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Pensions Act 2014 2014 c. 19 An Act to make provision about pensions and about benefits payable to people in connection with bereavement; and for connected purposes. [14th May 2014] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Propose a change(1) This Part creates a benefit called state pension. (2) A person who reaches pensionable age before 6 April 2016 is not entitled to benefits under this Part (but may be entitled to similar benefits under Part 2 of the Contributions and Benefits Act).
Propose a change(1) A person is entitled to a state pension payable at the full rate if— (a) the person has reached pensionable age, and (b) the person has 35 or more qualifying years. (2) A person is entitled to a state pension payable at the reduced rate if— (a) the person has reached pensionable age, and (b) the person has at least the minimum number of qualifying years but fewer than 35 qualifying years. (3) The minimum number of qualifying years for a state pension payable at the reduced rate is to be specified in regulations and may not be more than 10. (4) In this Part “qualifying year” means a tax year, during a person's working life, in which the person's earnings factor (or the sum of the person's earnings factors) is equal to or greater than the qualifying earnings factor for the year. (5) For earnings factors, see sections 22 and 23 of the Contributions and Benefits Act. (6) For transitional cases in which a person may be entitled to a different state pension (instead of a state pension under this section), see sections 4 and 12. (7) There are provisions elsewhere that affect a person's entitlement to a state pension under this section or the rate at which it is payable.
Propose a change(1) The full rate of the state pension is the weekly rate for the time being specified in regulations. (2) The reduced rate of the state pension for a person is the following proportion of the full rate— 1 35 × the person's number of qualifying years. (3) Once the full rate has been specified, the power to make regulations under subsection (1) may not be re-exercised so as to reduce the rate.
Propose a change(1) A person is entitled to a state pension payable at the transitional rate if— (a) the person has reached pensionable age, (b) the person has at least the minimum number of qualifying years, and (c) the person has at least one pre-commencement qualifying year. (2) The minimum number of qualifying years for a state pension payable at the transitional rate is to be specified in regulations and may not be more than 10. (3) A person entitled to a state pension payable at the transitional rate is not entitled to a state pension under section 2. (4) In this Part— “post-commencement qualifying year” means a qualifying year beginning on or after 6 April 2016; “pre-commencement qualifying year” means— a qualifying year beginning on or after 6 April 1978 and ending before 6 April 2016, or a reckonable year that would have been treated under regulation 13(1) of the Social Security (Widow's Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979 (S.I. 1979/643) as a qualifying year for the purposes of determining the person's entitlement to an old state pension that is a Category A retirement pension. (5) A reckonable year mentioned in paragraph (b) of the definition of “pre-commencement qualifying year” counts towards the minimum number of qualifying years required by subsection (1)(b) (even though it does not come within the definition of “qualifying year” for the purposes of this Part). (6) For earnings factors, see sections 22 and 23 of the Contributions and Benefits Act. (7) There are provisions elsewhere that affect a person's entitlement to a state pension under this section or the rate at which it is payable.
Propose a change(1) The transitional rate of the state pension for a person is a weekly rate equal to— (a) the sum of the amounts calculated under Schedule 1 for the person's pre-commencement and post-commencement qualifying years capped at the full rate of the state pension on the day on which the person reaches pensionable age, or (b) if higher, the amount for the person's pre-commencement qualifying years alone. (2) The transitional rate of the state pension for a person is to be increased from time to time in accordance with the applicable paragraph of Schedule 2. (3) Section 6 requires the transitional rate of the state pension for a person to be recalculated in certain circumstances. (4) There are special rules about the transitional rate for certain women: see section 11 (reduced rate elections).
Propose a change(1) This section modifies the transitional rate of the state pension for a person if, after the person has reached pensionable age, a determination is made under section 48A(2) of the Pension Schemes Act 1993 (contracting-out: reinstatement in state scheme following payment of contributions equivalent premium). (2) The person's transitional rate is to be recalculated (taking the determination into account under paragraph 3(8) of Schedule 1). (3) The recalculated rate has effect as from the day on which the person reached pensionable age (and the other provisions of this Part apply accordingly).
