Regulation 5 Date from which a decision revised under section 9 takes effect
England, Wales and Scotland
Where, on a revision under section 9, the Secretary of State F2or the Board or an officer of the Board decides that the date from which the decision under section 8 or 10 (“the original decision”) took effect was erroneous, the decision under section 9 shall take effect on the date from which the original decision would have taken effect had the error not been made.
Where—
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—
in the case of a Category A retirement pension, the person has not satisfied the contribution conditions; or
in the case of a Category B retirement pension, the person’s spouse F4or civil partner has not satisfied the contribution conditions;
in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001 (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 F5or civil partner;
in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 the contributions are treated as paid on a date earlier than the date on which they were paid; and
the Secretary of State revises the original decision in accordance with regulation 11A(4)(a),
the revised decision shall take effect from—
1 st October 1998; or
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 F6or civil partner attained pensionable age,
whichever is later.
Annotations
Textual amendments
- F1
Reg. 5(1): reg. 5 renumbered as reg. 5(1) (27.9.2004) by Social Security (Retirement Pensions) Amendment Regulations 2004 (S.I. 2004/2283), regs. 1, 3
- F2
Words in reg. 5 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 8
- F3
Reg. 5(2) added (27.9.2004) by Social Security (Retirement Pensions) Amendment Regulations 2004 (S.I. 2004/2283), regs. 1, 3
- F4
Words in reg. 5(2)(a)(ii) inserted (5.12.2005) by Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005 (S.I. 2005/2878), regs. 1, 8(3)
- F5
Words in reg. 5(2)(b) inserted (5.12.2005) by Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005 (S.I. 2005/2878), regs. 1, 8(3)
- F6
Words in reg. 5(2)(ii) inserted (5.12.2005) by Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005 (S.I. 2005/2878), regs. 1, 8(3)
Notes on Part II
Textual amendments
- F1
Pts. II III IV revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) , regs. 1(1) , 34(a) (with reg. 35 )
- F2
Words in Pt. II added (3.3.2003 for specified purposes and ) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185) , reg. 1(1) (2) 4 (with reg. 14(3) ) (see S.I. 2003/192, art. 3, Sch.)