47 Shareable state scheme rights.E+W+S
(1)Pension sharing is available under this Chapter in relation to a person’s shareable state scheme rights.
[F1(1A)For the purposes of this Chapter, a person's shareable state scheme rights are—
(a)the person's shareable old state scheme rights;
(b)the person's shareable new state scheme rights.]
(2)For the purposes of this Chapter, a person’s shareable [F2old] state scheme rights are—
(a)his entitlement, or prospective entitlement, to a Category A retirement pension by virtue of section 44(3)(b) of the Contributions and Benefits Act (F3... additional pension), and
(b)his entitlement, or prospective entitlement, to a pension under section 55A [F4or 55AA] of that Act (shared additional pension).
[F5(3)For the purposes of this Chapter, a person's shareable new state scheme rights are the person's entitlement, or prospective entitlement, to the excess amount in a state pension under section 4 of the Pensions Act 2014.
(4)“The excess amount”, in relation to a state pension under section 4 of the Pensions Act 2014, means any amount by which the rate of the pension exceeds the full rate of the state pension (see section 3 of that Act).
(5)In determining the rate of a state pension under section 4 of the Pensions Act 2014 for the purposes of this Chapter, ignore Schedule 6 to that Act (reduced rate elections: effect on rate of section 4 pension).]
Textual Amendments
F1S. 47(1A) inserted (6.4.2016 unless brought into force earlier by an order under s. 56(1) of the amending Act) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 11 para. 10(2)
F2Word in s. 47(2) inserted (6.4.2016 unless brought into force earlier by an order under s. 56(1) of the amending Act) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 11 para. 10(3)(a)
F3Words in s. 47(2)(a) omitted (12.10.2015) by virtue of Pensions Act 2014 (c. 19), s. 56(1), Sch. 15 para. 14; S.I. 2015/1475, art. 3(b)
F4Words in s. 47(2)(b) inserted (6.4.2016 unless brought into force earlier by an order under s. 56(1) of the amending Act) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 11 para. 10(3)(b)
F5S. 47(3)-(5) inserted (6.4.2016 unless brought into force earlier by an order under s. 56(1) of the amending Act) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 11 para. 10(4)
Modifications etc. (not altering text)
C1Pt. IV Ch. II modified (6.4.2016) by The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016 (S.I. 2016/287), regs. 1, 2(2)(e)(ii), Sch.
Commencement Information
I1S. 47 wholly in force at 1.12.2000; s. 47 in force for certain purposes at Royal Assent see s. 89(1); s. 47 in force at 1.12.2000 insofar as not already in force by S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV