The Social Security (National Insurance Credits) Amendment Regulations 2007

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

3.—(1) Regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999(1) (revision of decisions) is amended in accordance with the following paragraphs.

(2) At the beginning of paragraph (5)(a) insert “except where paragraph (5ZA) applies”.

(3) After paragraph (5) insert—

“(5ZA) This paragraph applies where—

(a) the decision which would otherwise fall to be revised is a decision to award a benefit specified in paragraph (5ZB), whether or not the award has already been put in payment;

(b) that award was based on the satisfaction by a person of the contribution conditions, in whole or in part, by virtue of credits of earnings for incapacity for work or approved training in the tax years from 1993-94 to 2007-08;

(c) the official error derives from the failure to transpose correctly information relating to those credits from the Department for Work and Pensions’ Pension Strategy Computer System to Her Majesty’s Revenue and Customs’ computer system (NIRS2) or from related clerical procedures; and

(d) that error has resulted in an award to the claimant which is more advantageous to him than if the error had not been made.

(5ZB) The specified benefits are—

(a) bereavement allowance;

(b) contribution-based jobseeker’s allowance;

(c) incapacity benefit;

(d) retirement pension;

(e) widowed mother’s allowance;

(f) widowed parent’s allowance; and

(g) widow’s pension.

(5ZC) In paragraph (5ZA)(b), “tax year” has the meaning ascribed to it by section 122(1) of the Contributions and Benefits Act.”.

(1)

S.I.1999/991; relevant amending instruments are S.I.1999/1662, 2570 and 2677, 2000/897 and 1982, 2001/1711, 2002/428, 490, 1379 and 1703, 2003/1886, 2005/337 and 2677 and 2006/832.