PART 1STATE PENSION

State pension at the full or reduced rate

2Entitlement to state pension at full or reduced rate

(1)

A person is entitled to a state pension payable at the full rate if—

(a)

the person has reached pensionable age, and

(b)

the person has 35 or more qualifying years.

(2)

A person is entitled to a state pension payable at the reduced rate if—

(a)

the person has reached pensionable age, and

(b)

the person has at least the minimum number of qualifying years but fewer than 35 qualifying years.

(3)

The minimum number of qualifying years for a state pension payable at the reduced rate is to be specified in regulations and may not be more than 10.

(4)

In this Part “qualifying year” means a tax year, during a person's working life, in which the person's earnings factor (or the sum of the person's earnings factors) is equal to or greater than the qualifying earnings factor for the year.

(5)

Earnings factor” is to be construed in accordance with sections 22 and 23 of the Contributions and Benefits Act.

(6)

For transitional cases in which a person may be entitled to a different state pension (instead of a state pension under this section), see sections 4 and 12.

(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.

Annotations:
Commencement Information

I1S. 2(3) in operation at 16.7.2015 for specified purposes by S.R. 2015/307, art. 2(2)(a)

I2S. 2 in operation at 6.4.2016 so far as not brought into operation earlier by an order, see s. 53(1)(3)

3Full and reduced rates of state pension

(1)

The full rate of the state pension is the weekly rate for the time being specified in regulations.

(2)

The reduced rate of the state pension for a person is the following proportion of the full rate—

1 35 × the person's number of qualifying yearsmath

.

(3)

Once the full rate has been specified, the power to make regulations under subsection (1) may not be re-exercised so as to reduce the rate.