Social Welfare Consolidation Act 2005

(d) who has attained the age of 70 years, and has never been awarded a State pension (contributory), shall be entitled to State pension (contributory) payable at the age referenced rate of State pension (contributory) for age 70 years.

(1C) A person shall not be entitled to the age referenced rate of State pension (contributory) payable for his or her age at the date of his or her claim, except to the extent specified insubsection (1B)ofsection 109where, having attained pensionable age, the person is or has been in receipt of a specified weekly payment.]

[1993 s83(2); 2005 (SW&P) s22]

(2) In this Chapter—

F658[‘age referenced rate of State pension (contributory)’ means the rate of State pension (contributory) specified inPart 1ofSchedule 2applicable for a claimant’s age, which, on satisfying the contribution conditions set out insection 109, is payable to a claimant upon attaining pensionable age or deferred pensionable age, as the case may be, and once an age referenced rate of State pension (contributory) has been so awarded to a claimant, that rate shall remain payable to the claimant concerned for the remaining period of his or her claim;]

F659[‘aggregated contributions method’, in relation to a claimant, has the meaning assigned to it bysection 109(6B);]

F658[‘deferred pensionable age’ means, in relation to a person born on or after 1 January 1958 who has attained pensionable age—

(a) the age at which he or she is awarded a State pension (contributory), or

(b) the age of 70 years,

whichever is the lesser age and, in any event, does not apply to a person born on or before 31 December 1957;]

F659[‘home caring period’means, in the case of a person who attained pensionable age onF660[on or after 1 September 2012, or deferred pensionable age on or after 1 January 2024, as the case may be,]any contribution week during which—

(a) he or she was aged 16 or over but underF661[pensionable age or deferred pensionable age, as the case may be,]and was resident in the State, or was a person referred to inparagraph (a),(b)or(c)ofsection 219(2),

F662[(b) he or she was not engaged in remunerative employment, other than employment specified inparagraph 5ofPart 2ofSchedule 1, or he or she does not have a qualifying contribution or a credited or voluntary contribution reckonable (‘contribution reckonable’) for State pension (contributory) purposes,]

(c) he or she was not in receipt of a weekly payment under this Act, other than a payment undersection 100or180, or a payment undersection 186F, and

(d) he or she can, in accordance with regulations made undersubsection (2B), demonstrate that, due to the nature and extent of his or her home carer responsibilities, he or she was unable to engage in insurable employment or self-employment;

and“home carer”shall be construed accordingly,]

“homemaker” means a person who—

F663[(a) is resident in the State, or is a person referred to inparagraph (a),(b)or(c)ofsection 219(2), and is under pensionable ageF664[or deferred pensionable age, as the case may be],]

(b) is not engaged in remunerative employment, other than employment specified in paragraph 5 of Part 2 of Schedule 1,

(c) either—

(i) resides with and cares for a child under 12 years of age on a full-time basis, or

(ii) resides with and provides full-time care and attention to a person who is so incapacitated as to require full-time care and attention within the meaning of section 179(4), or

(iii) subject to the conditions and in the circumstances that may be prescribed, does not reside with but provides full-time care and attention to a person who is so incapacitated as to require full-time care and attention within the meaning of section 179(4),

and

(d) other than in the case of the class or classes of person that may be prescribed, makes application to be regarded as a homemaker in the prescribed manner and within the prescribed time;

F658[‘qualifying contribution’ other than in respect of a specified contribution week, includes a long-term carer’s qualifying contribution;]

F658[’specified contribution week’ means a contribution week where the claimant received employment contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996 and was attributed with a long-term carer’s qualifying contribution in respect of that contribution week;]

F658[’specified weekly payment’ means a payment specified inSchedule 5A;]

“yearly average” means, subject to subsection (3), in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period beginning—

(a) on 5 January 1953 in case the claimant is a man, or on 6 July 1953 in case the claimant is a woman, or

(b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (where after 5 January 1953 in the case of a man, or 6 July 1953 in the case of a woman),

