Part 1 E+W+S State pension

Modifications etc. (not altering text)

C1 Pt. 1 modified (6.4.2016) by The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016 (S.I. 2016/287), regs. 1, 2(2)(h), Sch.

C2 Pt. 1 excluded by S.I. 2007/1398, reg. 8(3) as amended (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(4)(a)

C3 Pt. 1 modified (6.4.2016) by The Social Security (Reciprocal Agreements) Order 2016 (S.I. 2016/158), arts. 1, 2, Sch. 1, Sch. 2

C4 Pt. 1 modified (6.4.2016) by The Social Security (Reciprocal Agreement) (Isle of Man) Order 2016 (S.I. 2016/157), arts. 1, 2, Sch.

C5 Pts. 1, 5 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1303), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C6 Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Ireland) Order 2019 (S.I. 2019/622), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C7 Pts. 1, 5 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1302), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C8 Pt. 1 modified (1.1.2021) by The Social Security (Norway) Order 2020 (S.I. 2020/1597), arts. 1, 2(1)(2), Sch. (with art. 2(3))

C9 Pts. 1, 5 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.

C10 Pts. 1, 5 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.

Definitions E+W+S

22 General definitions etc E+W+S

(1) In this Part—

• “the Administration Act” means the Social Security Administration Act 1992;

• “Category A retirement pension” means a Category A retirement pension under Part 2 of the Contributions and Benefits Act;

• “Category B retirement pension” means a Category B retirement pension under Part 2 of the Contributions and Benefits Act;

• “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;

• “enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

• “full rate” means the rate mentioned in section 3(1);

• “old state pension” has the meaning given by section 21 (and references to the rate of an old state pension are to be read in accordance with that section);

• “pensionable age” has the meaning given by section 122(1) of the Contributions and Benefits Act; and a person is “over” pensionable age if the person has reached that age (and is otherwise “under” that age);

• “post-commencement qualifying year” has the meaning given by section 4(4);

• “pre-commencement qualifying year” is to be read in accordance with section 4(4) and (5);

• “qualifying earnings factor” has the meaning given by section 122(1) of the Contributions and Benefits Act;

• “qualifying year” has the meaning given by section 2(4);

• “reduced rate” means the rate mentioned in section 3(2);

• “regulations” means regulations made by the Secretary of State;

• “state scheme pension credit”, and related expressions, have the meaning given by section 13;

• “state scheme pension debit”, and related expressions, have the meaning given by section 14;

• “tax year” has the meaning given by section 122(1) of the Contributions and Benefits Act;

• “transitional rate” means the rate mentioned in section 5;

• “up-rating increase”, in relation to a state pension under this Part, means—

  (a)

  an increase in the rate of the state pension because of an increase in the amount specified in regulations under section 3(1), F1 ...

  (b)

  an increase in the rate of the state pension because of section 9(3), 12(3) or 17(6) or Schedule 2, 4 or 9;

  [F2 , or

  (c)

  an increase in the rate of the state pension because of regulations under section 10 which make provision corresponding or similar to section 9(3) or Schedule 4;]

• “working life” has the meaning given by section 122(1) of the Contributions and Benefits Act.

(2) For the purposes of any other provision of this Part two people are to be treated as if they are not married to each other in relation to times when either of them is married to a third person.

Textual Amendments

F1 Word in s. 22(1) omitted (6.4.2016) by virtue of The State Pension and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/199), reg. 1(4), 5(2)(a) (with reg. 1(5))

F2 Words in s. 22(1) inserted (6.4.2016) by The State Pension and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/199), reg. 1(4), 5(2)(b) (with reg. 1(5))

Commencement Information

I1 S. 22 in force at 6.4.2016 so far as not brought into force earlier by an order, see s. 56(1)(4)

I2 S. 22(1) in force at 5.2.2015 for specified purposes by S.I. 2015/134, art. 2(1)(4)(h)