Regulation 17 Provisions relating to age addition for persons not in receipt of a retirement pension
For the purposes of section 40(2) of the Act (age addition for persons over the age of 80 who are not entitled to a retirement pension but are in receipt of certain other payments) the prescribed enactments and instruments shall be—
Chapter IV or V of Part II of the Act;
any scheme made under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975;
any Service Pensions Instrument;
any scheme made under the Personal Injuries (Emergency Provisions) Act 1939 or under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939;
any 1914-1918 War Injuries Scheme;
section 36 of the Act (F1severe disablement allowance);
section 37 of the Act (F2carer’s allowance).
the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;
sections 36 and 37 of the National Insurance Act 1965 as continued in force by the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978.
The following shallF5, subject to paragraph (3), be additional conditions of entitlement to age addition under section 40(2) of the Act:—
that the person concerned is in receipt of a payment under an enactment or instrument specified in paragraph (1), by reference to which the amount of a retirement pension would, if it were otherwise payable to him, be extinguished by virtue of any regulations made under section 85(1)(a) of the Act (overlapping benefits); and
that had he made a claim for it, he would have been entitled to a retirement pension of any category by virtue of any provision of the Act or any regulations made under it.
Paragraph (2) shall not apply to a person who is in receipt of a payment under the enactment specified in paragraph (1)(h).
Annotations
Textual amendments
- F1
Words in reg. 17(1)(f) substituted (29.11.1984) by The Social Security (Severe Disablement Allowance) Regulations 1984 (S.I. 1984/1303), regs. 1, 11, Sch. 2
- F2
Words in reg. 17 substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1 2
- F3
Reg. 17(1)(ga) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 4(3)
- F4
Reg. 17(1)(h) inserted (7.6.1993) by The Social Security (Widow's Benefit and Retirement Pensions) Amendment Regulations 1993 (S.I. 1993/1242), regs. 1, 2(2)
- F5
Words in reg. 17(2) inserted (7.6.1993) by The Social Security (Widow's Benefit and Retirement Pensions) Amendment Regulations 1993 (S.I. 1993/1242), regs. 1, 2(3)
- F6
Reg. 17(3) inserted (7.6.1993) by The Social Security (Widows Benefit and Retirement Pensions) Amendment Regulations 1993 (S.I. 1993/1242), regs. 1, 2(4)