# The Social Security (Deferral of Retirement Pensions) Regulations 2011

S.I. 2011/634 · made 3 March 2011

These Regulations amend the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 ( S.I. 1979/642) (the “1979 Regulations”) and the Social Security (Deferral of Retirement Pensions) Regulations 2005 ( S.I. 2005/453) (the “2005 Regulations”).

Made under: Social Security Contributions and Benefits Act 1992 (Section 122, Section 175, Schedule 5 paragraph 2, Schedule 5 paragraph 3B, Schedule 5 paragraph 7B)

PDFs: Printed copy https://openlegislation.uk/social-security-deferral-of-retirement-pensions-regulations-2011/pdf/uksi_20110634_en.pdf; Explanatory Memorandum https://openlegislation.uk/social-security-deferral-of-retirement-pensions-regulations-2011/pdf/uksiem_20110634_en.pdf

## Introductory text

Social Security
Made 3rd March 2011
Laid before Parliament 10th March 2011
Coming into force 6th April 2011
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 122(1) and 175(1) and (3) of, and paragraphs 2(2), 3B(5)(b)(iii) and 7B(5)(b)(iii) of Schedule 5 to, the Social Security Contributions and Benefits Act 1992.
The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it.

## 1 Citation and commencement

These Regulations may be cited as the Social Security (Deferral of Retirement Pensions) Regulations 2011 and shall come into force on 6th April 2011.

## 2 Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979

(1) Regulation 4 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (days to be treated as days of increment) is amended as follows.
(2) In paragraph (1)(b)(iii) for “and” substitute “or”.
(3) After paragraph (1)(b)(iii) insert—
“(iv) state pension credit under section 1 of the State Pension Credit Act 2002; and”.
(4) At the end of paragraph (1)(d)(ii) insert—
“; and
(e) in the case of a person who was a member of a couple, the other member of the couple was not in receipt of—
(i) income support under section 124 of the Social Security Contributions and Benefits Act 1992;
(ii) income-based jobseeker’s allowance under section 1 of the Jobseekers Act 1995;
(iii) state pension credit under section 1 of the State Pension Credit Act 2002; or
(iv) income-related employment and support allowance under section 1 of the Welfare Reform Act 2007.”.
(5) After paragraph (4) insert—
“(5) In paragraph (1), “couple” has the meaning given by section 137(1) of the Social Security Contributions and Benefits Act 1992.”.
(6) This regulation applies only in respect of a day falling on or after 6th April 2011.

## 3 Amendment of the Social Security (Deferral of Retirement Pensions) Regulations 2005

(1) Regulation 3 of the Social Security (Deferral of Retirement Pensions) Regulations 2005 (amount of retirement pension not included in the calculation of the lump sum) is amended as follows.
(2) After paragraph (1)(a)(iii) insert—
“(iv) state pension credit under section 1 of the State Pension Credit Act 2002;”.
(3) After paragraph (1)(a) insert—
“(aa) in the case of a deferrer who was a member of a couple, the other member of the couple was in receipt of—
(i) income support under section 124 of the Act;
(ii) income-based jobseeker’s allowance under section 1 of the Jobseekers Act 1995;
(iii) state pension credit under section 1 of the State Pension Credit Act 2002; or
(iv) income-related employment and support allowance under section 1 of the Welfare Reform Act 2007;”.
(4) In paragraphs (2) and (4), after “paragraph (1)(a)” insert “or (aa)”.
(5) After paragraph (5) insert—
“(5A) In paragraph (1), “couple” has the meaning given by section 137(1) of the Act.”.
(6) This regulation applies only in respect of an accrual period, or part of an accrual period, falling on or after 6th April 2011.

## Signature

Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister for Pensions,
Department for Work and Pensions
3rd March 2011

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 ( S.I. 1979/642) (the “1979 Regulations”) and the Social Security (Deferral of Retirement Pensions) Regulations 2005 ( S.I. 2005/453) (the “2005 Regulations”).
If a person defers entitlement to a state pension, that person may become entitled to a higher rate of state pension or a lump sum (“deferral benefits”), which accrue over time while the benefit remains unclaimed.
These Regulations amend regulation 4 of the 1979 Regulations and regulation 3 of the 2005 Regulations to provide that:
a person does not accrue any deferral benefits while that person is in receipt of state pension credit;
a person does not accrue any deferral benefits where that person is the member of a couple and the other member of the couple is in receipt of income support, income-based jobseeker’s allowance, state pension credit or income-related employment and support allowance.
A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sector.

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Source: https://www.legislation.gov.uk/uksi/2011/634 (the official version)
Page: https://openlegislation.uk/social-security-deferral-of-retirement-pensions-regulations-2011
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.