SCHEDULES

SCHEDULE 9PENSION SHARING: UP-RATING STATE PENSION UNDER SECTION 13

Introduction

3

1

In this Schedule “the total amount of any state pension that has priority”, in relation to a person’s state pension under section 13, means the sum of—

a

the rate of any state pension to which the person is entitled under section 2, 4 or 12,

b

the rate of any state pension to which the person is entitled under section 7, and

c

the rate of any earlier state pension to which the person is entitled under section 13 (see sub-paragraph (2)).

2

Where a person is entitled to two or more state pensions under section 13 because he or she has become entitled to two or more state scheme pension credits, a pension arising because of an earlier credit is an “earlier” state pension for the purposes of sub-paragraph (1)(c).