Social Security Act 1989

Deferred entitlement to retirement pension

3 (1) In Schedule 1 to the Pensions Act (deferred retirement) for the words from the beginning of the Schedule to “age” in paragraph 1 there shall be substituted—

“SCHEDULE 1 Increase of Pension Where Entitlement is Deferred

Increase of pension where pensioner’s entitlement is deferred

1 Where a person’s entitlement to a Category A or Category B retirement pension is deferred,”.

(2) In paragraph 2 of that Schedule, in sub-paragraph (1), for the words “period of deferment” there shall be substituted the words “period of enhancement”.

(3) For sub-paragraph (2) of that paragraph (definitions) there shall be substituted—

“(2) In this Schedule—

• “incremental period” means any period of six days which are treated by regulations as days of increment for the purposes of this Schedule in relation to the person and the pension in question; and

• “the period of enhancement”, in relation to that person and that pension, means the period which—

  (a)

  begins on the same day as the period of deferment in question; and

  (b)

  ends on the same day as that period or, if earlier, on the day before the fifth anniversary of the beginning of that period.”

(4) In sub-paragraph (3) of that paragraph, for the words “if he had retired on attaining pensionable age” there shall be substituted the words “if his entitlement had not been deferred”.

(5) In sub-paragraph (5) of that paragraph, for the words “period of deferment” in both places where they occur there shall be substituted the words “period of enhancement”.

(6) In sub-paragraph (6) of that paragraph, for the words “if he had retired from regular employment” there shall be substituted the words “if his entitlement had not been deferred”.

(7) In paragraph 3 of that Schedule—

(a) for the words “period of deferment” there shall be substituted the words “period of enhancement”; and

(b) for the words “if he had retired from regular employment” there shall be substituted the words “if his entitlement to the pension had commenced”.

(8) In the heading preceding paragraph 4 of that Schedule, for the words “deferred retirement” there shall be substituted the words “deferred entitlement”; and in that paragraph—

(a) in sub-paragraph (1)(b)(ii) for the words “if he had retired on the date of” there shall be substituted the words “if his period of deferment had ended on the day before”, and

(b) in sub-paragraph (2)(c)(ii) for the words “if she had retired on the date of ” there shall be substituted the words “if her period of deferment had ended on the day before”.

(9) In paragraph 5 of that Schedule (married women) for sub-paragraphs (1) and (2) there shall be substituted—

“5 (1) For the purposes of paragraphs 1 to 3 above in their application to a Category B retirement pension to which a married woman is entitled by virtue of her husband’s contributions, a married woman who would have become entitled to such a pension on an earlier day if her husband’s entitlement to his Category A retirement pension had not been deferred shall be treated as having (in addition to any other period of enhancement) a period of enhancement which begins on that earlier day and ends on the same day as her husband’s period of enhancement.

(2) The reference in sub-paragraph (1) above to the day on which the woman’s husband’s period of enhancement ends shall, where the marriage is terminated before that day, be construed as a reference to the day on which the marriage is terminated.”

(10) In sub-paragraph (3) of that paragraph—

(a) for the words “if he had retired on attaining pensionable age” there shall be substituted the words “if his entitlement had not been deferred”; and

(b) for the words “if she and her husband had so retired” there shall be substituted the words “if neither her nor her husband’s entitlement to a retirement pension had been deferred”.

(11) In Schedule 20 to the principal Act (glossary of expressions) there shall be inserted at the appropriate places—

““Deferred” and “period of deferment” (in relation to entitlement to a Category A or Category B retirement pension)

See section 12 of the Pensions Act.”

““Period of deferment” (in relation to a Category A or Category B retirement pension)

See “deferred” and “period of deferment” above.”