Paragraph 3 I1

England, Wales and Scotland

(1)

In this Schedule “the total amount of any state pension that has priority”, in relation to a person's state pension under section 13, means the sum of—

(a)

the rate of any state pension to which the person is entitled under section 2, 4 or 12,

(b)

the rate of any state pension to which the person is entitled under section 7, F1...

F2(ba)

the rate of any state pension to which the person is entitled under regulations made under section 10 which make provision corresponding or similar to section 7 and Schedules 3 and 4, and

(c)

the rate of any earlier state pension to which the person is entitled under section 13 (see sub-paragraph (2)).

(2)

Where a person is entitled to two or more state pensions under section 13 because he or she has become entitled to two or more state scheme pension credits, a pension arising because of an earlier credit is an “earlier” state pension for the purposes of sub-paragraph (1)(c).

Annotations

Textual amendments

F1: Word in Sch. 9 para. 3(1)(b) omitted (6.4.2016) by virtue of The State Pension and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/199), reg. 1(4), 5(3)(a) (with reg. 1(5))
F2: Sch. 9 para. 3(1)(ba) inserted (6.4.2016) by The State Pension and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/199), reg. 1(4), 5(3)(b) (with reg. 1(5))

Commencement

I1: Sch. 9 para. 3 in force at 6.4.2016, see s. 56(1)(4)