(4) For the purposes of that section 27(4) the prescribed period shall be the period of 12 months.

[F3(5) Where a person claims a Category A or Category B retirement pension and is, or but for that claim would be, in receipt of [F4incapacity benefit] F5... for a period which includes the first day to which the claim relates, then if that day is not the appropriate day for the payment of retirement pension in his case, the claim shall be treated as if the first day of the claim was instead the next following such pay day.]

[F3(6) Where the spouse [F6or civil partner] of such a person as is mentioned in paragraph (5) above claims a Category A or Category B retirement pension and the first day of that claim is the same as the first day of the claim made by that person, the provisions of that paragraph shall apply also to the claim made by the spouse [F6or civil partner].]

(7) For the purposes of facilitating the determination of a subsequent claim for a Category A, B or C retirement pension [F7or a state pension under Part 1 of the Pensions Act 2014], a person may at any time not more than 4 months before the date on which he will attain pensionable age, and notwithstanding that he [F8intends to defer his entitlement to a Category A or Category B retirement pension] [F7or a state pension under Part 1 of the Pensions Act 2014] at that date, submit particulars in writing to the Secretary of State in a form approved by him for that purpose with a view to the determination (in advance of the claim) of any question under the Act [F9or the Pensions Act 2014] relating to that person's title to such a [F10pension] F11..., and subject to the necessary modifications, the provisions of these regulations shall apply to any such particulars.