Regulation 4 Days to be treated as days of increment

if that person had not deferred his entitlement to a Category A or Category B retirement pension, F4... that person would have been entitled to such a pension (and would not have been disqualified for receiving it by reason of imprisonment or detention in legal custody); and

that person had not received any of the following benefits:—

in the case of a married woman who would have been entitled to a Category B retirement pension or a section 10(2) increase F13; and whose period of deferment began before 6^th April 2005, her husband had not received an increase of any of the benefits mentioned in paragraph (1)(b) in respect of her F14and

in the case of a person who would have been entitled to a Category A or Category B retirement pension (“the deferrer”) and whose period of deferment begins on or after 6th April 2005—

in the case of a person who was a member of a couple, the other member of the couple was not in receipt of—

a person has received one or more of the benefits mentioned in paragraph (1)(b) or (c), and

either—

the whole of the benefit or sum on account of benefit in respect of that day has been repaid or, as the case may be, recovered before the relevant date,

where a person's entitlement to increments under paragraph 2 of Schedule 1 to the Pensions Act is in question, the end of his F22period of F23deferment; or

where a person's entitlement to increments under paragraph 4 or 4A of that Schedule in relation to the deferred entitlement of a deceased spouse is in question, the date of the death of that spouse.

in paragraph (1), “couple” has the meaning—

in paragraph (2), “jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions; and

“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012.