C2C3C4C5Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
C2

Pt. II (ss. 20-62) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).

C4

Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)

C5

Pt. II modified (temp. from 1.12.1999 to 5.10.2002) by S.I. 1999/3147 (N.I. 11), art. 49(7)(a) (the temp. modification lapsing on the coming into operation of S.R. 2001/441, which modifies specified provisions of Pt. II, on 6.10.2002)

Retirement pensions (Categories A and B)

44 Category A retirement pension.

1

A person shall be entitled to a Category A retirement pension if—

a

he is over pensionable age; and

F16b

he satisfies the relevant conditions or condition;

and, subject to the provisions of this Act, he shall become so entitled on the day on which he attains pensionable age and his entitlement shall continue throughout his life.

F171A

In subsection (1)(b) above “the relevant conditions or condition” means—

a

in a case where the person attains pensionable age before 6th April 2010, the conditions specified in Schedule 3, Part 1, paragraph 5;

b

in a case where the person attains pensionable age on or after that date, the condition specified in Schedule 3, Part 1, paragraph 5A.

2

A Category A retirement pension shall not be payable in respect of any period falling before the day on which the pensioner’s entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(l) of the Administration Act.

3

A Category A retirement pension shall consist of—

a

a basic pension payable at a weekly rate; and

b

an additional pension payable where there are one or more surpluses in the pensioner’s earnings factors for the relevant years.

F14

The weekly rate of the basic pension shall be F19£115∙95 except that, so far as the sum is relevant for the purpose of calculating the lower rate of short-term incapacity benefit under section 30B(3) above, it shall be F20£101∙10.

In this subsection “the lower rate” means the rate payable for the first 196 days of entitlement in any period of incapacity for work.

C1F25A

For the purpose of this section and section 45 below F3and F14Schedules 4A and 4B to this Act—

a

there is a surplus in the pensioner’s earnings factor for a relevant year if that factor exceeds the qualifying earnings factor for F4that year,

b

the amount of the surplus is the amount of that excess, and

c

for the purposes of section 45(1) and (2)(a) and (b) below, the adjusted amount of the surplus is the amount of that excess, as increased by the last order under section 130 of the Administration Act to come into operation before the end of the final relevant year.

6

F5Subject to subsection (7A) below any reference in this section or section 45 below F6or F15Schedule 4A or 4B to this Act to the pensioner’s earnings factor for any relevant year is a reference—

F7za

where the relevant year is the first appointed year or any subsequent year, to the aggregate of his earnings factors derived from F8so much of his earnings as did not exceed F12the applicable limit and upon which primary Class 1 contributions have been paid or treated as paid in respect of that year;

a

where the relevant year is 1987-88 or any subsequent tax year F9before the first appointed year, to the aggregate of—

i

his earnings factors derived from earnings upon which primary Class 1 contributions were paid or treated as paid in respect of that year, and

F10ii

his earnings factors derived from Class 2 and Class 3 contributions actually paid in respect of that year, or, if less, the qualifying earnings factor for that year; and

b

where the relevant year is an earlier tax year, to the aggregate of—

i

his earnings factors derived from Class 1 contributions actually paid by him in respect of that year; and

ii

his earnings factors derived from Class 2 and Class 3 contributions actually paid by him in respect of that year, or, if less, the qualifying earnings factor for that year.

7

In this section—

a

“relevant year” means 1978-79 or any subsequent tax year in the period between—

i

(inclusive) the tax year in which the pensioner attained the age of 16, and

ii

(exclusive) the tax year in which he attained pensionable age;

b

“final relevant year” means the last tax year which is a relevant year in relation to the pensioner;

F13c

“the applicable limit” means—

i

in relation to a tax year before F182009–10, the upper earnings limit;

ii

in relation to F182009–10 or any subsequent tax year, the upper accrual point.

F117A

The Department may prescribe circumstances in which pensioners’ earnings factors for any relevant year may be calculated in such manner as may be prescribed.

8

For the purposes of this section any order under Article 23 of the Pensions Order (which made provision corresponding to section 130 of the Administration Act) shall be treated as an order under section 130 (but without prejudice to sections 16 and 17 of the M1Interpretation Act 1978).