Regulation 6 Rate of benefit where the second contribution condition in paragraph 5 of Schedule 3 to the Social Security Contributions and Benefits Act 1992 is not satisfiedF15C1

Subject to paragraph (2) of this regulation, where the second contribution condition specified in paragraph 5(3) of Schedule 3 to the Act is not satisfied a person shall be entitled to–

Where a person to whom paragraph (1) alone would otherwise apply is not entitled to benefit under that paragraph because the percentage of the number of qualifying years in his working life, calculated in accordance with paragraph (3B) of this regulation, is less than 25 per cent. but there are one or more surpluses in that person’s earnings factors for the relevant years, that person shall be entitled to–

Where a person is entitled to benefit under paragraph (1) of this regulation, the benefit payable shall be–

Where a person is entitled to benefit under paragraph (2) of this regulation, the benefit payable shall be only the additional pension in that benefit.

F8The percentage referred to in paragraphs (1), (2), (3)(a) and (3)(c)(i) of this regulation shall be ascertained by taking the number of qualifying years in the working life of the contributor concerned, expressing that number as a percentage of the requisite number of years specified for that working life in paragraph 5(4) of Schedule 3 to the Act and rounding up that percentage to the next whole number.

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Where a person is entitled by virtue of this regulation to a Category A retirement pension and also to a section 9(2), 9(3) or 10(2) increase, an uprating order shall have the effect of increasing—

For the purposes of this regulation, “qualifying year” means a year for which a person’s earnings factor is sufficient to satisfy paragraph 5(3)(b) of Schedule 3 to the Social Security Contributions and Benefits Act 1992 and includes a year which is treated as such a year by virtue of regulation 8(4).