Propose a change(1) A person is entitled to a state pension under this section if— (a) the person has reached pensionable age, (b) the person's spouse died while they were married or the person's civil partner died while they were civil partners of each other, and (c) the person is entitled to an inherited amount under Schedule 3. (2) A state pension under this section is payable at a weekly rate equal to the inherited amount. (3) The rate of the state pension for a person under this section is to be increased from time to time in accordance with the applicable paragraph of Schedule 4. (4) Regulations may provide that if at any time the sum of the relevant state pensions for a person exceeds an amount provided for by regulations, the rate of any state pension payable to the person under this section is to be reduced by the amount of the excess. (5) The “sum of the relevant state pensions” for a person is the sum of— (a) the rate of any state pension payable to the person under this section (ignoring any reduction under subsection (4)), and (b) the rate of any state pension payable to the person under section 2, 4 or 12. (6) In subsections (4) and (5) a reference to the rate of a person's state pension is to the rate— (a) taking into account any reduction under section 14 (in the case of a state pension under section 4), but (b) ignoring any increase under section 17. (7) There are provisions elsewhere that affect a person's entitlement to a state pension under this section or the rate at which it is payable.
Propose a change(1) A person is entitled to a choice under this section if— (a) the person has reached pensionable age, (b) the person's spouse died while they were married or the person's civil partner died while they were civil partners of each other, (c) the spouse or civil partner's entitlement to an old state pension was deferred at the time of death and throughout the period of 12 months ending with the day before the death, (d) either: (i) the person was under pensionable age when the spouse or civil partner died and did not marry or form a civil partnership after the death and before reaching pensionable age, or (ii) the person was over pensionable age when the spouse or civil partner died, and (e) the person would, on reaching pensionable age or on the death of the spouse or civil partner, have been entitled to an old state pension if in the relevant provisions of the Contributions and Benefits Act: (i) the words “before 6 April 2016” were omitted, and (ii) any reference to a bereavement allowance included a reference to bereavement support payment under section 30 of this Act. (2) The person may choose— (a) to be paid a lump sum under this section, or (b) to be paid a state pension under section 9. (3) Regulations are to set out the manner in which, and the period within which, that choice is to be made. (4) A person who chooses to be paid a lump sum under this section, or who fails to choose within that period, is entitled to a “widowed person's or surviving civil partner's lump sum” calculated under paragraph 7B of Schedule 5 to the Contributions and Benefits Act. (5) In that paragraph as it applies for the purposes of this section— (a) read the references to “W” as references to the person, (b) read sub-paragraph (5) as if it required increases under paragraph 4 of the Schedule to be excluded, and (c) read the reference in sub-paragraph (7)(a) to the date on which W becomes entitled to a Category A or Category B retirement pension as a reference to the date on which the person becomes entitled to make a choice under this section. (6) There are provisions elsewhere that affect a person's entitlement to a lump sum under this section. (7) Regulations may allow a person, in specified circumstances— (a) to alter his or her choice under this section; (b) to make a late choice. (8) Regulations under subsection (7) may, for the purpose of avoiding the duplication of payment— (a) enable recovery of an amount paid to the person, or (b) reduce the amount of a lump sum to be paid to the person. (9) For the purposes of this section— (a) “deferred” has the meaning given by section 55(3) of the Contributions and Benefits Act, (b) “the relevant provisions” of the Contributions and Benefits Act are— section 44(1)(a); section 48(1); section 48A(1) and (3); section 48B(1), (1A), (4) and (4A); section 48BB(1) and (3), and (c) in determining whether a person would have been entitled to an old state pension as mentioned in subsection (1)(e) ignore any requirement to make a claim.
Propose a change(1) A person is entitled to a state pension under this section if— (a) the person has reached pensionable age, (b) the person's spouse died while they were married or the person's civil partner died while they were civil partners of each other, (c) either: (i) the person was under pensionable age when the spouse or civil partner died and did not marry or form a civil partnership after the death and before reaching pensionable age, or (ii) the person was over pensionable age when the spouse or civil partner died, (d) the person is entitled to an inherited deferral amount under Schedule 5, and (e) in the case of a person entitled to a choice under section 8, the person has chosen to be paid a state pension under this section. (2) A state pension under this section is payable at a weekly rate equal to the inherited deferral amount. (3) But if at any time an order under section 151A of the Administration Act comes into force, the rate of the person's state pension under this section is increased (at that time) by the percentage specified in the order. (4) A person may be entitled to more than one state pension under this section. (5) There are provisions elsewhere that affect a person's entitlement to a state pension under this section or the rate at which it is payable.
