Regulation 3 Claims not required for entitlement to benefit in certain casesC1

England, Wales and Scotland

F1(1)

It shall not be a condition of entitlement to benefit that a claim be made for it in the following cases:–

F2(za)

in the case of a Category A or B retirement pension, where the beneficiary is a person to whom regulation 3A applies;

(a)

in the case of a Category C retirement pension where the beneficiary is in receipt of–

(i)

another retirement pension under the Social Security Act 1975; or

(ii)

widow's benefit under Chapter 1 of Part II of that Act; or

(iii)

benefit by virtue of section 39(4) of that Act corresponding to a widow's pension or a widowed mother's allowance; F3or

F4(iv)

widowed parent’s allowance;

(b)

in the case of a Category D retirement pension where the beneficiary–

(i)

was ordinarily resident in Great Britain on the day on which he attained 80 years of age; and

(ii)

is in receipt of another retirement pension under the Social Security Act 1975;

(c)

age addition in any case;

F5(ca)

in the case of a Category A retirement pension where the beneficiary—

(i)

is entitled to any category of retirement pension other than a Category A retirement pension; and

(ii)

becomes divorced or the beneficiary’s civil partnership is dissolved;

F6(cb)

in the case of a Category B retirement pension where the beneficiary is entitled to either a Category A retirement pension or to a graduated retirement benefit or to both and

(i)

the spouse or civil partner of the beneficiary becomes entitled to a Category A retirement pension F7or a state pension under section 4 of the Pensions Act 2014; or

(ii)

the beneficiary marries or enters into a civil partnership with a person who is entitled to a Category A retirement pension F8or a state pension under section 4 of the Pensions Act 2014; F9or

(iii)

the spouse or civil partner of the beneficiary dies having been entitled to a Category A retirement pension F10or a state pension under section 4 of the Pensions Act 2014 at the date of death;

(d)

in the case of a Category A or B retirement pension F11or a state pension under Part 1 of the Pensions Act 2014–

(i)

where the beneficiary is a woman F12who has reached pensionable age and is entitled to a widowed mother's allowance F13..., on her ceasing to be so entitled; F14...

(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(da)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(e)

in the case of retirement allowance.

F17(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(g)

in the case of a jobseeker’s allowance where–

(i)

payment of benefit has been suspended in the circumstance prescribed in regulation 16(2) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999; and

(ii)

the claimant whose benefit has been suspended satisfies the conditions of entitlement (apart from the requirement to claim) to that benefit immediately before the suspension ends;

F19(h)

in the case of income support where the beneficiary—

(i)

is a person to whom regulation F20... F216(5) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies;

(ii)

was in receipt of an income-based jobseeker’s allowance F22or an income-related employment and support allowance on the day before the day on which he was first engaged in the work referred to in sub-paragraph (a) of F23those paragraphs; and

(iii)

would satisfy the conditions of entitlement to income support (apart from the condition of making a claim which would apply in the absence of this paragraph) only by virtue of F24... F25regulation 6(6) of those Regulations.

F26(i)

in the case of a shared additional pension where the beneficiary is in receipt of a retirement pension of any category.

F27(j)

in the case of an employment and support allowance where—

(i)

the beneficiary has made and is pursuing an appeal against a relevant decision of the Secretary of State, and

(ii)

that appeal relates to a decision to terminate or not to award a benefit for which a claim was made.

F28(ja)

in the case of a state pension under any section of Part 1 of the Pensions Act 2014 where the beneficiary is entitled to—

(i)

a state pension under a different section of Part 1 of that Act; or

(ii)

another state pension under the same section of Part 1 of that Act.

F29(2)

In this regulation—

“appellate authority” means the First-tier Tribunal, the Upper Tribunal, the Court of Appeal, the Court of Session, or the Supreme Court; and
“relevant decision” means—
1. (a)
  a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work; or
2. (b)
  a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work since a previous determination by the Secretary of State or appellate authority that the claimant does have limited capability for work.

