C1C2C3C4Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 20-62) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).

C3

Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)

C4

Pt. II modified (temp. from 1.12.1999 to 5.10.2002) by S.I. 1999/3147 (N.I. 11), art. 49(7)(a) (the temp. modification lapsing on the coming into operation of S.R. 2001/441, which modifies specified provisions of Pt. II, on 6.10.2002)

Retirement pensions (Categories A and B)

F155Pension increase or lump sum where entitlement to retirement pension is deferred

1

Where a person's entitlement to a Category A or Category B retirement pension is deferred, Schedule 5 to this Act has effect.

2

In that Schedule—

  • paragraph A1 makes provision enabling an election to be made where the pensioner's entitlement is deferred

  • paragraphs 1 to 3 make provision about increasing pension where the pensioner's entitlement is deferred

  • paragraphs 3A and 3B make provision about lump sum payments where the pensioner's entitlement is deferred

  • paragraph 3C makes provision enabling an election to be made where the pensioner's deceased spouse F2or civil partner has deferred entitlement

  • paragraphs 4 to 7 make provision about increasing pension where the pensioner's deceased spouse F2or civil partner has deferred entitlement

  • paragraphs 7A and 7B make provision about lump sum payments where the pensioner's deceased spouse F2or civil partner has deferred entitlement

  • paragraphs 7C to 9 make supplementary provision.

3

For the purposes of this Act a person's entitlement to a Category A or Category B retirement pension is deferred if and so long as that person—

a

does not become entitled to that pension by reason only—

i

of not satisfying the conditions of section 1 of the Administration Act (entitlement to benefit dependent on claim), or

ii

in the case of a Category B retirement pension payable by virtue of a spouse's F3or civil partner's contributions, of the spouse F4or civil partner not satisfying those conditions with respect to his Category A retirement pension, or

b

in consequence of an election under section 54(1) above, falls to be treated as not having become entitled to that pension,

and, in relation to any such pension, “period of deferment” shall be construed accordingly.