Propose a change(1) Regulations may make provision corresponding or similar to any provision of sections 7 to 9 and Schedules 3 to 5 for the purpose of conferring benefits on a person whose dead spouse or civil partner paid graduated contributions as an insured person. (2) The regulations may— (a) include provision corresponding or similar to any provision that may be made by regulations under section 7 or 8; (b) amend or otherwise modify this Act or any other enactment (whenever passed or made). (3) In this section “graduated contributions” and “insured person” have the meanings given by section 36(8) of the National Insurance Act 1965.
Propose a change(1) Section 4(1)(b) (minimum number of qualifying years for state pension at the transitional rate) does not apply to a woman if a reduced rate election was in force in respect of her at the beginning of the relevant 35-year period. (2) Schedule 6 modifies the rules about the transitional rate of the state pension for a woman if a reduced rate election was in force in respect of her at the beginning of the relevant 35-year period. (3) In this section— “reduced rate election” means an election made, or treated as having been made, under regulations under section 19(4) of the Contributions and Benefits Act; “relevant 35-year period” means the 35-year period ending with the tax year before the one in which the woman reached pensionable age.
Propose a change(1) A woman is entitled to a state pension under this section if— (a) she has reached pensionable age, (b) a reduced rate election was in force in respect of her at the beginning of the relevant 35-year period, (c) she does not have any pre-commencement qualifying years, and (d) she is entitled to a basic amount under Schedule 7. (2) A state pension under this section is payable at a weekly rate equal to the basic amount. (3) But if at any time the full rate of the state pension is increased, the rate of the woman's state pension under this section is increased (at that time) by the same percentage as the increase in the full rate. (4) In subsection (3) the reference to the rate of the woman's state pension is to the rate ignoring any increase under section 17. (5) A woman is not entitled to a state pension under this section and section 2 at the same time: she is only entitled to the one with the higher rate. (6) There are provisions elsewhere that affect a woman's entitlement to a state pension under this section or the rate at which it is payable. (7) In this section— “reduced rate election” means an election made, or treated as having been made, under regulations under section 19(4) of the Contributions and Benefits Act; “relevant 35-year period” means the 35-year period ending with the tax year before the one in which the woman reached pensionable age.
Propose a change(1) A person is entitled to a state pension under this section if— (a) the person has reached pensionable age, and (b) the person is entitled to a state scheme pension credit. (2) A state pension under this section is payable at the appropriate weekly rate set out in Schedule 8. (3) The rate of the state pension for a person under this section is to be increased from time to time in accordance with the applicable paragraph of Schedule 9. (4) A person may be entitled to more than one state pension under this section. (5) There are provisions elsewhere that affect a person's entitlement to a state pension under this section or the rate at which it is payable. (6) In this Part— “state scheme pension credit” means— a new state scheme pension credit, or an old state scheme pension credit; “new state scheme pension credit” means a credit under section 49A(2)(b) of the Welfare Reform and Pensions Act 1999; “old state scheme pension credit” means a credit under section 49(1)(b) of that Act.
Propose a change(1) The rate of a person's state pension under section 4 is reduced under this section if the person is subject to a state scheme pension debit. (2) The amount by which the rate is reduced is the amount of the appropriate weekly reduction set out in Schedule 10. (3) A person's state pension may be reduced more than once under this section. (4) In this Part— “state scheme pension debit” means— a new state scheme pension debit, or an old state scheme pension debit; “new state scheme pension debit” means a debit under section 49A(2)(a) of the Welfare Reform and Pensions Act 1999; “old state scheme pension debit” means a debit under section 49(1)(a) of that Act.
Propose a changeSchedule 11 contains amendments to do with pension sharing.
Propose a change(1) A person who has become entitled to a state pension under this Part may opt to suspend his or her entitlement in accordance with regulations. (2) A person is not entitled to any state pension under this Part for the period for which the person has opted to suspend his or her entitlement. (3) For other effects of a person exercising the option, see section 17. (4) A person may not opt to suspend his or her entitlement to a state pension under this Part on more than one occasion. (5) Regulations may specify other circumstances in which a person may not opt to suspend his or her entitlement to a state pension under this Part. (6) Regulations may allow a person who has opted to suspend his or her entitlement to a state pension under this Part to cancel the exercise of that option (in whole or in part) in relation to a past period.
