The Transfer of State Pensions and Benefits Regulations 2007

Transferable rights

2.—(1) In these Regulations, “ transferable rights” means, subject to [F1 paragraphs (2) to (2B)], any rights to relevant benefits, which, at the guarantee date, have accrued to, or in respect of, a person by virtue of—

(a) the payment by that person of Class 1, 2 or 3 contributions under [F2 the 1992 Acts];

(b) that person having been credited with such contributions or with earnings; or

(c) contributions of any class paid under the National Insurance Act 1965 [F3 and the National Insurance Act (Northern Ireland) 1966].

(2) Paragraph (1) does not include—

(a) any rights under—

(i) section 48 of [F4 the 1992 Acts] (use of former spouse's contributions); or

(ii) sections 82 to 86A of [F5 those Acts] (adult dependency increases); or

(b) the cash equivalent of the value of the appropriate national health service allocation under section 162 of the Social Security Administration Act 1992 M1 [F6 and section 142 of the Social Security Administration (Northern Ireland) Act 1992].

[F7 (2A) Paragraph (1) does not include any such rights which are referable to the period specified in paragraph (2B).

(2B)  The period referred to in paragraph (2A) is the period commencing on the date on which the person begins active employment as an official of the EU and ending on the date on which the person ceases such employment, excluding any period of—

(a) secondment; or

(b) leave on personal grounds.]

(3) In determining a person's rights to relevant benefits for the purposes of this regulation, regulation 6(1) of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 M2 [F8 and regulation 6(1) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979] (benefit at reduced rates for those who do not satisfy contribution conditions in full) shall have effect as if the words from “provided” to the end of [F9 each of those paragraphs] were omitted.

[F10 (4) In determining a person’s rights to relevant benefits for the purposes of this regulation, regulation 13 of the State Pension Regulations 2015 (minimum number of qualifying years), and any provisions in Northern Ireland which correspond to that regulation, shall not have effect.]

Textual Amendments

F1 Words in reg. 2(1) substituted (1.11.2010) by The Transfer of State Pensions and Benefits (Amendment) Regulations 2010 (S.I. 2010/1825), regs. 1, 4(2)(a)

F2 Words in reg. 2(1)(a) substituted (1.11.2010) by The Transfer of State Pensions and Benefits (Amendment) Regulations 2010 (S.I. 2010/1825), regs. 1, 4(2)(b)

F3 Words in reg. 2(1)(c) inserted (1.11.2010) by The Transfer of State Pensions and Benefits (Amendment) Regulations 2010 (S.I. 2010/1825), regs. 1, 4(2)(c)

F4 Words in reg. 2(2)(a)(i) substituted (1.11.2010) by The Transfer of State Pensions and Benefits (Amendment) Regulations 2010 (S.I. 2010/1825), regs. 1, 4(3)(a)

F5 Words in reg. 2(2)(a)(ii) substituted (1.11.2010) by The Transfer of State Pensions and Benefits (Amendment) Regulations 2010 (S.I. 2010/1825), regs. 1, 4(3)(b)

F6 Words in reg. 2(2)(b) inserted (1.11.2010) by The Transfer of State Pensions and Benefits (Amendment) Regulations 2010 (S.I. 2010/1825), regs. 1, 4(3)(c)

F7 Reg. 2(2A)(2B) inserted (1.11.2010) by The Transfer of State Pensions and Benefits (Amendment) Regulations 2010 (S.I. 2010/1825), regs. 1, 4(4)

F8 Words in reg. 2(3) inserted (1.11.2010) by The Transfer of State Pensions and Benefits (Amendment) Regulations 2010 (S.I. 2010/1825), regs. 1, 4(5)(a)

F9 Words in reg. 2(3) substituted (1.11.2010) by The Transfer of State Pensions and Benefits (Amendment) Regulations 2010 (S.I. 2010/1825), regs. 1, 4(5)(b)

F10 Reg. 2(4) inserted (6.4.2016 coming into force in accordance with art. 1(2)(b)) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 30(3)

Marginal Citations

M1 Section 162 is amended by the Social Security (Contributions) Act 1994 (c.1), section 2(1) and (2), the Social Security Administration (Fraud) Act 1997 (c.47), Schedule 2, the Social Security Act 1998 (c.14), Schedule 7, paragraph 99(4), the Social Security (Transfer of Functions, etc.) Act 1999 (c.2), Schedule 1, paragraph 28(2) and (3), Schedule 3, paragraph 52(2) to (11) and Schedule 5, paragraph 12, the Welfare Reform and Pensions Act 1999 (c.30), Schedule 9, paragraph 9(2) and (3), the Child Support, Pensions and Social Security Act 2000 (c.19), section 74(7), the National Insurance Contributions Act 2002 (c.19), section 4, Schedule 1, paragraph 19 and Schedule 2, the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, paragraph 189 and the National Insurance Contributions and Statutory Payments Act 2004 (c.3), Schedule 1, paragraph 3(3).

M2 S.I.1979/642; the relevant amending instruments are S.I.1990/2642 and 2000/1483.