# The Social Security (Retirement Pensions) Amendment Regulations 2004, Regulation 2: Amendment of the Social Security (Claims and Payments) Regulations 1987


In the Social Security (Claims and Payments) Regulations 1987, in regulations 6 (date of claim), after paragraph (30) add—
“(31) Subject to paragraph (32), where—
(a) a person—
(i) has attained pensionable age, but for the time being makes no claim for a Category A retirement pension; or
(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;
(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;
(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
(d) the person claims a Category A or, as the case may be, a Category B retirement pension,
the claim shall be treated as made on—
(i) 1st October 1998; or
(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,
whichever is later.
(32) Paragraph (31) shall not apply where—
(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
(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),
nor where sub-paragraph (a) and (b) both apply.”.

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Source: https://www.legislation.gov.uk/uksi/2004/2283/regulation/2 (the official version)
Page: https://openlegislation.uk/social-security-retirement-pensions-amendment-regulations-2004/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.