C4C1C3C2C6C7C5C8C9C10Part 1State pension

Annotations:
Modifications etc. (not altering text)
C1

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)

C6

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)

C7

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)

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.

State pension at the transitional rate

I24Entitlement to state pension at transitional rate

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.

I12

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—

    1. a

      a qualifying year beginning on or after 6 April 1978 and ending before 6 April 2016, or

    2. b

      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 1979 (S.I. 1979/643) 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” 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

For earnings factors, see 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.