{
  "url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-2.A.6",
  "json_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-2.A.6.json",
  "legislation": "uksi/2008/653",
  "legislation_title": "The National Health Service Pension Scheme Regulations 2008",
  "legislation_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008",
  "path": "regulation/2.A.6",
  "kind": "regulation",
  "number": "2.A.6",
  "heading": "Qualifying service: disregard of breaks in service",
  "text": "(1) This regulation applies for the purpose of calculating the qualifying service of a member whose pensionable service ceases for an interval (other than in circumstances where regulation 2.A.5(2) applies).\n(2) If the interval—\n(a) does not exceed one month, or\n(b) is due to a trade dispute,\nthe member’s qualifying service before and after the interval is treated as continuous for the purpose of calculating the member’s qualifying service after the interval (but the period of the interval is ignored).\nThis is subject to paragraph (6).\n(3) For the purposes of paragraph (2) it does not matter if the member’s pensionable service before the interval is treated separately from that after the interval for the purpose of calculating the member’s benefits.\n(4) If—\n(a) a person who is an active member ceases to be employed in the employment that qualifies the person to belong to this Section of the Scheme and becomes a deferred member, but not a pensioner member, in respect of the service in that employment, and\n(b) after a period not exceeding 12 months the person becomes employed again in such an employment and becomes an active member again in that employment,\nqualifying service in the earlier employment is treated as a single continuous period of qualifying service with that in the later employment.\nThis is subject to paragraph (6).\n(5) If—\n(a) a person who is an active member in an employment opts to cease to be such a member whilst continuing to be employed in the employment and becomes a deferred member, but not a pensioner member, in respect of that service, and\n(b) after a period not exceeding 12 months the person becomes such an active member again in that employment,\nqualifying service in the earlier period of active membership is treated as a single period of qualifying service with that in the later period of such membership.\nThis is subject to paragraph (6).\n(6) Where—\n(a) the person has received a repayment of contributions under regulation 2.C.18 in respect of the earlier period , paragraphs (4) and (5) do not apply (but see paragraph (7)), or\n(b) the person’s rights under this Section of the Scheme in respect of that period have been extinguished under regulation 2.F.7 because a transfer value payment has been made , paragraphs (2), (4) and (5) do not apply.\n(7) Paragraph (6)(a) does not apply if the person repays to the Secretary of State any contributions repaid to the person as mentioned in that paragraph together with any interest on those contributions, before the expiry of the period of 6 months beginning with the date on which the member becomes a member again.\n(8) If—\n(a) a member is a deferred member or pensioner member in respect of the period of pensionable service before pensionable service ceases for an interval, and\n(b) the periods of pensionable service before and after pensionable service ceases for an interval are not treated as a single period of continuous service under regulation 2.A.4(5) or regulation 2.G.3(2)(a),\nthe period of pensionable service in respect of which the member is a deferred member or a pensioner member is treated as qualifying service in relation to the period after the interval.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 2.A.6 inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 2 para. 1"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in reg. 2.A.6(6) substituted (with effect from 1.4.2008) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2)(4), 26(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 2.A.6(6)(a) inserted (with effect from 1.4.2008) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2)(4), 26(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 2.A.6(6)(b) added (with effect from 1.4.2008) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2)(4), 26(c)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/653/regulation/2.A.6",
    "retrieved_at": "2026-10-29T03:34:22.381913+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}