{
  "url": "https://openlegislation.uk/social-security-and-child-support-decisions-and-appeals-regulations-1999/regulation-5",
  "json_url": "https://openlegislation.uk/social-security-and-child-support-decisions-and-appeals-regulations-1999/regulation-5.json",
  "legislation": "uksi/1999/991",
  "legislation_title": "The Social Security and Child Support (Decisions and Appeals) Regulations 1999",
  "legislation_url": "https://openlegislation.uk/social-security-and-child-support-decisions-and-appeals-regulations-1999",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Date from which a decision revised under section 9 takes effect",
  "text": "(1) Where, on a revision under section 9, the Secretary of State or 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.\n(2) Where—\n(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—\n(i) in the case of a Category A retirement pension, the person has not satisfied the contribution conditions; or\n(ii) in the case of a Category B retirement pension, the person’s spouse or civil partner has not satisfied the contribution conditions;\n(b) 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 or civil partner;\n(c) 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\n(d) the Secretary of State revises the original decision in accordance with regulation 11A(4)(a),\nthe revised decision shall take effect from—\n(i) 1 st October 1998; or\n(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 or civil partner attained pensionable age,\nwhichever is later.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 5(2) added (27.9.2004) by Social Security (Retirement Pensions) Amendment Regulations 2004 (S.I. 2004/2283), regs. 1, 3"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/991/regulation/5",
    "retrieved_at": "2026-10-29T10:52:23.255868+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}