Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 19993
In the Social Security and Child Support (Decisions and Appeals) Regulations 199910, 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 200111 (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 200112 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.