State pension at the transitional rate
Entitlement to state pension at transitional rate
4.—(1) A person is entitled to a state pension payable at the transitional rate if—
(a)the person has reached pensionable age,
(b)the person has at least the minimum number of qualifying years, and
(c)the person has at least one pre-commencement qualifying year.
(2) The minimum number of qualifying years for a state pension payable at the transitional rate is to be specified in regulations and may not be more than 10.
(3) A person entitled to a state pension payable at the transitional rate is not entitled to a state pension under section 2.
(4) In this Part—
“post-commencement qualifying year” means a qualifying year beginning on or after 6 April 2016;
“pre-commencement qualifying year” means—
a qualifying year beginning on or after 6 April 1978 and ending before 6 April 2016, or
a reckonable year that would have been treated under regulation 13(1) of the Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations (Northern Ireland) 1979 as a qualifying year for the purposes of determining the person’s entitlement to an old state pension that is a Category A retirement pension.
(5) A reckonable year mentioned in paragraph (b) of the definition of “pre-commencement qualifying year” in subsection (4) counts towards the minimum number of qualifying years required by subsection (1)(b) (even though it does not come within the definition of “qualifying year” for the purposes of this Part).
(6) “Earnings factor” is to be construed in accordance with sections 22 and 23 of the Contributions and Benefits Act.
(7) There are provisions elsewhere that affect a person’s entitlement to a state pension under this section or the rate at which it is payable.
Transitional rate of state pension
5.—(1) The transitional rate of the state pension for a person is a weekly rate equal to—
(a)the sum of the amounts calculated under Schedule 1 for the person’s pre-commencement and post-commencement qualifying years capped at the full rate of the state pension on the day on which the person reaches pensionable age, or
(b)if higher, the amount for the person’s pre-commencement qualifying years alone.
(2) The transitional rate of the state pension for a person is to be increased from time to time in accordance with the applicable paragraph of Schedule 2.
(3) Section 6 requires the transitional rate of the state pension for a person to be recalculated in certain circumstances.
(4) There are special rules about the transitional rate for certain women: see section 11 (reduced rate elections).
Recalculation and backdating of transitional rate in special cases
6.—(1) This section modifies the transitional rate of the state pension for a person if, after the person has reached pensionable age, a determination is made under section 44A(2) of the Pension Schemes (Northern Ireland) Act 1993 (in this Act referred to as “the Pension Schemes Act”) (contracting-out: reinstatement in state scheme following payment of contributions equivalent premium).
(2) The person’s transitional rate is to be recalculated (taking the determination into account under paragraph 3(8) of Schedule 1).
(3) The recalculated rate has effect as from the day on which the person reached pensionable age (and the other provisions of this Part apply accordingly).