Search Legislation

Pensions Act 2004

Changes over time for: Part 8

 Help about opening options

Changes to legislation:

Pensions Act 2004, Part 8 is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 8U.K.State pensions

Entitlement to more than one pensionE+W+S

296Persons entitled to more than one Category B retirement pensionE+W+S

In section 43(3) of the Social Security Contributions and Benefits Act 1992 (c. 4) (persons entitled to more than one retirement pension)—

(a)for paragraph (a) substitute—

(a)to both a Category A retirement pension and one or more Category B retirement pensions under this Part for the same period,

(aa)to more than one Category B retirement pension (but not a Category A retirement pension) under this Part for the same period, or, and

(b)for the words from “paragraph (a)” to “above” substitute “ paragraph (a), (aa) or (b) (as the case may be) ”.

Deferral of state pensionE+W+S

297Deferral of retirement pensions and shared additional pensionsE+W+S

(1)For section 55 of the Social Security Contributions and Benefits Act 1992 (increase of retirement pension where entitlement is deferred) substitute—

55Pension increase or lump sum where entitlement to retirement pension is deferred

(1)Where a person’s entitlement to a Category A or Category B retirement pension is deferred, Schedule 5 to this Act has effect.

(2)In that Schedule—

  • paragraph A1 makes provision enabling an election to be made where the pensioner’s entitlement is deferred

  • paragraphs 1 to 3 make provision about increasing pension where the pensioner’s entitlement is deferred

  • paragraphs 3A and 3B make provision about lump sum payments where the pensioner’s entitlement is deferred

  • paragraph 3C makes provision enabling an election to be made where the pensioner’s deceased spouse has deferred entitlement

  • paragraphs 4 to 7 make provision about increasing pension where the pensioner’s deceased spouse has deferred entitlement

  • paragraphs 7A and 7B make provision about lump sum payments where the pensioner’s deceased spouse has deferred entitlement

  • paragraphs 7C to 9 make supplementary provision.

(3)For the purposes of this Act a person’s entitlement to a Category A or Category B retirement pension is deferred if and so long as that person—

(a)does not become entitled to that pension by reason only—

(i)of not satisfying the conditions of section 1 of the Administration Act (entitlement to benefit dependent on claim), or

(ii)in the case of a Category B retirement pension payable by virtue of a spouse’s contributions, of the spouse not satisfying those conditions with respect to his Category A retirement pension, or

(b)in consequence of an election under section 54(1), falls to be treated as not having become entitled to that pension,

and, in relation to any such pension, “period of deferment” shall be construed accordingly.

(2)For section 55C of that Act (increase of shared additional pension where entitlement is deferred) substitute—

55CPension increase or lump sum where entitlement to shared additional pension is deferred

(1)Where a person’s entitlement to a shared additional pension is deferred, Schedule 5A to this Act has effect.

(2)In that Schedule—

  • paragraph 1 makes provision enabling an election to be made where the person’s entitlement is deferred

  • paragraphs 2 and 3 make provision about increasing pension where the person’s entitlement is deferred

  • paragraphs 4 and 5 make provision about lump sum payments where the person’s entitlement is deferred.

(3)For the purposes of this Act, a person’s entitlement to a shared additional pension is deferred—

(a)where he would be entitled to a Category A or Category B retirement pension but for the fact that his entitlement is deferred, if and so long as his entitlement to such a pension is deferred, and

(b)otherwise, if and so long as he does not become entitled to the shared additional pension by reason only of not satisfying the conditions of section 1 of the Administration Act (entitlement to benefit dependent on claim),

and, in relation to a shared additional pension, “period of deferment” shall be construed accordingly.

(3)In paragraph 6 of Schedule 4 to the Pensions Act 1995 (c. 26) (which, with effect from 6th April 2010, amends the existing law regarding the deferment of pensions), for sub-paragraph (5) (commencement) substitute—

(5)The preceding sub-paragraphs shall come into force as follows—

(a)sub-paragraphs (1) and (4) shall come into force on 6th April 2005;

(b)sub-paragraphs (2) and (3) shall have effect in relation to incremental periods (within the meaning of Schedule 5 to the Social Security Contributions and Benefits Act 1992 (c. 4)) beginning on or after that date.

(4)Schedule 11 (which contains further amendments relating to the deferral of retirement pensions and shared additional pensions) has effect.

Commencement Information

I1S. 297 wholly in force at 6.4.2005; s. 297(3) in force at Royal Assent and s. 297(1)(2)(4) in force for specified purposes at Royal Assent and at 6.4.2005 otherwise see s. 322

MiscellaneousU.K.

298Disclosure of state pension informationE+W+S

(1)Section 42 of the Child Support, Pensions and Social Security Act 2000 (c. 19) (disclosure of state pension information) is amended as follows.

(2)In subsection (2), for the words from the beginning to “information”, substitute, “ The Secretary of State may, in the prescribed manner, disclose or authorise the disclosure of any information ”.

(3)After subsection (3) insert—

(3A)For the purposes of this section and of any regulations made under it, anything done by or in relation to a person who—

(a)provides, or proposes to provide, relevant services to a person falling within subsection (3) (“the qualifying person”), and

(b)is authorised in writing by the qualifying person to act for the purposes of this section,

is treated as done by or in relation to the qualifying person.

