PART 3Deferral of State Pension

Days which are not included in determining the period of deferral11

1

In the circumstances set out in paragraph (2), a day does not count in determining a number of whole weeks for the purposes of section 17(3) of the 2014 Act.

2

The circumstances mentioned in paragraph (1) are where the day is—

a

a day on which the person whose entitlement to a state pension under Part 1 of the 2014 Act is deferred has received any of the following benefits—

i

state pension credit under section 1 of the State Pension Credit Act 2002 (entitlement to state pension credit)14;

ii

income support under section 124 of the Contributions and Benefits Act (income support)15;

iii

an income-related employment and support allowance (which means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance)16);

iv

an income-based jobseeker’s allowance within the meaning in section 1(4) of the Jobseekers Act 1995 (the jobseeker’s allowance)17;

v

universal credit under Part 1 of the Welfare Reform Act 2012 (universal credit)18;

vi

a carer’s allowance under section 70 of the Contributions and Benefits Act (carer’s allowance)19;

vii

an unemployability supplement within the meaning in regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1979 (interpretation)20;

viii

severe disablement allowance under section 68 of the Contributions and Benefits Act (entitlement and rate of severe disablement allowance)21;

ix

a widow’s pension under section 39 of the Contributions and Benefits Act (rate of widowed mother’s allowance and widow’s pension)22;

x

a widowed mother’s allowance under section 37 of the Contributions and Benefits Act (widowed mother’s allowance)23;

xi

incapacity benefit under section 30A of the Contributions and Benefits Act (incapacity benefit: entitlement)24;

b

a day on which a person—

i

has received an increase of any of the benefits mentioned in sub-paragraph (a) in respect of the person whose entitlement to a state pension under Part 1 of the 2014 Act is deferred; and

ii

is married to, in a civil partnership with or residing with the person whose entitlement to a state pension under Part 1 of the 2014 Act is deferred; or

c

a day on which the person whose entitlement to a state pension under Part 1 of the 2014 Act is deferred would not, if their entitlement was not deferred, be paid that state pension because they were a prisoner (see section 19 of the 2014 Act (prisoners) and regulations 2 and 3).