The State Pension Regulations 2015

Days which are not included in determining the period of deferral

11.—(1) In the circumstances set out in paragraph (2), a day does not count in determining a number of whole weeks for the purposes of section 17(3) of the 2014 Act.

(2) The circumstances mentioned in paragraph (1) are where the day is—

(a) a day on which the person whose entitlement to a state pension under Part 1 of the 2014 Act is deferred has received any of the following benefits—

(i) state pension credit under section 1 of the State Pension Credit Act 2002 (entitlement to state pension credit)(1);

(ii) income support under section 124 of the Contributions and Benefits Act (income support)(2);

(iii) an income-related employment and support allowance (which means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance)(3));

(iv) an income-based jobseeker’s allowance within the meaning in section 1(4) of the Jobseekers Act 1995 (the jobseeker’s allowance)(4);

(v) universal credit under Part 1 of the Welfare Reform Act 2012 (universal credit)(5);

(vi) a carer’s allowance under section 70 of the Contributions and Benefits Act (carer’s allowance)(6);

(vii) an unemployability supplement within the meaning in regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1979 (interpretation)(7);

(viii) severe disablement allowance under section 68 of the Contributions and Benefits Act (entitlement and rate of severe disablement allowance)(8);

(ix) a widow’s pension under section 39 of the Contributions and Benefits Act (rate of widowed mother’s allowance and widow’s pension)(9);

(x) a widowed mother’s allowance under section 37 of the Contributions and Benefits Act (widowed mother’s allowance)(10);

(xi) incapacity benefit under section 30A of the Contributions and Benefits Act (incapacity benefit: entitlement)(11);

(b) a day on which a person—

(i) has received an increase of any of the benefits mentioned in sub-paragraph (a) in respect of the person whose entitlement to a state pension under Part 1 of the 2014 Act is deferred; and

(ii) is married to, in a civil partnership with or residing with the person whose entitlement to a state pension under Part 1 of the 2014 Act is deferred; or

(c) a day on which the person whose entitlement to a state pension under Part 1 of the 2014 Act is deferred would not, if their entitlement was not deferred, be paid that state pension because they were a prisoner (see section 19 of the 2014 Act (prisoners) and regulations 2 and 3).

(1)

2002 c.16.

(2)

See section 22(1) of the Pensions Act 2014 for the definition of “the Contributions and Benefits Act”. Section 124 was amended by paragraph 30 of Schedule 2 and Schedule 3 to the Jobseekers Act 1995 (c.18), paragraph 28 of Schedule 8 to the Welfare Reform and Pensions Act 1999, paragraph 2 of Schedule 2 and Schedule 3 to the State Pension Credit Act 2002 (c.16), paragraph 42 of Schedule 24 to the Civil Partnership Act 2004, paragraph 9(9) and (10) of Schedule 3 and Schedule 8 to the Welfare Reform Act 2007 (c.5), section 3 of the Welfare Reform Act 2009 (c.24) and section 58(2) of the Welfare Reform Act 2012 (c.5).

(3)

2007 c.5. See in particular the definition of “income-related allowance” in section 1(7) of the Welfare Reform Act 2007.

(4)

1995 c.18. The definition of “income-based jobseeker’s allowance” was amended by paragraph 2(4)(a) of Schedule 7 to the Welfare Reform and Pensions Act 1999.

(5)

2012 c.5.

(6)

Section 70 was amended by S.I.s 1994/2556, 2002/1457, 2011/2426 and 2013/388 and 796.

(7)

S.I. 1979/597.

(8)

Section 68 has effect by virtue of S.I. 2000/2958.

(9)

Section 39 was amended by paragraph 17 of Schedule 12 to the Welfare Reform and Pensions Act 1999, paragraph 27 of Schedule 3 to the Tax Credits Act 2002 (c.21), section 6(5) of, and paragraph 3 of Schedule 2 and Schedule 7 to, the Pensions Act 2007 (c.22) and paragraph 3 of Schedule 4 to the Pensions Act 2008 (c.30).

(10)

Section 37 was amended by paragraph 2 of Schedule 1 to the Child Benefit Act 2005 (c.6), section 50 of, and Schedule 8 to, the Welfare Reform Act 2007, paragraph 18 of Schedule 24 and Schedule 30 to the Civil Partnership Act 2004 and S.I. 2014/560.

(11)

Section 30A was inserted by section 1 of the Social Security (Incapacity for Work) Act 1994 (c.18) and amended by section 64 of the Welfare Reform and Pensions Act 1999 and paragraph 14 of Schedule 24 to the Civil Partnership Act 2004.