SCHEDULE 6 continued
(b)
Schedule 2 (up-rating) applies as if the recalculated rate had been the
woman’s transitional rate on the day on which she reached
pensionable age.
5
(1)
10If neither of paragraphs 2 and 3 apply to the woman but she subsequently
comes within paragraph (a) or (b) of paragraph 2(1)—
(a)
her transitional rate is to be recalculated applying paragraph 2(2),
and
(b)
Schedule 2 (up-rating) applies as if the recalculated rate had been the
15woman’s transitional rate on the day on which she reached
pensionable age.
(2)
But the woman’s rate is not to be recalculated under sub-paragraph (1) if it
has already been recalculated under paragraph 4.
6 Nothing in paragraph 4 or 5 affects—
(a)
20the amount of state pension to which a woman is entitled for periods
before that paragraph applies to her, or
(b)
the amount of any increase under section 17 in a case where the
period for which the woman’s state pension is deferred has ended
before that paragraph applies to her.
Section 12
1 This Schedule—
(a)
sets out the circumstances in which a woman is entitled to a basic
amount for the purpose of section 12, and
(b) 30determines that basic amount.
2
(1)
A woman is entitled to a basic amount under this paragraph if she has
reached pensionable age and—
(a) she is married to a person who has reached pensionable age, or
(b) she is in a civil partnership with a person who has reached that age.
(2)
35The basic amount is the amount specified in paragraph 5 of Part 1 of
Schedule 4 to the Contributions and Benefits Act on the day on which the
woman became entitled under this paragraph.
3 (1) A woman is entitled to a basic amount under this paragraph if—
(a)
on reaching pensionable age she is not married or in a civil
40partnership but she has been married or in a civil partnership before,
or
Pensions BillPage 38
(b)
on reaching pensionable age she was married or in a civil
partnership and the marriage or civil partnership has come to an end
(because of the death of her spouse or civil partner or otherwise).
(2)
The basic amount is the amount of the basic pension specified in
5section 44(4) of the Contributions and Benefits Act on the day on which the
woman became entitled under this paragraph.
4
A woman who is entitled to a basic amount under paragraph 3 is not entitled
to a basic amount under paragraph 2.
Section 13
1
This Schedule sets out the appropriate weekly rate of a person’s state
pension under section 13.
2
(1)
15This paragraph sets out the appropriate weekly rate if the person is entitled
to a state pension under section 13 because of an old state scheme pension
credit.
(2)
If the person became entitled to the old state scheme pension credit in or
after the final relevant year, the appropriate weekly rate is a weekly rate
20equal to the person’s notional rate.
(3)
If the person became entitled to the old state scheme pension credit before
the final relevant year, the appropriate weekly rate is a weekly rate equal to
the person’s notional rate multiplied by the appropriate revaluation
percentage.
(4)
25For the purposes of sub-paragraphs (2) and (3), a person’s “notional rate” is
the weekly rate of a notional pension under section 13 the cash equivalent of
which would, on the valuation day, have been equal to the amount of the old
state scheme pension credit.
(5)
For the purposes of sub-paragraph (4) assume that the notional pension
30becomes payable on the later of—
(a) the day on which the person reaches pensionable age, and
(b) the valuation day.
(6)
The “appropriate revaluation percentage” is the percentage specified, in
relation to earnings factors for the tax year in which the person became
35entitled to the old state scheme pension credit, by the last order under
section 148 of the Administration Act to come into force before the end of the
final relevant year.
(7) In this paragraph—
“final relevant year” means the tax year immediately before that in
40which the person reaches pensionable age;
Pensions BillPage 39
“valuation day” means the day on which the person became entitled to
the old state scheme pension credit.
3
(1)
This paragraph sets out the appropriate weekly rate if the person is entitled
5to a state pension under section 13 because of a new state scheme pension
credit.
(2)
If the person was over pensionable age when he or she became entitled to the
new state scheme pension credit, the appropriate weekly rate is a weekly
rate equal to the amount of the credit.
(3)
10If the person was under pensionable age when he or she became entitled to
the new state scheme pension credit, the appropriate weekly rate is a weekly
rate equal to the amount of the credit multiplied by the appropriate
revaluation percentage.
(4)
The “appropriate revaluation percentage” is the percentage specified, in
15relation to the tax year in which the person became entitled to the new state
scheme pension credit, by the last order under section 148AD of the
Administration Act to come into force before the person reached
pensionable age.
4
(1)
20Regulations may make provision about the calculation and verification of
notional rates under paragraph 2.
(2) The regulations may, in particular, provide—
(a)
for calculation or verification in such manner as may be approved by
or on behalf of the Government Actuary, or
(b)
25for things done under the regulations to be required to be done in
accordance with guidance from time to time prepared by a person
specified in the regulations.
Section 13
1
This Schedule sets out how to up-rate the rate of a person’s state pension
under section 13.
2
In this Schedule a reference to the rate of a person’s state pension is to the
rate—
(a)
35ignoring any reduction under section 7(4) (in the case of a state
pension under section 7),
(b)
taking into account any reduction under section 14 (in the case of a
state pension under section 4), and
(c) ignoring any increase under section 17.