Paragraph 9
(1)
If notice of intention has been given under paragraph 3 and by the later of–
(a)
the date of the teacher’s becoming entitled to retiring allowances; and
(b)
his relevant birthday,
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no declaration has been delivered, then, from the later of those dates until he has either delivered a declaration or failed to satisfy the Secretary of State as mentioned in paragraph 5(3), ⅓ of his retirement pension may be withheld.
(2)
Any resulting underpayment or overpayment shall be adjusted in due course.