Explanatory note

This Regulation amends the Social Security (Claims and Payments) Regulations 1987.

Regulation 2 amends regulation 3 of those Regulations by substituting a new paragraph (cb). This extends the list of exceptions to the general rule that it is necessary to make a claim to be entitled to benefit. The new exception means that when a person’s spouse or civil partner is awarded a Category A retirement pension, that person can be awarded a Category B retirement pension without having to claim it, providing that they are already entitled to either a Category A retirement pension or to a graduated retirement benefit.

It also amends the current provision to clarify that when a person who is entitled to a Category A retirement pension or a graduated retirement benefit marries or enters into a civil partnership, they can be awarded a Category B retirement pension only if their spouse or civil partner is entitled to a Category A retirement pension.

A full regulatory impact assessment has not been carried out in respect of these Regulations as they do not impose a cost on business, charities or the voluntary sector.