OpenLegislation

Section 61ZC Entitlement to more than one pension: sections 61ZA and 61ZBF1

(1)

Section 43 does not prevent a person from being entitled for the same period to both—

(a)

a Category A retirement pension because of section 61ZA, and

(b)

one Category B retirement pension.

(2)

Section 43 does not prevent a person from being entitled for the same period to both—

(a)

a Category A retirement pension, and

(b)

one Category B retirement pension because of section 61ZB (or, if there is more than one such Category B retirement pension, the most favourable of them).

(3)

Accordingly—

(a)

in section 43(2)(a) the reference to “a Category A or a Category B retirement pension”, in a case in which subsection (1) or (2) of this section applies, includes “a Category A and a Category B retirement pension”,

(b)

in sections 43(3)(a) and (aa), 51A and 52 “Category A retirement pension” does not include a pension to which a person is entitled because of section 61ZA, and

(c)

in sections 43(3)(a) and 52 “Category B retirement pension” does not include a pension to which a person is entitled because of section 61ZB.

Annotations

Textual amendments

F1

Ss. 61ZA-61ZC inserted (12.10.2015) by Pensions Act 2014 (c. 19), s. 56(1), Sch. 15 para. 9; S.I. 2015/1475, art. 3(b)

Notes on Part II

Modifications

C1

Pt. 2 modified (E.W.S.) (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 49, 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

C2

Pt. 2: power to modify conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(1)(2)(6)(h), 89(4)(a) (with s. 52(7))