The Transfer of State Pensions and Benefits Regulations 2007

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Transfer of State Pensions and Benefits Regulations 2007 and shall come into force on 1st June 2007.

(2) In these Regulations—

F1 ...

F1 ...

[F2 “the 1992 Acts” means—

(a)

the Social Security Contributions and Benefits Act 1992; and

(b)

the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

“active employment” has the same meaning as in Article 36 of the Council Regulation;

“the Council Regulation” means Council Regulation ( EEC , Euratom, ECSC ) No.259/68 laying down staff regulations of officials and the conditions of employment of other servants of the European Union;

“the EU scheme” means the pension scheme provided for officials of EU institutions in accordance with Articles 77 to 84 of, and Annex VIII to, the Council Regulation; ]

“guarantee date” means the date—

(a)

by reference to which the cash equivalent value of transferable rights is calculated; and

(b)

which falls within a period of three months beginning with the date on which the transfer application is received by the Secretary of State;

[F3 “leave on personal grounds” has the same meaning as in Article 40 of the Council Regulation;

“relevant benefit” means—

(a)

graduated retirement benefit under—

(i)

sections 36 and 37 of the National Insurance Act 1965; and

(ii)

sections 35 and 36 of the National Insurance Act (Northern Ireland) 1966;

(b)

any benefit under Parts 2 to 5 and 10 of the 1992 Acts;

(ba)

[F4 a state pension under Part 1 of the Pensions Act 2014 or Part 1 of the Pensions Act (Northern Ireland) 2015;]

(bb)

[F5 bereavement support payment under section 30 of the Pensions Act 2014 or section 29 of the Pensions Act (Northern Ireland) 2015;]

(c)

[F6 a jobseeker’s allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as it has effect apart from those provisions;]

(ca)

[F7 a jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as it has effect apart from those provisions;]

(d)

[F8 employment and support allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions;]

(da)

[F9 employment and support allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions;]

“secondment” has the same meaning as in Articles 37 to 39 of the Council Regulation;]

F1 ...

“statement of entitlement” means a written statement—

(a)

of the amount of the cash equivalent at the guarantee date of the transferable rights which have accrued to, or in respect of, the transferor; and

(b)

which contains details of the basis of how that amount has been calculated;

“transfer application” means an application referred to in regulation 3(1);

“transferor” means the person who has applied to the Secretary of State to transfer his transferable rights into [F10 the EU scheme].

F11 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 1(2) omitted (1.11.2010) by virtue of The Transfer of State Pensions and Benefits (Amendment) Regulations 2010 (S.I. 2010/1825), regs. 1, 3(2)(a)

F2 Words in reg. 1(2) inserted (1.11.2010) by The Transfer of State Pensions and Benefits (Amendment) Regulations 2010 (S.I. 2010/1825), regs. 1, 3(2)(b)

F3 Words in reg. 1(2) inserted (1.11.2010) by The Transfer of State Pensions and Benefits (Amendment) Regulations 2010 (S.I. 2010/1825), regs. 1, 3(2)(c)

F4 Reg. 1(2)(ba) inserted (6.4.2016 coming into force in accordance with art. 1(2)(b)) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 30(2)

F5 Words in reg. 1(2) inserted (6.4.2017 coming into force in accordance with art. 1-3) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 28(2)

F6 Words in reg. 1(2) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 74(2)(a)

F7 Words in reg. 1(2)(ca) substituted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 53(a)

F8 Words in reg. 1(2) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 74(2)(b)

F9 Words in reg. 1(2)(da) substituted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 53(b)

F10 Words in reg. 1(2) substituted (1.11.2010) by The Transfer of State Pensions and Benefits (Amendment) Regulations 2010 (S.I. 2010/1825), regs. 1, 3(2)(d)

F11 Reg. 1(2A) omitted (31.7.2021) by virtue of The Social Security (Reciprocal Agreements) (Miscellaneous Amendments) (EU Exit) Regulations 2021 (S.I. 2021/811), regs. 1(2), 6(2)

F12 Reg. 1(3) omitted (1.11.2010) by virtue of The Transfer of State Pensions and Benefits (Amendment) Regulations 2010 (S.I. 2010/1825), regs. 1, 3(4)