The State Pension Regulations 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/173 |
(1) These Regulations may be cited as the State Pension Regulations 2015.(2) These Regulations come into force on 6th April 2016.(3) These Regulations (except Part 5) do not apply to a person who reaches pensionable age (4) F38In these Regulations, “the 2014 Act” means the Pensions Act 2014.F38In these Regulations—The full rate of the state pension for the purposes of section 3(1) of the 2014 Act (full rate of state pension) is (1) Subject to regulation 3, a person is not to be paid a state pension under Part 1 of the 2014 Act (state pension) for any period during which the person is a prisoner a prisoner in Great Britain or elsewhere who is imprisoned or detained in legal custody in connection with, or as a result of, criminal proceedings;a prisoner in Great Britain or elsewhere who is unlawfully at large;under section 47 of the Mental Health Act 1983 (removal to hospital of persons serving sentences of imprisonment etc) ; andon or before the day which the Secretary of State certifies to be the person's release date (if any) within the meaning in section 50(3) of that Act a prisoner in Great Britain who is being detained under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder) (3) Where a person outside Great Britain is a prisoner within paragraph (2) (a) or (b) and, in similar circumstances in Great Britain, the person would not have been a prisoner, the person is not a prisoner within paragraph (2) (a) or (b) .(4) In determining a person’s rights to relevant benefits for the purposes of this regulation, regulation 13 of the State Pension Regulations 2015 (minimum number of qualifying years) , and any provisions in Northern Ireland which correspond to that regulation, shall not have effect.(1) Where a person is remanded in custody for an offence, regulation 2(1) does not apply unless a sentence described in paragraph (2) is later imposed on the person for the offence.a sentence of imprisonment or detention in legal custody as a result of criminal proceedings;a sentence of detention where the provisions mentioned in regulation 2(2) (c) (i) or (d) apply;a suspended sentence within the meaning in F46section 286 of the Sentencing Code (suspended sentences of imprisonment) .(3) A sentence described in paragraph (2) (a) which is imposed outside Great Britain is not a described sentence for the purposes of paragraph (1) if, in similar circumstances in Great Britain, a sentence described in paragraph (2) (a) would not have been imposed.a lump sum under section 8 of that Act; ora state pension under section 9 of that Act (survivor's pension based on
- “the 1965 Act” means the National Insurance Act 1965;
- “the 2014 Act” means the Pensions Act 2014;
- “deferral period” means the period during which a person’s entitlement to a state pension under Part 1 of the 2014 Act is deferred;
- “graduated retirement benefit” means any benefit under section 36 (graduated retirement benefit) or 37 (special provisions as to graduated retirement benefit for widows) of the 1965 Act.
To continue reading
Request your trial