Explanatory note

These Regulations amend the Social Security (Claims and Payments) Regulations 1987 in respect of claims for retirement pension or graduated retirement benefit.

Regulation 2 provides for claims for a Category A or B retirement pension or graduated retirement benefit to be made in advance of the date on which a period of deferment ends.

Regulations 3 and 5 provide that the time for claiming retirement pension or graduated retirement benefit for any day on which the claimant is entitled to the pension or benefit is the period of 12 months immediately following that day, instead of the period of 3 months beginning with that day. Regulation 6 introduces the 12 month period gradually as a transitional measure.

Regulation 4 makes further provision for claims for a Category A or B retirement pension and graduated retirement benefit made on behalf of a person who has died. A person may make such a claim if the deceased was not married at the time of death. A maximum of 3 months' arrears of pension or benefit may be claimed. Where there is a claim on behalf a person who deferred his entitlement during the 12 months before his death he will be treated as having made an election in favour of an increase rather than a lump sum in respect of the deferment.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the cost of business.