# The Social Security (Claims and Payments) Regulations 1987, Regulation 3: Claims not required for entitlement to benefit in certain cases

Extent: E+W+S

(1) It shall not be a condition of entitlement to benefit that a claim be made for it in the following cases:–
(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; or
(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;
(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;
(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 or 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 or a state pension under section 4 of the Pensions Act 2014; or
(iii) the spouse or civil partner of the beneficiary dies having been entitled to a Category A retirement pension or 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 or a state pension under Part 1 of the Pensions Act 2014–
(i) where the beneficiary is a woman who has reached pensionable age and is entitled to a widowed mother's allowance ..., on her ceasing to be so entitled; ...
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) in the case of retirement allowance.
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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;
(h) in the case of income support where the beneficiary—
(i) is a person to whom regulation ... 6(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 or 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 those 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 ... regulation 6(6) of those Regulations.
(i) in the case of a shared additional pension where the beneficiary is in receipt of a retirement pension of any category.
(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.
(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.
(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—
(a)a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work; or
(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.

---
Source: https://www.legislation.gov.uk/uksi/1987/1968/regulation/3 (the official version)
Page: https://openlegislation.uk/social-security-claims-and-payments-regulations-1987/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.