Pensions Act 2014

Section 14

SCHEDULE 10 E+W+S Pension sharing: appropriate weekly reduction under section 14

Introduction E+W+S

1 E+W+S This Schedule sets out the appropriate weekly reduction in the rate of a person's state pension for the purposes of section 14.

Commencement Information

I1 Sch. 10 para. 1 in force at 6.4.2016, see s. 56(1)(4)

Appropriate weekly reduction for person subject to old state scheme pension debit E+W+S

2 (1) This paragraph sets out the appropriate weekly reduction if the person is subject to an old state scheme pension debit. E+W+S

(2) If the person became subject to the old state scheme pension debit in or after the final relevant year, the appropriate weekly reduction is an amount equal to the person's notional rate.

(3) If the person became subject to the old state scheme pension debit before the final relevant year, the appropriate weekly reduction is an amount equal to the person's notional rate multiplied by the appropriate revaluation percentage.

(4) For the purposes of sub-paragraphs (2) and (3), a person's “notional rate” is the weekly rate of a notional pension under section 4 the cash equivalent of which would, on the valuation day, have been equal to the amount of the old state scheme pension debit.

(5) For the purposes of sub-paragraph (4) assume that the notional pension becomes payable on the later of—

(a) the day on which the person reaches pensionable age, and

(b) the valuation day.

(6) The “appropriate revaluation percentage” is the percentage specified, in relation to earnings factors for the tax year in which the person became subject to the old state scheme pension debit, by the last order under section 148 of the Administration Act to come into force before the end of the final relevant year.

(7) In this paragraph—

• “final relevant year” means the tax year immediately before that in which the person reaches pensionable age;

• “valuation day” means the day on which the person became subject to the old state scheme pension debit.

Commencement Information

I2 Sch. 10 para. 2 in force at 6.4.2016, see s. 56(1)(4)

Appropriate weekly reduction for person subject to new state scheme pension debit E+W+S

3 (1) This paragraph sets out the appropriate weekly reduction if the person is subject to a new state scheme pension debit. E+W+S

(2) If the person was over pensionable age when he or she became subject to the new state scheme pension debit, the appropriate weekly reduction is an amount equal to the amount of the debit.

(3) If the person was under pensionable age when he or she became subject to the new state scheme pension debit, the appropriate weekly reduction is an amount equal to the amount of the debit multiplied by the appropriate revaluation percentage.

(4) The “appropriate revaluation percentage” is the percentage specified, in relation to the tax year in which the person became subject to the new state scheme pension debit, by the last order under section 148AD of the Administration Act to come into force before the person reached pensionable age.

Commencement Information

I3 Sch. 10 para. 3 in force at 6.4.2016, see s. 56(1)(4)

Supplementary E+W+S

4 (1) Regulations may make provision about the calculation and verification of notional rates under paragraph 2. E+W+S

(2) The regulations may, in particular, provide—

(a) for calculation or verification in such manner as may be approved by or on behalf of the Government Actuary, or

(b) for things done under the regulations to be required to be done in accordance with guidance from time to time prepared by a person specified in the regulations.

Commencement Information

I4 Sch. 10 para. 4 in force at 5.2.2015 for specified purposes by S.I. 2015/134, art. 2(1)(4)(j)

I5 Sch. 10 para. 4 in force at 6.4.2016 so far as not brought into force earlier by an order, see s. 56(1)(4)