# The State Pension Regulations 2015, Regulation 11: Days which are not included in determining the period of deferral

Extent: E+W+S+N.I.

(1) In the circumstances set out in paragraph (2), a day does not count in determining a number of whole weeks for the purposes of section 17(3) of the 2014 Act.
(2) The circumstances mentioned in paragraph (1) are where the day is—
(a) a day on which the person whose entitlement to a state pension under Part 1 of the 2014 Act is deferred has received any of the following benefits—
(i) state pension credit under section 1 of the State Pension Credit Act 2002 (entitlement to state pension credit) ;
(ii) income support under section 124 of the Contributions and Benefits Act (income support) ;
(iii) an income-related employment and support allowance (which means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) );
(iv) an income-based jobseeker's allowance within the meaning in section 1(4) of the Jobseekers Act 1995 (the jobseeker's allowance) ;
(v) universal credit under Part 1 of the Welfare Reform Act 2012 (universal credit) ;
(vi) a carer's allowance under section 70 of the Contributions and Benefits Act (carer's allowance) ;
(via) the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (“carer support payment”);
(vii) an unemployability supplement within the meaning in regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1979 (interpretation) ;
(viii) severe disablement allowance under section 68 of the Contributions and Benefits Act (entitlement and rate of severe disablement allowance) ;
(ix) a widow's pension under section 39 of the Contributions and Benefits Act (rate of widowed mother's allowance and widow's pension) ;
(x) a widowed mother's allowance under section 37 of the Contributions and Benefits Act (widowed mother's allowance) ;
(xi) incapacity benefit under section 30A of the Contributions and Benefits Act (incapacity benefit: entitlement) ;
(b) a day on which a person—
(i) has received an increase of any of the benefits mentioned in sub-paragraph (a) in respect of the person whose entitlement to a state pension under Part 1 of the 2014 Act is deferred; and
(ii) is married to, in a civil partnership with or residing with the person whose entitlement to a state pension under Part 1 of the 2014 Act is deferred; or
(c) a day on which the person whose entitlement to a state pension under Part 1 of the 2014 Act is deferred would not, if their entitlement was not deferred, be paid that state pension because they were a prisoner (see section 19 of the 2014 Act (prisoners) and regulations 2 and 3).

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Source: https://www.legislation.gov.uk/uksi/2015/173/regulation/11 (the official version)
Page: https://openlegislation.uk/state-pension-regulations-2015/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