Propose a change(1) If a person's entitlement to a state pension under this Part has been deferred for a period, the weekly rate of the person's state pension is increased by an amount equal to the sum of the increments to which the person is entitled. (2) But the weekly rate is not to be increased under subsection (1) if the increase would be less than 1% of the person's weekly rate ignoring that subsection. (3) A person is entitled to one increment for each whole week in the period during which the person's entitlement to a state pension was deferred. (4) The amount of an increment is equal to a specified percentage of the weekly rate of the state pension to which the person would have been entitled immediately before the end of that period if the person's entitlement had not been deferred. (5) In subsection (4) “specified” means specified in regulations. (6) The amount of an increase under this section is itself to be increased from time to time in accordance with any order made under section 150 of the Administration Act (annual up-rating of benefits). (7) For the purposes of this section and section 18 a person's entitlement to a state pension under this Part is deferred for a period if the person has opted under section 16 to suspend his or her entitlement for that period. (8) For the purposes of this section and section 18 a person's entitlement to a state pension under this Part is also deferred for a period if the person is not entitled to it for that period by reason only of— (a) not satisfying the conditions in section 1 of the Administration Act (entitlement dependent on claim etc), or (b) subsection (9) below. (9) A person is not entitled to a state pension under this Part for any period during which his or her entitlement to any other state pension under this Part is deferred.
Propose a change(1) Regulations may— (a) provide for circumstances in which a part of a week is to be treated for the purposes of section 17(3) as a whole week, and (b) provide for circumstances in which a day does not count in determining a number of whole weeks for the purposes of section 17(3) (for example if the person is receiving other benefits). (2) Regulations may modify section 17(4) in cases where, at any time in the period during which a person's entitlement to a state pension is deferred, the rate for the person would have changed otherwise than because of an up-rating increase. (3) Regulations may modify section 17(4) in relation to a person who has been an overseas resident during any part of the period for which the person's entitlement to a state pension has been deferred. (4) In subsection (3) “overseas resident” means a person who is not ordinarily resident in Great Britain or any other territory specified in the regulations. (5) Regulations may amend the percentage specified in section 17(2).
Propose a change(1) Regulations may provide that a person is not to be paid a state pension under this Part for any period during which the person is a prisoner. (2) “Prisoner” means a person (in Great Britain or elsewhere) who is— (a) imprisoned or detained in legal custody, or (b) unlawfully at large. (3) In the case of a person remanded in custody for an offence, regulations under subsection (1) may be made so as to apply only if a sentence of a specified description is later imposed on the person for the offence.
Propose a change(1) Regulations may provide that an overseas resident who is entitled to a state pension under this Part is not entitled to up-rating increases. (2) In this section “overseas resident” means a person who is not ordinarily resident in Great Britain or any other territory specified in the regulations. (3) Regulations under this section do not affect the rate of an overseas resident's state pension for any period during which he or she is in Great Britain or a territory specified in the regulations (but once the overseas resident ceases to be in Great Britain or a specified territory the rate reverts to what it would have been had he or she not been in Great Britain or a specified territory). (4) Regulations under this section do not affect the rate of a person's state pension once the person stops being an overseas resident.
Propose a change(1) In this Part “old state pension” means a Category A retirement pension or a Category B retirement pension. (2) A reference in this Part to the rate of an old state pension (however expressed) does not include— (a) graduated retirement benefit under the National Insurance Act 1965, or (b) any increase in the rate because of Schedule 5 to the Contributions and Benefits Act (deferral increases).
Propose a change(1) In this Part— “the Administration Act” means the Social Security Administration Act 1992; “Category A retirement pension” means a Category A retirement pension under Part 2 of the Contributions and Benefits Act; “Category B retirement pension” means a Category B retirement pension under Part 2 of the Contributions and Benefits Act; “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992; “enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978; “full rate” means the rate mentioned in section 3(1); “old state pension” has the meaning given by section 21 (and references to the rate of an old state pension are to be read in accordance with that section); “pensionable age” has the meaning given by section 122(1) of the Contributions and Benefits Act; and a person is “over” pensionable age if the person has reached that age (and is otherwise “under” that age); “post-commencement qualifying year” has the meaning given by section 4(4); “pre-commencement qualifying year” is to be read in accordance with section 4(4) and (5); “qualifying earnings factor” has the meaning given by section 122(1) of the Contributions and Benefits Act; “qualifying year” has the meaning given by section 2(4); “reduced rate” means the rate mentioned in section 3(2); “regulations” means regulations made by the Secretary of State; “state scheme pension credit”, and related expressions, have the meaning given by section 13; “state scheme pension debit”, and related expressions, have the meaning given by section 14; “tax year” has the meaning given by section 122(1) of the Contributions and Benefits Act; “transitional rate” means the rate mentioned in section 5; “up-rating increase”, in relation to a state pension under this Part, means— an increase in the rate of the state pension because of an increase in the amount specified in regulations under section 3(1), ... an increase in the rate of the state pension because of section 9(3), 12(3) or 17(6) or Schedule 2, 4 or 9; , or an increase in the rate of the state pension because of regulations under section 10 which make provision corresponding or similar to section 9(3) or Schedule 4; “working life” has the meaning given by section 122(1) of the Contributions and Benefits Act. (2) For the purposes of any other provision of this Part two people are to be treated as if they are not married to each other in relation to times when either of them is married to a third person.
