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The State Pension Regulations 2015

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The State Pension Regulations 2015 No. 173

Draft Regulations laid before Parliament under section 54(2)(a) of the Pensions Act 2014, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2015 No. 0000

Social Security

The State Pension Regulations 2015

Made

Coming into force

6th April 2016

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 55A(6) and 175(4) of the Social Security Contributions and Benefits Act 1992(1), sections 23(1)(a), (b)(ii) and (c)(i) and (2), 48(1)(f)(ii) and 49(4) and (4A) of the Welfare Reform and Pensions Act 1999(2) and sections 2(3), 4(2), 8(3), (7) and (8), 16(1) and (6), 17(4) and (5), 18(1), 19(1) and (3), 22(1) and 54(5) and (6) of, and paragraph 4 of Schedule 8 and paragraph 4 of Schedule 10 to, the Pensions Act 2014(3).

The Social Security Advisory Committee has agreed that the proposals in respect of Part 5 of these Regulations should not be referred to it(4).

The remainder of these Regulations have not been referred to the Social Security Advisory Committee because they are made before the end of the period of six months beginning with the coming into force of the provisions of the Pensions Act 2014 under which they are made(5).

In accordance with section 83(11) of the Welfare Reform and Pensions Act 1999, due to the exercise of powers to make regulations under Part 4 of that Act, the Secretary of State has consulted such persons as he considers appropriate about Part 5 of these Regulations(6).

A draft of these Regulations has been laid before Parliament in accordance with section 54(2)(a) of the Pensions Act 2014 and approved by a resolution of each House of Parliament.

(1)

1992 c.4. Section 55A was inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions Act 1999 (c.30). Subsection (6) was substituted by section 41(3) of the Child Support, Pensions and Social Security Act 2000 (c.19). There are relevant amendments to section 55A made by section 15 of, and paragraph 5 of Schedule 11 to, the Pensions Act 2014 (c.19). Section 175(4) was amended by paragraph 29(4) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2).

(2)

1999 c.30. Section 23(1)(a) and (b) was amended by section 261(1) of, and paragraphs 157(2) to (5) of Schedule 27 to, the Civil Partnership Act 2004 (c.33). It was also amended by section 261(4) of, and paragraph 1 of Schedule 30 to, that Act. Section 48(1)(f) was amended by paragraph 161(4)(a) and (b) of Schedule 27 to that Act. Section 49(4) and (4A) was substituted by section 41(1) of the Child Support, Pensions and Social Security Act 2000. There are relevant amendments to section 49 made by section 15 of, and paragraph 12 of Schedule 11 to, the Pensions Act 2014.

(3)

2014 c.19. Section 22(1) is cited for the meaning it gives to “regulations”.

(4)

See sections 170, 172(1) and 173(1)(b) of the Social Security Administration Act 1992 (c.5). There are relevant amendments to section 170 made by paragraph 24 of Schedule 12 to the Pensions Act 2014.

(5)

See section 173(5) of the Social Security Administration Act 1992.

(6)

The requirement to consult under section 83(11) applies only to the provisions in paragraphs 1(5)(a) and 2 of the Schedule to these Regulations. The Secretary of State consulted about those provisions and all the other provisions on sharing state pension in regulation 14 of, and the Schedule to, these Regulations.

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