2011 No. 1554

Social Security

The Social Security (Exemption from Claiming Retirement Pension) Regulations 2011

Made

Laid before Parliament

Coming into force

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 1(1), 189(1), (4) and (6) and 191 of the Social Security Administration Act 19921.

In accordance with section 173(1)(b) of that Act, the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it.

Citation and commencement1

These Regulations may be cited as the Social Security (Exemption from Claiming Retirement Pension) Regulations 2011 and come into force on 11th October 2011.

Amendment of the Social Security (Claims and Payments) Regulations 19872

In paragraph (7) of regulation 3A of the Social Security (Claims and Payments) Regulations 19872 (notification that claim not required for entitlement to a Category A or B retirement pension), after sub-paragraph (c) insert—

ca

any provision of the Social Security Fraud Act 20013 and regulations made by virtue of any such provision;

Signed by authority of the Secretary of State for Work and Pensions.

Steve WebbMinister of StateDepartment for Work and Pensions
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968).

In particular, they relate to the persons who may receive a notification from the Secretary of State that they will not need to make a claim in order to be awarded a Category A or B retirement pension because they are in receipt of certain benefits 8 weeks before reaching the age for entitlement to such a pension. They provide that such notifications may also be sent to those persons who would have been in receipt of those benefits at that time but for the application of a sanction under, or by virtue of, any provision of the Social Security Fraud Act 2001 (c.11). Sanctions under, or by virtue of, that Act apply where a person has been convicted of, or has accepted a caution or an administrative penalty in respect of, an offence relating to a social security benefit.

A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.