OpenLegislation

Regulation 21 Entitlement to state pension for overseas residentsF1C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19

(1)

An overseas resident who is entitled to a state pension under Part 1 of the Act is not entitled to up-rating increases in accordance with this regulation.

(2)

This regulation—

(a)

applies in relation to an up-rating increase if Regulations are made—

(i)

in consequence of an order under section 132A (annual up-rating) or 132B (up-rating of transitional state pensions under Pensions Act (Northern Ireland) 2015) of the Administration Act or in consequence of any other legislation; and

(ii)

which provide that this regulation applies to that up-rating increase; and

(b)

is subject to the Regulations referred to in sub-paragraph (a).

(3)

Paragraph (4) applies in a case where—

(a)

a person’s entitlement to a state pension under Part 1 of the Act has been deferred for a period; and

(b)

when the deferral period ends, that person is—

(i)

entitled to a state pension under Part 1 of the Act; and

(ii)

an overseas resident.

(4)

Where this paragraph applies, the person mentioned in paragraph (3) is not entitled to any up-rating increases—

(a)

in respect of the deferral period if—

(i)

the person was an overseas resident at the time of that increase; and

(ii)

the person continued to be an overseas resident until the deferral period ended; and

(b)

after the deferral period ended if the person is an overseas resident at the time of that increase.

(5)

In all other cases, a person is not entitled to up-rating increases where, immediately before the up-rating increase comes into operation, the person was—

(a)

entitled to a state pension under Part 1 of the Act; and

(b)

an overseas resident.

(6)

For the purposes of sections 18(4) and 20(2) and (3) of the Act, the territory specified is any part of the Channel Islands in respect of which an order made under section 155 of the Administration Act is not in operation.

Annotations

Textual amendments

F1

Pts. 6, 7 added (6.4.2016) by The State Pension (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/80), regs. 1, 2(4)

Modifications

C1

Reg. 21 applied (10.4.2017) by The Social Security Benefits Up-rating Regulations (NorthernIreland) 2017 (S.R. 2017/60), regs. 1(1), 3

C2

Reg. 21 applied (25.9.2017) by The Social Security Benefits Up-rating (No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/189), regs. 1(1), 3

C3

Reg. 21 applied (24.3.2018) by The Social Security (2017 Benefits Up-rating) Regulations (NorthernIreland) 2018 (S.R. 2018/57), regs. 1(1), 3

C4

Reg. 21 applied (9.4.2018) by The Social Security Benefits Up-rating Regulations (Northern Ireland) 2018 (S.R. 2018/60), regs. 1(1), 3

C5

Reg. 21 applied (29.9.2018) by The Social Security Benefits Up-rating (No. 2) Regulations (Northern Ireland) 2018 (S.R. 2018/169), regs. 1(1), 3

C6

Reg. 21 applied (26.3.2019) by The Social Security (2018 Benefits Up-rating) Regulations (Northern Ireland) 2019 (S.R. 2019/48), regs. 1(1), 3

C7

Reg. 21 applied (8.4.2019) by The Social Security Benefits Up-rating Regulations (Northern Ireland) 2019 (S.R. 2019/59), regs. 1(1), 3

C8

Reg. 21 applied (27.9.2019) by The Social Security Benefits Up-rating (No. 2) Regulations (Northern Ireland) 2019 (S.R. 2019/189), regs. 1(1), 3

C9

Reg. 21 applied (6.4.2020) by The Social Security Benefits Up-rating Regulations (Northern Ireland) 2020 (S.R. 2020/41), regs. 1(1), 3

C10

Reg. 21 applied (11.4.2022) by The Social Security Benefits Up-rating Regulations (Northern Ireland) 2022 (revoked) 2022 (S.R. 2022/144), regs. 1(1), 3

C11

Reg. 21 applied (28.9.2022) by The Social Security Benefits Up-rating (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/232), regs. 1(1), 3

C12

Reg. 21 applied (27.3.2023) by The Social Security (2022 Benefits Up-rating) Regulations (Northern Ireland) 2023 (S.R. 2023/30), regs. 1(1), 3

C13

Reg. 21 applied (10.4.2023) by The Social Security Benefits Up-rating Regulations (Northern Ireland) 2023 (S.R. 2023/45), regs. 1(1), 3

C14

Reg. 21 applied (26.9.2023) by The Social Security Benefits Up-rating (No. 3) Regulations (Northern Ireland) 2023 (S.R. 2023/151), regs. 1(1), 3

C15

Reg. 21 applied (27.9.2023) by The Social Security Benefits Up-rating (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/145), regs. 1(1), 3

C16

Reg. 21 applied (22.3.2024) by The Social Security (2023 Benefits Up-rating) Regulations (Northern Ireland) 2024 (S.R. 2024/71), regs. 1(1), 3

C17

Reg. 21 applied (8.4.2024) by The Social Security Benefits Up-rating Regulations (Northern Ireland) 2024 (S.R. 2024/76), regs. 1(1), 3

C18

Reg. 21 applied (7.4.2025) by The Social Security Benefits Up-rating Regulations (Northern Ireland) 2025 (S.R. 2025/67), regs. 1(1), 3

C19

Reg. 21 applied (6.4.2026) by The Social Security Benefits Up-rating Regulations (Northern Ireland) 2026 (S.R. 2026/61), regs. 1(1), 3