Annotations

Textual amendments

F1: Reg. 3(1): reg. 3 renumbered as reg. 3(1) (with application in accordance with reg. 2 of the amending S.I.) by The Employment and Support Allowance (Repeat Assessments and Pending Appeal Awards) (Amendment) Regulations 2015 (S.I. 2015/437), regs. 1, 5(2)
F2: Reg. 3(za) inserted (2.11.2010) by The Social Security (Exemption from Claiming Retirement Pension) Regulations 2010 (S.I. 2010/1794), regs. 1, 2(2)
F3: Reg. 3(a)(iv) and word added (9.4.2001) by The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 (S.I. 2000/1483), regs. 1, 9(3)(a)
F4: Reg. 3(1)(a)(iv) substituted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(3)(a)
F5: Reg. 3(ca)(cb) inserted (24.9.2007) by The Social Security (Miscellaneous Amendments) (No.4) Regulations 2007 (S.I. 2007/2470), regs. 1, 2(2)(a)
F6: Reg. 3(cb) substituted (17.3.2008) by The Social Security (Claims and Payments) Amendment Regulations 2008 (S.I. 2008/441), regs. 1, 2(2)
F7: Words in reg. 3(1)(cb)(i) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(3)(a)
F8: Words in reg. 3(1)(cb)(ii) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(3)(a)
F9: Reg. 3(cb)(iii) and word added (13.7.2009) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/1490), regs. 1, 2(3)
F10: Words in reg. 3(1)(cb)(iii) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(3)(a)
F11: Words in reg. 3(1)(d) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(3)(b)
F12: Words in reg. 3(1)(d)(i) substituted (6.12.2018) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(3), 5(2)(a)(i)
F13: Words in reg. 3(1)(d)(i) omitted (6.12.2018) by virtue of The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(3), 5(2)(a)(ii)
F14: Reg. 3(1)(d)(ii) and word omitted (6.12.2018) by virtue of The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(3), 5(2)(b)
F15: Reg. 3(1)(da) omitted (coming into force in accordance with art. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(3)(c)
F16: Reg. 3(1)(e) added (10.4.1989) by The Social Security (Claims and Payments and Payments on account, Overpayments and Recovery) Amendment Regulations 1989 (S.I. 1989/136), regs. 1(1), 2(2)
F17: Reg. 3(1)(f) repealed (13.4.1995) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 (S.I. 1994/2943), regs. 1(1), 2
F18: Reg. 3(g) substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 6 para. 3 (with reg. 3(1)(b), Schs. 21-23)
F19: Reg. 3(h) added (4.10.1999) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/2556), regs. 1, 7
F20: Words in reg. 3(h)(i) omitted (25.10.2004) by virtue of The Social Security (Back to Work Bonus and Lone Parent Run-on) (Amendment and Revocation) Regulations 2003 (S.I. 2003/1589), regs. 1(1), 5(a)
F21: Words in reg. 3(h)(i) inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 11(2)(a)
F22: Words in reg. 3(h)(ii) inserted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 11(a)
F23: Words in reg. 3(h)(ii) substituted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 11(2)(b)
F24: Words in reg. 3(h)(iii) omitted (25.10.2004) by virtue of The Social Security (Back to Work Bonus and Lone Parent Run-on) (Amendment and Revocation) Regulations 2003 (S.I. 2003/1589), regs. 1(1), 5(b)
F25: Words in reg. 3(h)(iii) inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 11(2)(c)
F26: Reg. 3(i) added (6.7.2005) by The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1551), regs. 1(1)(a), 2(3) (with reg. 10)
F27: Reg. 3(1)(j) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Employment and Support Allowance (Repeat Assessments and Pending Appeal Awards) (Amendment) Regulations 2015 (S.I. 2015/437), regs. 1, 5(3)
F28: Reg. 3(1)(ja) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(3)(d)
F29: Reg. 3(2) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Employment and Support Allowance (Repeat Assessments and Pending Appeal Awards) (Amendment) Regulations 2015 (S.I. 2015/437), regs. 1, 5(4)

Modifications

C1: Reg. 3 modified by SI 2010/1907 Sch. 2 para. 18 (as amended) (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 17(9)(b)(ii)

Notes on the whole SI

Textual amendments

F1: Words in Instrument substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), Sch. 6 para. 1 (with reg. 3(1)(b), Schs. 21-23)