Social Security Citation and commencement 1 These Regulations may be cited as the Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 2010 and shall come into operation on 2nd November 2010. Amendment of the Social Security (Claims and Payments) Regulations 2 1 The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (4). 2 In regulation 3 (claims not required for entitlement to benefit in certain cases) before paragraph (a) insert— za in the case of a Category A or B retirement pension where the beneficiary is a person to whom regulation 3A applies; . 3 After regulation 3 insert— Notification that claim not required for entitlement to a Category A or B retirement pension 3A 1 Subject to paragraph (4), this regulation applies to a beneficiary who has received, on or before the day provided for in paragraph (2), a written notification from the Department that no claim is required for a Category A or B retirement pension. 2 The day referred to in paragraph (1) is— a the day which falls 2 weeks before the day on which the beneficiary reaches pensionable age; or b such later day as the Department may consider reasonable in any particular case or class of case. 3 The Department may give a notification under paragraph (1) only in a case where, on the day which falls 8 weeks before the day on which the beneficiary reaches pensionable age, the beneficiary— a is in receipt of an exempt benefit, or would be in receipt of it but for that benefit not being payable as a result of the application of any of the provisions listed in paragraph (7); and b is neither entitled to, nor awaiting the determination of a claim for, a non-exempt benefit. 4 Receipt of a written notification under paragraph (1) does not affect the requirement that beneficiaries who— a before reaching pensionable age, inform the Department that they want their entitlement to a Category A or B retirement pension to be deferred in accordance with section 55(3)(a) of the Contributions and Benefits Act ; or b after reaching pensionable age, elect to be treated as not having become entitled to either a Category A or B retirement pension in accordance with regulation 2 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979 , must make a claim in order subsequently to be entitled to a Category A or B retirement pension. 5 For the purposes of paragraph (3)(a), a beneficiary who is in receipt of an exempt benefit includes a beneficiary who— a has been awarded such a benefit on or before the day which falls 8 weeks before the day on which the beneficiary reaches pensionable age; and b has not yet received the first payment of that benefit. 6 For the purposes of this regulation— “exempt benefit” means any of the following— an employment and support allowance; income support; a jobseeker’s allowance; long-term incapacity benefit; state pension credit; “non-exempt benefit” means any of the following— carer’s allowance; short-term incapacity benefit; severe disablement allowance; widowed mother’s allowance; widow’s pension. 7 The provisions referred to in paragraph (3)(a) are— a Article 21 of the Jobseekers Order (circumstances in which a jobseeker’s allowance is not payable); b Article 22A of that Order (denial or reduction of joint-claim jobseeker’s allowance); c regulations made by virtue of— i Article 10(2) (attendance, information and evidence), ii Article 19A(5)(d) (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.), of that Order; d regulation 18 of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 (disqualification for misconduct, etc.); and e regulation 157 of the Employment and Support Allowance Regulations (disqualification for misconduct, etc.). . 4 In regulation 4(11) (making a claim for benefit)— a for “or retirement pension” substitute “, a retirement pension, a bereavement benefit or a social fund payment for funeral expenses”; and b for “the telephone number specified by the Department” substitute “a telephone number specified by the Department for the purpose of the benefit for which the claim is made”. Sealed with the Official Seal of the Department for Social Development on 29th September 2010 (L.S.) Anne McCleary A senior officer of the Department for Social Development