In paragraph (a) “relevant services” means services that may involve the giving of advice or forecasts to which information to which this section applies may be relevant.

(4)In subsection (7)—

(a)omit the “and” at the end of paragraph (c), and

(b)after paragraph (d) insert—, and

(e)a projection of the amount of any lump sum to which that individual is likely to become entitled, or might become entitled in particular circumstances.

(5)In subsection (11)—

(a)for the definitions of “basic retirement pension” and “additional retirement pension”, substitute—

additional retirement pension” means any additional pension or shared additional pension under the Social Security Contributions and Benefits Act 1992, or any graduated retirement benefit under sections 36 and 37 of the National Insurance Act 1965;

basic retirement pension” means any basic pension under the Social Security Contributions and Benefits Act 1992;,

(b)after the definition of “employer”, insert—

lump sum” means a lump sum under Schedule 5 or 5A to the Social Security Contributions and Benefits Act 1992;, and

(c)for the definitions of “trustee” and “manager”, substitute—

trustee or manager”, in relation to an occupational or personal pension scheme, means—

(a)in the case of a scheme established under a trust, the trustee or trustees of the scheme, and

(b)in any other case, the person or persons responsible for the management of the scheme.

Commencement Information

I2S. 298 partly in force; s. 298(1)-(3)(5)(a)(c) in force at Royal Assent see s. 322

I3S. 298(4)(5)(b) in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

299Claims for certain benefits following termination of reciprocal agreement with AustraliaU.K.

(1)This section applies to claims for—

(a)retirement pension,

(b)bereavement benefit, or

(c)widow’s benefit,

made on or after 1st March 2001 (the date from which the termination of the reciprocal agreement with Australia had effect).

(2)This section also applies to claims for retirement pension or widow’s benefit made before 1st March 2001 if the claimant only became entitled to the pension or benefit on or after that date.

(3)For the purposes of such claims—

(a)the relevant provisions of the reciprocal agreement with Australia shall be treated as continuing in force as provided by this section; and

(b)the relevant UK legislation shall have effect as if modified to the extent required to give effect to those provisions (as they continue in force by virtue of this section).

(4)The relevant provisions of that agreement are treated as continuing in force as follows—

(a)references to periods during which a person was resident in Australia are only to periods spent in Australia before 6th April 2001 and forming part of a period of residence in Australia which began before 1st March 2001;

(b)Articles 3(3) and 5(2) (entitlement by virtue of previous receipt of pension in Australia) apply only to persons who were last in Australia during a period falling within paragraph (a) above;

(c)references to the territory of the United Kingdom do not include the islands of Jersey, Guernsey, Alderney, Herm or Jethou;

(d)references to widow’s benefit, widow’s payment, widow’s pension and widowed mother’s allowance include, respectively, bereavement benefit, bereavement payment, bereavement allowance and widowed parent’s allowance;

(e)for the purposes of claims by a widower—

(i)for retirement pension by virtue of his wife’s insurance, or

(ii)for bereavement benefit,

references to widows and husbands include, respectively, widowers and wives.

(5)An order made under—

(a)section 179 of the Social Security Administration Act 1992 (c. 5), or

(b)section 155 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8),

may, in consequence of a change in the law of Great Britain or, as the case may be, Northern Ireland, modify the relevant provisions of the reciprocal agreement with Australia as they are treated as continuing in force for the purposes of claims to which this section applies.

(6)For the purposes of this section—

(a)the reciprocal agreement with Australia” means the agreement set out in Schedule 1 to the Social Security (Australia) Order 1992 (S.I. 1992/ 1312) and the Social Security (Australia) Order (Northern Ireland) 1992 (S.R. 1992 No. 269) (as amended by the exchange of notes set out in Schedule 3 to those Orders);

(b)“the relevant provisions” of that agreement are the provisions of Articles 1, 3, 5, 8, 18, 20 and 24, so far as they relate to the United Kingdom;

(c)“the relevant UK legislation” is—

(i)the Social Security Contributions and Benefits Act 1992 (c. 4);

(ii)the Social Security Administration Act 1992;

(iii)the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7); and

(iv)the Social Security Administration (Northern Ireland) Act 1992;

and, for the purposes of subsection (5), a change in the law of Great Britain or Northern Ireland includes any change made after the date of the reciprocal agreement with Australia.

(7)In this section—

  • retirement pension” has the meaning given by the reciprocal agreement with Australia;

  • bereavement benefit” means bereavement payment, widowed parent’s allowance or bereavement allowance payable under the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

  • widow’s benefit” means widow’s payment, widowed mother’s allowance or widow’s pension payable under either of those Acts.

(8)This section shall be deemed to have had effect at all times on and after 1st March 2001.

(9)Nothing in this section affects Article 2(2) of the Social Security (Australia) Order 2000 (S.I. 2000/3255) or Article 2(2) of the Social Security (Australia) Order (Northern Ireland) 2000 (S.R. 2000 No. 407) (which provide for cases where a person was in receipt of benefit on 28th February 2001 or had claimed a benefit to which he was entitled on or before that date).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources