Regulation 1 Citation, commencement and interpretation

These Regulations may be cited as the Transfer of State Pensions and Benefits Regulations 2007 and shall come into force on 1st June 2007.

In these Regulations—

• F1...

• ...

• F2“the 1992 Acts” means—

  1. (a)

     the Social Security Contributions and Benefits Act 1992; and

  2. (b)

     the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• “active employment” has the same meaning as in Article 36 of the Council Regulation;

• “the Council Regulation” means Council Regulation ( EEC , Euratom, ECSC ) No.259/68 laying down staff regulations of officials and the conditions of employment of other servants of the European Union;

• “the EU scheme” means the pension scheme provided for officials of EU institutions in accordance with Articles 77 to 84 of, and Annex VIII to, the Council Regulation;

• “guarantee date” means the date—

  1. (a)

     by reference to which the cash equivalent value of transferable rights is calculated; and

  2. (b)

     which falls within a period of three months beginning with the date on which the transfer application is received by the Secretary of State;

• F3“leave on personal grounds” has the same meaning as in Article 40 of the Council Regulation;

• “relevant benefit” means—

  1. (a)

     graduated retirement benefit under—

     1. (i)

        sections 36 and 37 of the National Insurance Act 1965; and

     2. (ii)

        sections 35 and 36 of the National Insurance Act (Northern Ireland) 1966;

  2. (b)

     any benefit under Parts 2 to 5 and 10 of the 1992 Acts;

  3. (ba)

     F4a state pension under Part 1 of the Pensions Act 2014 or Part 1 of the Pensions Act (Northern Ireland) 2015;

  4. (bb)

     F5bereavement support payment under section 30 of the Pensions Act 2014 or section 29 of the Pensions Act (Northern Ireland) 2015;

  5. (c)

     F6a jobseeker’s allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as it has effect apart from those provisions;

  6. (ca)

     F7a jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as it has effect apart from those provisions;

  7. (d)

     F8employment and support allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions;

  8. (da)

     F9employment and support allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions;

• “secondment” has the same meaning as in Articles 37 to 39 of the Council Regulation;

• ...

• “statement of entitlement” means a written statement—

  1. (a)

     of the amount of the cash equivalent at the guarantee date of the transferable rights which have accrued to, or in respect of, the transferor; and

  2. (b)

     which contains details of the basis of how that amount has been calculated;

• “transfer application” means an application referred to in regulation 3(1);

• “transferor” means the person who has applied to the Secretary of State to transfer his transferable rights into F10the EU scheme.

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