The Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

The regulations contained in this instrument are made before the end of the period of six months beginning with the coming into force of sections 30(3) and 40 of, and Schedule 4 to, the Child Support, Pensions and Social Security Act 2000 (c. 19) on 8th January 2001 and are made by virtue of those provisions. They are accordingly exempt from the requirement to refer them to the Social Security Advisory Committee.

These Regulations make additional provision for the calculation of the state second pension (the additional pension element of a state retirement pension from 6th April 2002), and for conditions to be satisfied, in certain circumstances, in order for a person to be treated as precluded from regular employment due to responsibilities at home and therefore entitled to additional pension by virtue of section 44A of the Social Security Contributions and Benefits Act 1992 (c. 4) (“the Contributions and Benefits Act”). These Regulations also amend the Social Security Pensions (Home Responsibilities) Regulations 1994 (S.I. 1994/704) (“the 1994 Regulations”) to specify a time limit for providing the Secretary of State with information where a person is to be treated as precluded from regular employment after 5th April 2002 due to responsibilities at home.

Regulation 1 defines certain terms used in the Regulations.

Regulation 2 provides for the calculation of the additional pension where a contributions equivalent premium is paid or treated as paid.

Regulation 3 provides for the calculation of the additional pension where an earner has earnings in a year derived partly from non-contracted-out employment and partly from employment qualifying him for a pension provided by a contracted-out scheme.

Regulation 4 provides for the calculation of the additional pension where an earner has earnings in a year derived partly from non-contracted-out employment and partly from employment qualifying him for a pension provided by an appropriate personal pension scheme.

Regulation 5 provides for the calculation of the additional pension where an earner has earnings in a year derived partly from employment qualifying him for a pension provided by a contracted-out scheme and partly employment qualifying him for a pension provided by an appropriate personal pension scheme or, partly from such employments together with earnings derived partly from non-contracted-out employment.

Regulation 6 specifies the conditions one of which must be satisfied in order for a person to be treated as precluded from regular employment due to responsibilities at home (and therefore entitled to additional pension by virtue of section 44A of the Contributions and Benefits Act).

Regulation 7 amends paragraph (5) of regulation 2 of the 1994 Regulations to provide that, in relation to the year 2002–2003 and any subsequent year, where, within a period of three years following the end of the year in question the individual fails to provide the Secretary of State with such information as he may require for the purpose of determining whether in that year the individual was precluded from regular employment due to responsibilities at home, that individual is not to be treated as having been so precluded in that year.

These Regulations do not impose any costs on business.