SCHEDULES

SCHEDULE 9PENSION SHARING: UP-RATING STATE PENSION UNDER SECTION 13

Rate of section 13 pension, when added to any priority pension, straddles the full rate

5.—(1) The rate of the person’s state pension under section 13 is to be increased under this paragraph if—

(a)the total amount of any state pension that has priority is less than the full rate of the state pension, but

(b)the rate of the state pension under section 13, when added to the total amount of any state pension that has priority, exceeds the full rate.

(2) If at any time the full rate of the state pension is increased, the rate of the person’s state pension under section 13 is increased (at that time) by an amount equal to the appropriate percentage of the shortfall immediately before that time.

(3) If at any time an order under section 132B of the Administration Act comes into operation, the rate of the person’s state pension under section 13 is increased (at that time) by an amount equal to the appropriate percentage of the excess immediately before the order comes into operation.

(4) In this paragraph—

“the appropriate percentage”—

(a)

in sub-paragraph (2), means the percentage by which the full rate is increased;

(b)

in sub-paragraph (3), means the percentage specified in the order;

“the excess” means the amount by which the rate of the state pension under section 13, when added to the total amount of any state pension that has priority, exceeds the full rate;

“the shortfall” means the amount by which the total amount of any state pension that has priority is less than the full rate.