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C2C3 Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
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Pt. 2 modified (E.W.S.) (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 49, 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

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Pt. 2: power to modify conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(1)(2)(6)(h), 89(4)(a) (with s. 52(7))

Complete or partial failure to satisfy contribution conditions

61ZCF1Entitlement to more than one pension: sections 61ZA and 61ZB

1

Section 43 does not prevent a person from being entitled for the same period to both—

a

a Category A retirement pension because of section 61ZA, and

b

one Category B retirement pension.

2

Section 43 does not prevent a person from being entitled for the same period to both—

a

a Category A retirement pension, and

b

one Category B retirement pension because of section 61ZB (or, if there is more than one such Category B retirement pension, the most favourable of them).

3

Accordingly—

a

in section 43(2)(a) the reference to “a Category A or a Category B retirement pension”, in a case in which subsection (1) or (2) of this section applies, includes “a Category A and a Category B retirement pension”,

b

in sections 43(3)(a) and (aa), 51A and 52 “Category A retirement pension” does not include a pension to which a person is entitled because of section 61ZA, and

c

in sections 43(3)(a) and 52 “Category B retirement pension” does not include a pension to which a person is entitled because of section 61ZB.