Propose a changeIn Schedule 12— Part 1 contains amendments to do with state pensions under this Part; Part 2 contains key amendments to do with the old state pension system; Part 3 contains amendments to do with state pension credit; Part 4 contains other amendments to do with this Part.
Propose a change(1) Schedule 13 contains amendments to abolish contracting-out for salary related schemes. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) Subsections (2) to (7) and Schedule 14 are repealed at the end of the period of 5 years beginning with 6 April 2016. (9) The Secretary of State may by order amend subsection (8) to extend the period for the time being mentioned there.
Propose a changeIn Schedule 15— Part 1 contains amendments to allow certain people to pay additional contributions to boost their retirement pensions; Part 2 contains amendments to allow corresponding legislation to be put in place for Northern Ireland.
Propose a change(1) Paragraph 1 of Schedule 4 to the Pensions Act 1995 is amended as follows. (2) In sub-paragraph (6) for “6th April 1968” substitute “ 6th April 1960 ”. (3) For sub-paragraph (7) and table 3 substitute— (7) A person born on any day in a period mentioned in column 1 of table 3 attains pensionable age when the person attains the age shown against that period in column 2. TABLE 3 (1) | (2) Period within which birthday falls | Age pensionable age attained 6th April 1960 to 5th May 1960 | 66 years and 1 month 6th May 1960 to 5th June 1960 | 66 years and 2 months 6th June 1960 to 5th July 1960 | 66 years and 3 months 6th July 1960 to 5th August 1960 | 66 years and 4 months 6th August 1960 to 5th September 1960 | 66 years and 5 months 6th September 1960 to 5th October 1960 | 66 years and 6 months 6th October 1960 to 5th November 1960 | 66 years and 7 months 6th November 1960 to 5th December 1960 | 66 years and 8 months 6th December 1960 to 5th January 1961 | 66 years and 9 months 6th January 1961 to 5th February 1961 | 66 years and 10 months 6th February 1961 to 5th March 1961 | 66 years and 11 months (7A) For the purposes of table 3— (a) a person born on 31st July 1960 is to be taken to attain the age of 66 years and 4 months at the commencement of 30th November 2026; (b) a person born on 31st December 1960 is to be taken to attain the age of 66 years and 9 months at the commencement of 30th September 2027; (c) a person born on 31st January 1961 is to be taken to attain the age of 66 years and 10 months at the commencement of 30th November 2027. (4) In sub-paragraph (8) for “5th April 1969” substitute “ 5th March 1961 ”.
Propose a change(1) The Secretary of State must from time to time— (a) review whether the rules about pensionable age are appropriate, having regard to life expectancy and other factors that the Secretary of State considers relevant, and (b) prepare and publish a report on the outcome of the review. (2) The first report must be published before 7 May 2017. (3) Each subsequent report must be published before the end of the period of 6 years beginning with the day on which the previous report was published. (4) For the purposes of each review, the Secretary of State must require the Government Actuary or Deputy Government Actuary to prepare a report for the Secretary of State on— (a) whether the rules about pensionable age mean that, on average, a person who reaches pensionable age within a specified period can be expected to spend a specified proportion of his or her adult life in retirement, and (b) if not, ways in which the rules might be changed with a view to achieving that result. (5) The Secretary of State must, for the purposes of a review, appoint a person or persons to prepare a report for the Secretary of State on other specified factors relevant to the review. (6) The Secretary of State must lay before Parliament any report prepared under this section. (7) For the purposes of subsection (4)— (a) a person's adult life is the part of the person's life after he or she reaches the specified age; (b) the proportion of a person's adult life spent in retirement is the proportion of his or her adult life spent after reaching pensionable age. (8) In this section— “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (and “the rules about pensionable age” means those rules); “specified” means specified by the Secretary of State.
Propose a change(1) In section 6 of the State Pension Credit Act 2002 (duty to specify assessed income period), in subsection (1), after “subsection (3) or (4)” insert “ where the relevant decision takes effect before 6 April 2016 ”. (2) At the end of the heading to that section insert “ for pre-6 April 2016 awards ”. (3) Regulations under section 9(5) of the State Pension Credit Act 2002 may in particular be made for the purpose of phasing out, on or after 6 April 2016, any remaining assessed income period that is 5 years or shorter than 5 years.
Propose a change(1) If this section comes into force before 6 April 2014— (a) section 105(6) of the Pensions Act 2008 (which provides that section 9(6) of the State Pension Credit Act 2002 ceases to have effect on 6 April 2014) is repealed, and (b) in section 9(6)(a) of the State Pension Credit Act 2002 (duration of assessed income period for certain transitional cases to be treated as indefinite), after “brought to an end” insert “ , on or after 6 April 2009 but before 6 April 2014, ”. (2) If this section comes into force on or after 6 April 2014— (a) section 105(6) of the Pensions Act 2008 (which provides that section 9(6) of the State Pension Credit Act 2002 ceases to have effect on 6 April 2014) is repealed and is to be treated as never having had effect, and (b) in section 9(6)(a) of the State Pension Credit Act 2002 (duration of assessed income period for certain transitional cases to be treated as indefinite) as restored by this section, after “brought to an end” insert “ , on or after 6 April 2009 but before 6 April 2014, ”.
Propose a change(1) A person is entitled to a benefit called bereavement support payment if— (a) the person's spouse, civil partner or cohabiting partner dies, (aa) in the case of a person whose cohabiting partner dies, the person is pregnant or entitled to child benefit in circumstances specified under subsection (4) or, where no such circumstances are specified, in such circumstances as the Secretary of State may specify by regulations, (b) the person is under pensionable age when the spouse, civil partner or cohabiting partner dies, (c) the person is ordinarily resident in Great Britain, or a specified territory, when the spouse, civil partner or cohabiting partner dies, and (d) the contribution condition is met (see section 31). (1A) Only one person is entitled to bereavement support payment in respect of one death. (1B) Where, apart from subsection (1A), more than one person would be so entitled, entitlement is to be determined in accordance with subsections (1C) and (1D). (1C) Where only one of those persons is a member of the same household as the deceased, that person is entitled. (1D) Where there is more than one person who is a member of the same household as the deceased and would (apart from subsection (1A)) be entitled— (a) if one of those persons is the deceased’s spouse or civil partner and is pregnant or entitled to child benefit in circumstances specified under subsection (1)(aa) or (4), that person is entitled; (b) if there is no spouse or civil partner entitled under paragraph (a), the deceased’s cohabiting partner who is pregnant or entitled to child benefit in circumstances specified under subsection (1)(aa) or (4) is entitled (but this is subject to paragraphs (c) and (d)); (c) if there is more than one cohabiting partner within paragraph (b), the cohabiting partner who has been a member of the same household as the deceased for longest is entitled; (d) if there is more than one cohabiting partner within paragraph (b) and each partner has been a member of the same household as the deceased for the same length of time, the Secretary of State must determine who is entitled. (2) The Secretary of State must by regulations specify— (a) the rate of the benefit, and (b) the period for which it is payable. (3) The regulations may specify different rates for different periods. (4) In the case of a person who is pregnant or entitled to child benefit in specified circumstances, the regulations may— (a) specify a higher rate; (b) provide for the allowance to be payable for a longer period. (5) A person is not entitled to bereavement support payment for periods after the person has reached pensionable age. (6) A person is not entitled to bereavement support payment if the death occurred before this section came fully into force. (6A) For the purposes of this section, the Secretary of State may by regulations specify— (a) circumstances in which the fact that two persons are married to each other, or are civil partners or cohabiting partners of each other, is to be disregarded; (b) circumstances in which two persons are to be treated as if they were married to each other or were civil partners or cohabiting partners of each other; (c) circumstances in which people are to be treated as being, or as not being, members of the same household. (6B) For the purposes of this section, two persons are cohabiting partners if they are not married to, or civil partners of, each other but are living together as if they were married or civil partners. (6C) The Secretary of State must issue a statement of the Secretary of State’s policy with respect to making determinations under subsection (1D)(d). (7) In this section— “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995; “specified territory” means a territory specified in regulations made by the Secretary of State.
Propose a change(1) For the purposes of section 30(1)(d) the contribution condition is that, for at least one tax year during the deceased's working life— (a) he or she actually paid Class 1 or Class 2 national insurance contributions, and (b) those contributions give rise to an earnings factor (or total earnings factors) equal to or greater than 25 times the lower earnings limit for the tax year. (2) For earnings factors, see sections 22 and 23 of the Social Security Contributions and Benefits Act 1992. (3) For the purposes of section 30(1)(d) the contribution condition is to be treated as met if the deceased was an employed earner and died as a result of— (a) a personal injury of the kind mentioned in section 94(1) of the Social Security Contributions and Benefits Act 1992, or (b) a disease or personal injury of the kind mentioned in section 108(1) of that Act. (4) In this section the following expressions have the meaning given by section 122(1) of the Social Security Contributions and Benefits Act 1992— “employed earner”, “lower earnings limit”, “tax year”, and “working life”. (5) Schedule 16 contains amendments to do with bereavement support payment.
Propose a change(1) The Secretary of State may by regulations provide that a person is not to be paid bereavement support payment for any period during which the person is a prisoner. (2) “Prisoner” means a person (in Great Britain or elsewhere) who is— (a) imprisoned or detained in legal custody, or (b) unlawfully at large. (3) In the case of a person remanded in custody for an offence, regulations under subsection (1) may be made so as to apply only if a sentence of a specified description is later imposed on the person for the offence.
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Propose a changeIf no regulations have been made under section 34 by the end of the period of 7 years beginning with the day on which it comes into force, that section is repealed at the end of that period.
Propose a change(1) Section 71 of the Pension Schemes Act 1993 (basic principle as to short service benefit) is amended as follows. (2) In subsection (1)(a), after “service,” insert— (aa) he has at least 30 days' qualifying service and, if he were entitled to benefit because of this paragraph, all of it would necessarily be money purchase benefit, . (3) After subsection (9) insert— (10) Subsections (7) to (9) apply, with the substitution for references to 2 years of references to 30 days, for determining whether a person has at least 30 days' qualifying service for the purposes of subsection (1). (11) Subsection (1)(aa) does not apply in relation to a person's membership of a scheme if any period of relevant service began before the day on which section 36 of the Pensions Act 2014 came into force (whether or not it also ended before that date). “Relevant service” means service that counts towards the 30 days' qualifying service for the purposes of subsection (1). (4) In section 101AA of the 1993 Act (early leavers: cash transfer sums and contribution refunds), in subsection (4)(b), after “(a)” insert “ , (aa) ”.
Propose a change(1) The Pensions Act 2008 is amended as follows. (2) In section 5 (automatic re-enrolment), after subsection (3) insert— (3A) Subsection (2) does not apply if the jobholder's automatic enrolment date is deferred under section 4 from a date before the automatic re-enrolment date to a date after the automatic re-enrolment date. (3) In section 30(7) (transitional period for defined benefits and hybrid schemes), at the end insert— (c) section 5(2) does not apply in relation to an automatic re-enrolment date that falls before the day with effect from which arrangements would by virtue of this section fall to be made in respect of the jobholder.
Propose a change(1) In section 10 of the Pensions Act 2008 (information to be given to workers)— (a) in subsection (1)— (i) for “must” substitute “ may ”; (ii) in paragraphs (a) and (b), omit “all”; (b) in subsection (2) for “must state” substitute “ may in particular make provision about ”. (2) In Chapter 8 of Part 1 of the Pensions Act 2008, before section 88 (and the heading “Workers” above it) insert— Exceptions Power to create exceptions from the employer duties etc 87A (1) The Secretary of State may by regulations provide for exceptions to the employer duties; and an exception may in particular— (a) turn an employer duty into a power; (b) be framed by reference to a description of worker, particular circumstances or in some other way. (2) But the regulations may not provide for an exception for employers of a particular size. (3) Regulations which make provision under subsection (1)(a) may make provision modifying this Part or regulations made under it in connection with that provision. (4) The regulations may make provision in connection with the coming to an end of the state of affairs that caused an exception to apply, including provision— (a) modifying this Part or regulations made under it in relation to a person; (b) for the purpose of putting a person, wholly or partly, in the position he or she would have been in if the exception had never applied. (5) In this section “employer duties” means any duty of an employer under any provision of sections 2 to 11 and 54 or of regulations made under those sections. (3) In consequence of subsection (2), the following are repealed— (a) section 292A of the Pensions Act 2004; (b) section 5(4) of the Pensions Act 2008; (c) section 18 of the Pensions Act 2011.
