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The State Pension Regulations 2015

S.I. 2015/173 · Made 9 February 2015 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2026.

Social Security

Made 9th February 2015

Coming into force 6th April 2016

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 55A(6) and 175(4) of the Social Security Contributions and Benefits Act 1992 M1, sections 23(1)(a), (b)(ii) and (c)(i) and (2), 48(1)(f)(ii) and 49(4) and (4A) of the Welfare Reform and Pensions Act 1999 M2 and sections 2(3), 4(2), 8(3), (7) and (8), 16(1) and (6), 17(4) and (5), 18(1), 19(1) and (3), 22(1) and 54(5) and (6) of, and paragraph 4 of Schedule 8 and paragraph 4 of Schedule 10 to, the Pensions Act 2014 M3.

The Social Security Advisory Committee has agreed that the proposals in respect of Part 5 of these Regulations should not be referred to it M4.

The remainder of these Regulations have not been referred to the Social Security Advisory Committee because they are made before the end of the period of six months beginning with the coming into force of the provisions of the Pensions Act 2014 under which they are made M5.

In accordance with section 83(11) of the Welfare Reform and Pensions Act 1999, due to the exercise of powers to make regulations under Part 4 of that Act, the Secretary of State has consulted such persons as he considers appropriate about Part 5 of these Regulations M6.

A draft of these Regulations has been laid before Parliament in accordance with section 54(2)(a) of the Pensions Act 2014 and approved by a resolution of each House of Parliament.

Annotations to the whole text

Marginal citations

M1

1992 c.4. Section 55A was inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions Act 1999 (c.30). Subsection (6) was substituted by section 41(3) of the Child Support, Pensions and Social Security Act 2000 (c.19). There are relevant amendments to section 55A made by section 15 of, and paragraph 5 of Schedule 11 to, the Pensions Act 2014 (c.19). Section 175(4) was amended by paragraph 29(4) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2).

M2

1999 c.30. Section 23(1)(a) and (b) was amended by section 261(1) of, and paragraphs 157(2) to (5) of Schedule 27 to, the Civil Partnership Act 2004 (c.33). It was also amended by section 261(4) of, and paragraph 1 of Schedule 30 to, that Act. Section 48(1)(f) was amended by paragraph 161(4)(a) and (b) of Schedule 27 to that Act. Section 49(4) and (4A) was substituted by section 41(1) of the Child Support, Pensions and Social Security Act 2000. There are relevant amendments to section 49 made by section 15 of, and paragraph 12 of Schedule 11 to, the Pensions Act 2014.

M3

2014 c.19. Section 22(1) is cited for the meaning it gives to “regulations”.

M4

See sections 170, 172(1) and 173(1)(b) of the Social Security Administration Act 1992 (c.5). There are relevant amendments to section 170 made by paragraph 24 of Schedule 12 to the Pensions Act 2014.

M5

See section 173(5) of the Social Security Administration Act 1992.

M6

The requirement to consult under section 83(11) applies only to the provisions in paragraphs 1(5)(a) and 2 of the Schedule to these Regulations. The Secretary of State consulted about those provisions and all the other provisions on sharing state pension in regulation 14 of, and the Schedule to, these Regulations.

Contents

  1. Part 1: General
  2. 1Citation, commencement, application and interpretation
  3. Part 1A: Full rate of State Pension
  4. 1AFull rate of state pension
  5. Part 2: Prisoners
  6. 2Prisoners who are not to be paid state pension
  7. 3Paying state pension to persons who are remanded in custody
  8. Part 3: Deferral of State Pension
  9. 4When a choice of lump sum or survivor's pension may be made
  10. 5How a choice of lump sum or survivor's pension may be made
  11. 6Changing a choice of lump sum or survivor's pension
  12. 7How entitlement to a state pension may be suspended
  13. 8Date from which a suspension of a state pension begins
  14. 9Cancelling a suspension of a state pension
  15. 10Percentage for the weekly rate of increases resulting from deferral of state pension
  16. 11Days which are not included in determining the period of deferral
  17. 12Part weeks treated as whole weeks in determining the amount of entitlement during deferral
  18. 12AModification of the amount of an increment for other cases during deferral
  19. Part 4: Minimum Qualifying Period
  20. 13Minimum number of qualifying years
  21. Part 5: Amendments to other legislation
  22. 14Sharing of state pension scheme rights
  23. Part 6: Graduated Retirement Benefit
  24. 15Survivor’s state pension based on inheritance of graduated retirement benefit
  25. 16Survivor’s state pension under regulation 15: inherited amount
  26. 17Survivor’s state pension under regulation 15: up-rating
  27. 18Choice of lump sum or state pension based on inheritance of deferred graduated retirement benefit
  28. 19Survivor’s lump sum based on inheritance of deferred graduated retirement benefit
  29. 20Survivor’s state pension based on inheritance of deferred graduated retirement benefit
  30. Part 7: Overseas Residents
  31. 21Entitlement to state pension for overseas residents
  32. 22Modification of the amount of an increment for an overseas resident
  33. 23Modification of the amount of an increment where regulations 12A and 22 both apply
  34. Part 8: National Insurance Credits
  35. Chapter 1: General
  36. 24Interpretation
  37. 25General provisions relating to the crediting of earnings or contributions
  38. Chapter 2: Crediting earnings or contributions in respect of a pre-commencement qualifying year
  39. 26Credits under the 1975 Regulations
  40. 27Credits for parents and carers
  41. 28Credits for spouses and civil partners of members of Her Majesty’s forces
  42. Chapter 3: Crediting earnings or contributions in respect of a qualifying year or a post-commencement qualifying year
  43. 29Credits under the 1975 Regulations
  44. 30Credits for persons in receipt of working tax credit
  45. 31Credits for persons entitled to universal credit
  46. 32Credits for persons approaching pensionable age
  47. 33Credits for spouses and civil partners of members of Her Majesty’s forces
  48. 34Credits in respect of an award of child benefit
  49. 35Credits for persons providing care for a child under the age of 12
  50. 36Credits for being a foster parent
  51. 37Credits for persons engaged in caring
  52. 38Credits for an additional period in respect of entitlement to carer’s allowance or carer support payment and relevant benefits
  53. 39Time limit for making an application under regulation 34(1)(b), 35, 36 or 37
  54. Signature
  55. Schedule: Amendments to other legislation – sharing of state pension rights
  56. 1Amendment of the Sharing of State Scheme Rights (Provision of Information and Valuation) (No.2) Regulations 2000
  57. 2Amendment of the Pensions on Divorce etc. (Pension Sharing) (Scotland) Regulations 2000
  58. Explanatory note