The Social Security (Exemption from Claiming Retirement Pension) Regulations 2010

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in the case of a Category A or B retirement pension, where the beneficiary is a person to whom regulation 3A applies;

Notification that claim not required for entitlement to a Category A or B retirement pension3A

1

Subject to paragraph (4), this regulation applies to a beneficiary who has received, on or before the day provided for in paragraph (2), a written notification from the Secretary of State that no claim is required for a Category A or B retirement pension.

2

The day referred to in paragraph (1) is—

a

the day which falls 2 weeks before the day on which the beneficiary reaches pensionable age; or

b

such later day as the Secretary of State may consider reasonable in any particular case or class of case.

3

The Secretary of State may give a notification under paragraph (1) only in a case where, on the day which falls 8 weeks before the day on which the beneficiary reaches pensionable age, the beneficiary—

a

is in receipt of an exempt benefit, or would be in receipt of it but for that benefit not being payable as a result of the application of any of the legislation listed in paragraph (7); and

b

is neither entitled to, nor awaiting the determination of a claim for, a non-exempt benefit.

4

Receipt of a written notification under paragraph (1) does not affect the requirement that a beneficiary who—

a

before reaching pensionable age, informs the Secretary of State that they want their entitlement to a Category A or B retirement pension to be deferred in accordance with section 55(3)(a) of the Contributions and Benefits Act4; or

b

after reaching pensionable age, elects to be treated as not having become entitled to either a Category A or B retirement pension in accordance with regulation 2 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 19795,

must make a claim in order subsequently to be entitled to a Category A or B retirement pension.

5

For the purposes of paragraph (3)(a), a beneficiary who is in receipt of an exempt benefit includes a beneficiary who—

a

has been awarded such a benefit on or before the day which falls 8 weeks before the day on which the beneficiary reaches pensionable age; and

b

has not yet received the first payment of that benefit.

6

For the purposes of this regulation—

• “exempt benefit” means any of the following—

  1. a

     an employment and support allowance;

  2. b

     income support;

  3. c

     a jobseeker’s allowance;

  4. d

     long-term incapacity benefit;

  5. e

     state pension credit; and

• “non-exempt benefit” means any of the following—

  1. a

     carer’s allowance;

  2. b

     short-term incapacity benefit;

  3. c

     severe disablement allowance;

  4. d

     widowed mother’s allowance;

  5. e

     widow’s pension.

7

The legislation referred to in paragraph (3)(a) is—

a

section 19 of the Jobseekers Act6(circumstances in which a jobseeker’s allowance is not payable);

b

section 20A of that Act7(denial or reduction of joint-claim jobseeker’s allowance);

c

regulations made by virtue of any of the following provisions of the Jobseekers Act—

i

section 8(2)(a)8(attendance, information and evidence);

ii

section 17A(5)(d)9(schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.);

iii

paragraph 7(1)(a) of Schedule A110(persons dependent on drugs etc.);

d

regulation 18 of the Social Security (Incapacity for Work) (General) Regulations 199511(disqualification for misconduct etc.); and

e

regulation 157 of the Employment and Support Allowance Regulations (disqualification for misconduct etc.).