The Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2001

Calculation of additional pension: other cases of mixed forms of contracted-out employment E+W+S

5.—(1) This regulation applies in relation to any year where earnings are paid to or for the benefit of an earner—

(a) partly in respect of—

(i) employment qualifying him for a pension provided by a salary related contracted-out scheme or a money purchase contracted-out scheme, or both, and

(ii) employment qualifying him for a pension provided by an appropriate personal pension scheme; or

(b) partly in respect of—

(i) non-contracted-out employment,

(ii) employment qualifying him for a pension provided by a salary related contracted-out scheme or a money purchase contracted-out scheme, or both, and

(iii) employment qualifying him for a pension provided by an appropriate personal pension scheme.

(2) For any year in relation to which this regulation applies, the amount referred to in paragraph 1(1)(a) of Schedule 4A to the Contributions and Benefits Act shall be amount C where—

(a) amount C is equal to amount A minus amount B; and

(b) amounts A and B are calculated in accordance with the following paragraphs.

(3) Amount A is to be determined in accordance with paragraph 5 of Schedule 4A to the Contributions and Benefits Act.

(4) Amount B is the sum of amount D and amount E and—

(a) amount D is to be found as follows:—

(i) find the earnings factor derived from the aggregate of the amounts of weekly earnings paid in that year in respect of the employment referred to in paragraph (1)(a)(i) or, as the case may be, (1)(b)(ii) above,

(ii) deduct from that earnings factor an amount equal to the weekly lower earnings limit for the year multiplied by the number of tax weeks in which earnings were paid in respect of that employment,

(iii) multiply the amount found under head (ii) above in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year,

(iv) multiply the amount found under head (iii) above by the percentage specified in paragraph 6(3) of Schedule 4A to the Contributions and Benefits Act which is applicable in the case of the earner;

(b) amount E is to be found as follows:—

(i) find the earnings factor derived from the aggregate of the amounts of weekly earnings paid in the year in which this regulation applies in respect of the employment referred to in paragraph (1)(a)(ii) or, as the case may be, (1)(b)(iii) above,

(ii) add to that earnings factor an amount equal to the weekly lower earnings limit for the year multiplied by the number of tax weeks in which earnings were paid in respect of the employment referred to in paragraph (1)(a)(i) or, as the case may be, (1)(b)(ii) above,

(iii) deduct from the amount found under head (ii) above an amount equal to the qualifying earnings factor for that year,

(iv) calculate the part of the amount found under head (iii) above falling into each of the bands specified in the appropriate table,

(v) multiply the amount of each such part in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year,

(vi) multiply each amount found under head (v) above by such percentage specified in the appropriate table in relation to the appropriate band as is applicable in the case of the earner;

(vii) add together the amounts calculated under head (vi) above.