Explanatory note

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.