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The Social Security (Retirement Pensions) Amendment Regulations 2004

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

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3.  In the Social Security and Child Support (Decisions and Appeals) Regulations 1999(1), regulation 5 (date from which a decision revised under section 9 takes effect) shall be renumbered paragraph (1) of regulation 5 and after paragraph (1) add—

“(2) Where—

(a)a person attains pensionable age, claims a retirement pension after the prescribed time for claiming and the Secretary of State decides (“the original decision”) that he is not entitled because—

(i)in the case of a Category A retirement pension, the person has not satisfied the contribution conditions; or

(ii)in the case of a Category B retirement pension, the person’s spouse has not satisfied the contribution conditions;

(b)in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001(2) (Class 3 contributions: tax years 1996-97 to 2001-02) the Board subsequently accepts Class 3 contributions paid after the due date by the claimant or, as the case may be, the spouse;

(c)in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001(3) the contributions are treated as paid on a date earlier than the date on which they were paid; and

(d)the Secretary of State revises the original decision in accordance with regulation 11A(4)(a),

the revised decision shall take effect from—

(i)1st October 1998; or

(ii)the date on which the claimant attained pensionable age in the case of a Category A pension, or, in the case of a Category B pension, the date on which the claimant’s spouse attained pensionable age,

whichever is later.”.

(1)

S.I. 1999/991.

(2)

S.I. 2001/1004; regulation 50A was inserted by S.I. 2004/1362.

(3)

S.I. 2001/769; regulation 6A was inserted by S.I. 2004/1361.

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