The Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005

• (4) The periods specified in sub-paragraphs (1) and (2) may be extended by the Department if it considers it reasonable to do so in any particular case.

• (5) Nothing in this paragraph shall prevent the making of an election on or after claiming graduated retirement benefit or Category A or Category B retirement pension, but before the issue of the notice referred to in sub-paragraph (1) or (2).

Manner of making election

20E

An election under paragraph 12(1) or 17(2) may be made—

• (a) in writing to an office specified by the Department for accepting such elections; or

• (b) except where the Department directs in any particular case that the election must be made in accordance with sub-paragraph (a), by telephone call to the telephone number specified by the Department.

Change of election

20F

• (1) Subject to sub-paragraphs (2) and (6), this paragraph applies in the case of an election which—

• (a) has been made under paragraph 12(1) or 17(2); or

• (b) has been treated as made under paragraph 12(3) or 17(4).

• (2) This paragraph does not apply in the case of an election which is—

• (a) made, or treated as made, by an elector who has subsequently died; or

• (b) treated as having been made by virtue of regulation 30(5E) or (5G) of the Claims and Payments Regulations.

• (3) An election specified in sub-paragraph (1) may be changed by way of application made no later than the last day of the period specified in sub-paragraph (4).

• (4) Subject to sub-paragraph (5), the period specified for the purposes of sub-paragraph (3) is 3 months after the date shown on the written notification issued by the Department to the elector, confirming the election which the elector has made or is treated as having made.

• (5) The period specified in sub-paragraph (4) may be extended by the Department if it considers it reasonable to do so in any particular case.

• (6) An election specified in sub-paragraph (1) may not be changed where—

• (a) there has been a previous change of election under this paragraph in respect of the same period of deferment;

• (b) the application is to change the election to one under paragraph 12(1)(a) or 17(2)(a) and any amount paid to him by way of, or on account of, a lump sum pursuant to paragraph 15 or 19, has not been repaid in full to the Department within the period specified in sub-paragraph (4) or (5); or

• (c) the application is to change the election to one under paragraph 12(1)(b) or 17(2)(b) and the amount actually paid by way of an increase of graduated retirement benefit, or actually paid on account of such an increase, would exceed the amount to which the elector would be entitled by way of a lump sum.

• (7) For the purposes of sub-paragraph (6)(b), repayment in full of the amount paid by way of, or on account of, a lump sum shall only be treated as having occurred if repaid to the Department in the currency in which that amount was originally paid.

• (8) Where the application is to change the election to one under paragraph 12(1)(b) or 17(2)(b) and sub-paragraph (6)(c) does not apply, any amount paid by way of an increase of graduated retirement benefit, or on account of such an increase, in respect of the period of deferment for which the election was originally made, shall be treated as having been paid on account of the lump sum to which the elector is entitled under paragraph 15 or 19.

• (9) An application under sub-paragraph (3) to change an election may be made—

• (a) in writing to an office specified by the Department for accepting such applications; or

• (b) except where the Department directs in any particular case that the application must be made in accordance with paragraph (a), by telephone call to the telephone number specified by the Department.