{
  "url": "https://openlegislation.uk/social-security-retirement-pensions-amendment-regulations-2004/regulation-2",
  "json_url": "https://openlegislation.uk/social-security-retirement-pensions-amendment-regulations-2004/regulation-2.json",
  "legislation": "uksi/2004/2283",
  "legislation_title": "The Social Security (Retirement Pensions) Amendment Regulations 2004",
  "legislation_url": "https://openlegislation.uk/social-security-retirement-pensions-amendment-regulations-2004",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Amendment of the Social Security (Claims and Payments) Regulations 1987",
  "text": "In the Social Security (Claims and Payments) Regulations 1987, in regulations 6 (date of claim), after paragraph (30) add—\n“(31) Subject to paragraph (32), where—\n(a) a person—\n(i) has attained pensionable age, but for the time being makes no claim for a Category A retirement pension; or\n(ii) has attained pensionable age and has a spouse who has attained pensionable age, but for the time being makes no claim for a Category B retirement pension;\n(b) in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001, (Class 3 contributions: tax years 1996-97 to 2001-02) the Commissioners of Inland Revenue subsequently accept Class 3 contributions paid after the due date by the person or, in the case of a Category B retirement pension, the spouse;\n(c) in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 the contributions are treated as paid on a date earlier than the date on which they were paid; and\n(d) the person claims a Category A or, as the case may be, a Category B retirement pension,\nthe claim shall be treated as made on—\n(i) 1st October 1998; or\n(ii) the date on which the person attained pensionable age in the case of a Category A retirement pension, or, in the case of a Category B retirement pension, the date on which the person’s spouse attained pensionable age,\nwhichever is later.\n(32) Paragraph (31) shall not apply where—\n(a) the person’s entitlement to a Category A or B retirement pension has been deferred by virtue of section 55(2)(a) of the Contributions and Benefits Act (increase of retirement pension where entitlement is deferred); or\n(b) the person’s nominal entitlement to a Category A or B retirement pension is deferred in pursuance of section 36(4) and (7) of the National Insurance Act 1965 (increase of graduated retirement benefit where entitlement is deferred),\nnor where sub-paragraph (a) and (b) both apply.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1987/1968."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Paragraph (30) was added by S.I. 2002/428."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 2001/1004; regulation 50A was inserted by S.I. 2004/1362."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "S.I. 2001/769; regulation 6A was inserted by S.I. 2004/1361."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Section 55 was substituted by the Pensions Act 1995 (c. 26), section 134(3)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "1965 c. 51; section 36(4) was continued in force and modified by S.I. 1978/393, regulation 3(3)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/2283/regulation/2",
    "retrieved_at": "2026-10-29T05:19:14.788587+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}