The Social Security (Claims and Payments) Regulations 1987

Claims not required for entitlement to benefit in certain casesE+W+S

3.—[F1(1)] It shall not be a condition of entitlement to benefit that a claim be made for it in the following cases:–

[F2(za)in the case of a Category A or B retirement pension, where the beneficiary is a person to whom regulation 3A applies;]

(a)in the case of a Category C retirement pension where the beneficiary is in receipt of–

(i)another retirement pension under the Social Security Act 1975; or

(ii)widow's benefit under Chapter 1 of Part II of that Act; or

(iii)benefit by virtue of section 39(4) of that Act corresponding to a widow's pension or a widowed mother's allowance; [F3or]

[F4(iv)widowed parent’s allowance;]

(b)in the case of a Category D retirement pension where the beneficiary–

(i)was ordinarily resident in Great Britain on the day on which he attained 80 years of age; and

(ii)is in receipt of another retirement pension under the Social Security Act 1975;

(c)age addition in any case;

[F5(ca)in the case of a Category A retirement pension where the beneficiary—

(i)is entitled to any category of retirement pension other than a Category A retirement pension; and

(ii)becomes divorced or the beneficiary’s civil partnership is dissolved;]

[F6(cb)in the case of a Category B retirement pension where the beneficiary is entitled to either a Category A retirement pension or to a graduated retirement benefit or to both and

(i)the spouse or civil partner of the beneficiary becomes entitled to a Category A retirement pension [F7or a state pension under section 4 of the Pensions Act 2014]; or

(ii)the beneficiary marries or enters into a civil partnership with a person who is entitled to a Category A retirement pension [F8or a state pension under section 4 of the Pensions Act 2014];] [F9or]

[F9(iii)the spouse or civil partner of the beneficiary dies having been entitled to a Category A retirement pension [F10or a state pension under section 4 of the Pensions Act 2014] at the date of death;]

(d)in the case of a Category A or B retirement pension [F11or a state pension under Part 1 of the Pensions Act 2014]–

(i)where the beneficiary is a woman [F12who has reached pensionable age and is] entitled to a widowed mother's allowance F13..., on her ceasing to be so entitled; F14...

F14(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(da). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16(e)in the case of retirement allowance.]

F17(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(g)in the case of a jobseeker’s allowance where–

(i)payment of benefit has been suspended in the circumstance prescribed in regulation 16(2) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999; and

(ii)the claimant whose benefit has been suspended satisfies the conditions of entitlement (apart from the requirement to claim) to that benefit immediately before the suspension ends;]

[F19(h)in the case of income support where the beneficiary—

(i)is a person to whom regulation F20... [F216(5)] of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies;

(ii)was in receipt of an income-based jobseeker’s allowance [F22or an income-related employment and support allowance] on the day before the day on which he was first engaged in the work referred to in sub-paragraph (a) of [F23those paragraphs]; and

(iii)would satisfy the conditions of entitlement to income support (apart from the condition of making a claim which would apply in the absence of this paragraph) only by virtue of F24... [F25regulation 6(6)] of those Regulations.]

[F26(i)in the case of a shared additional pension where the beneficiary is in receipt of a retirement pension of any category.]

[F27(j)in the case of an employment and support allowance where—

(i)the beneficiary has made and is pursuing an appeal against a relevant decision of the Secretary of State, and

(ii)that appeal relates to a decision to terminate or not to award a benefit for which a claim was made.]

[F28(ja)in the case of a state pension under any section of Part 1 of the Pensions Act 2014 where the beneficiary is entitled to—

(i)a state pension under a different section of Part 1 of that Act; or

(ii)another state pension under the same section of Part 1 of that Act.]

[F29(2) In this regulation—

“appellate authority” means the First-tier Tribunal, the Upper Tribunal, the Court of Appeal, the Court of Session, or the Supreme Court; and

“relevant decision” means—