# Welfare Reform and Pensions Act 1999, Section 47: Shareable state scheme rights.

Extent: E+W+S

(1) Pension sharing is available under this Chapter in relation to a person’s shareable state scheme rights.
(1A) For the purposes of this Chapter, a person's shareable state scheme rights are—
(a) the person's shareable old state scheme rights;
(b) the person's shareable new state scheme rights.
(2) For the purposes of this Chapter, a person’s shareable old state scheme rights are—
(a) his entitlement, or prospective entitlement, to a Category A retirement pension by virtue of section 44(3)(b) of the Contributions and Benefits Act (... additional pension), and
(b) his entitlement, or prospective entitlement, to a pension under section 55A or 55AA of that Act (shared additional pension).
(3) For the purposes of this Chapter, a person's shareable new state scheme rights are the person's entitlement, or prospective entitlement, to the excess amount in a state pension under section 4 of the Pensions Act 2014.
(4) “The excess amount”, in relation to a state pension under section 4 of the Pensions Act 2014, means any amount by which the rate of the pension exceeds the full rate of the state pension (see section 3 of that Act).
(5) In determining the rate of a state pension under section 4 of the Pensions Act 2014 for the purposes of this Chapter, ignore Schedule 6 to that Act (reduced rate elections: effect on rate of section 4 pension).

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Source: https://www.legislation.gov.uk/ukpga/1999/30/section/47 (the official version)
Page: https://openlegislation.uk/welfare-reform-and-pensions-act-1999/section-47
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