Propose a change(1) The Pensions Act 2008 is amended as follows. (2) After section 23 insert— Alternative quality requirements for UK defined benefits schemes 23A (1) The Secretary of State may by regulations provide that a defined benefits scheme that has its main administration in the United Kingdom satisfies the quality requirement in relation to a jobholder if any one or more of the following is satisfied— (a) the scheme is of a prescribed description and satisfies the quality requirement under section 20 in relation to that jobholder; (b) the cost of providing the benefits accruing for or in respect of the relevant members over a relevant period would require contributions to be made of a total amount equal to at least a prescribed percentage of the members' total relevant earnings over that period; (c) in the case of each of at least 90% of the relevant members, the cost of providing the benefits accruing for or in respect of the member over a relevant period would require contributions to be made of a total amount equal to at least a prescribed percentage of the member's total relevant earnings over that period. (2) For this purpose— “contributions” means contributions to the scheme by, or on behalf or in respect of, a relevant member; “relevant earnings” means earnings of a prescribed description; “relevant members” means members of the scheme of a prescribed description; “relevant period” means a period specified in or determined in accordance with the regulations. (3) A percentage prescribed under subsection (1)(b) or (c) must be at least 8%. (4) Regulations under subsection (1)(b) or (c) may make provision— (a) about how to calculate whether the requirement is satisfied, including provision requiring the calculation to be made in accordance with prescribed methods or assumptions; (b) requiring benefits of a prescribed description to be disregarded in determining whether the requirement is satisfied; (c) that a scheme only satisfies the requirement if the scheme actuary certifies that it does; and for this purpose “scheme actuary” has the prescribed meaning. (5) Section 13(3) (meaning of “earnings”) applies for the purposes of this section as it applies for the purposes of that section. (6) The Secretary of State must from time to time review any regulations in force under subsection (1). (7) A review must be carried out— (a) during 2017, and (b) after that, no more than three years after the completion of the previous review. (3) In section 24 (quality requirement: UK hybrid schemes), in subsection (1)(b), for “23” substitute “ 23A ”. (4) In section 28 (certification that quality requirement or alternative requirement is satisfied)— (a) after subsection (3A) insert— (3B) This section also applies to a defined benefits scheme that has its main administration in the United Kingdom and is of a description prescribed under section 23A(1)(a). ; (b) in subsection (4), after paragraph (d) insert— (e) for a scheme within subsection (3B), means the quality requirement under section 23A(1)(a). (5) In section 29 (transitional periods for money purchase and personal pension schemes), in subsections (1) and (3) omit “for money purchase and personal pension schemes”. (6) Section 30 (transitional period for defined benefits and hybrid schemes) is amended as follows. (7) In subsection (3), at the end of the substituted subsection (2) insert— A reference in this subsection to a scheme does not include a scheme to which section 30(11)(a) or (b) applies. (8) In subsection (5), in the substituted subsection (2)— (a) in paragraph (a), after “defined benefits scheme” insert “ other than a scheme to which section 30(11)(a) applies ”; (b) in paragraph (aa) (inserted by section 40 of this Act), after “a hybrid scheme” insert “ other than a scheme to which section 30(11)(b) applies ”; (c) after paragraph (c) (inserted by section 40 of this Act), insert— (d) becomes an active member, with effect from the automatic enrolment date, of an automatic enrolment scheme which is a defined benefits scheme to which section 30(11)(a) applies, or (e) becomes a defined benefits member , with effect from the automatic enrolment date, of an automatic enrolment scheme which is a hybrid scheme to which section 30(11)(b) applies. (9) After subsection (10) (inserted by section 40 of this Act) insert— (11) In subsection (2) references to a scheme do not include— (a) a defined benefits scheme that satisfies the quality requirement in relation to the jobholder by reason only of section 23A(1)(a), or (b) a hybrid scheme if— (i) the appropriate paragraph of section 24(1) for any provisions of the scheme is paragraph (b) (those provisions are referred to below as “the defined benefits section”), (ii) the defined benefits section satisfies section 23A(1)(a) as applied by section 24(1)(b), and (iii) the defined benefits section does not satisfy any of the other requirements mentioned in section 24(1)(b).
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