Explanatory note

Regulation 2(2) and (3) amends the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (“the Claims and Payments Regulations”) to provide that a person will not need to make a claim for a Category A or B retirement pension where they have received a notification from the Department for Social Development (“the Department”) that no claim is required, except where the person defers entitlement to such a pension or elects to be treated as having not retired.

This exemption from making a claim only applies where such a notification is received by the day falling 2 weeks before the day on which the person reaches pensionable age, or by such later date as the Department considers reasonable in any particular case or class of case.

A notification may only be given where on the day which falls 8 weeks before the day on which the person reaches pensionable age, that person is—

• in receipt of an employment and support allowance, income support, a jobseeker’s allowance, long-term incapacity benefit or state pension credit (or would be in receipt of any of those benefits but for the application of any of the provisions listed in regulation 3A(7) of the Claims and Payments Regulations); and

• not entitled to, or awaiting the determination of a claim for, carer’s allowance, short-term incapacity benefit, severe disablement allowance, widowed mother’s allowance or widow’s pension.

Regulation 2(4) amends regulation 4(11) of the Claims and Payments Regulations to allow a claim for a bereavement benefit (bereavement payment, widowed parent’s allowance or bereavement allowance) or a social fund payment for funeral expenses to be made by telephone call to a number specified by the Department.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.