OpenLegislation

Paragraph 3 I1

(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 (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/80), regs. 1, 3(3)(a)

F2

Sch. 9 para. 3(1)(ba) inserted (6.4.2016) by The State Pension (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/80), regs. 1, 3(3)(b)

Commencement

I1

Sch. 9 para. 3 in operation at 6.4.2016, see s. 53(1)(3)