(whichever is the later) and ending at the end of the last complete contribution year before the date of his or her F665[attaining pensionable ageF666[or deferred pensionable age, as the case may be]and where, in the case of a claim made on or after 13 July 1992, the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number;]

F658[‘yearly average approach’ means the rate of State pension (contributory) to which a claimant would be entitled to on the basis of the claimant’s yearly average or alternative yearly average whichever is more favourable to him or her;]

“alternative yearly average” means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period beginning on 6 April 1979 and ending at the end of the last complete contribution year before the date of his or her F667[attaining pensionable ageF668[or deferred pensionable age, as the case may be,]and where, in the case of a claim made on or after 13 July 1992, the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.]

F669[(2A) The question whether a person satisfies the criteria set out in the definition of‘homemaker’F670[or‘home caring period’]insubsection (2)is a question that may be decided by a deciding officer.]

F671[(2B) The Minister may by regulations make provision for the conditions required to be satisfied in order to qualify for home caring periods, and any such regulations may provide for—

(a) the class or classes of person who may be regarded as a home carer,

(b) the class or classes of person in respect of whom a home carer may provide care for the purpose of home caring periods,

(c) the evidence that may be offered by a person to demonstrate the nature, extent and duration of home caring.]

[1996 s24]

(3) In the case of a claimant who was a homemaker for the duration of any complete contribution year, beginning on or after 6 April 1994, in which the claimant does not have any credited contributions or voluntary contributions, that contribution year shall be disregarded for the purposes of determining the yearly average of that claimant subject to the total number of contribution years so disregarded not exceeding 20.

[1993 s83(3); 1997 s35 & Sch G]

(4) In this Chapter, “relevant person” means—

(a) a person who first becomes—

(i) an insured person by virtue of section 12(1) insured for F672[State pension (contributory)] purposes, or

(ii) an insured person by virtue of section 20,

on or after 6 April F673[1991,]

(b) a person who fails to satisfy the contribution condition in section 109(1)(c) and had periods in which he or she had been—

(i) employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996 were paid, and

(ii) an employed contributor, a self-employed contributor or a voluntary contributor in respect of whom contributions, reckonable for the purposes of the contribution conditions for entitlement to F672[State pension (contributory)] were paid in respect of or credited to him or F674[her, or]

F675[(c) a person who is not a relevant person by virtue ofsubparagraph (i)or(ii)ofparagraph (a)but who—

(i) in the case of a person who attains pensionable age or deferred pensionable age, as the case may be, on or after 1 January 2024, has long-term carer’s qualifying contributions attributed in accordance withsection 108Aon the date of the person’s claim, and

(ii) in the case of a person who attained pensionable age prior to 1 January 2024, had long-term carer’s qualifying contributions attributed in accordance withsection 108A.]

[1993 s83(4)]

F676[(5) For the purpose of this Chapter, in the case of a relevant person, ‘entry into insurance’ means, subject tosubsection (8)—

(a) in relation to a person—

(i) the date on which the person becomes an insured person for the first time by virtue ofsection 12(1), except where he or she becomes an insured person by virtue ofparagraph (b)ofsection 12(1)only, or

(ii) the date on which he or she becomes an insured person for the first time by virtue ofsection 20,

whichever ofsubparagraph (i)or(ii)first occurs and, subject toparagraph (b), that date shall be regarded as the date of entry into insurance for the purposes of section 109(1), and

(b) in relation to a person in relation to whom long-term carer’s qualifying contributions were attributed in accordance withsection 108A, the date of the first of such contributions or, if applicable to that person, the date on which he or she first becomes a person to whomsubparagraph (i)or(ii)ofparagraph (a)applies, whichever first occurs.]

[1993 s83(5)]

(6) Notwithstanding subsection (5), regulations may provide that the date on which a relevant person first becomes an employed person or a self-employed person, insurable for F672[State pension (contributory)] purposes under the legislation of another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under section 287, may be regarded as the date of entry into insurance.

[1993 s83(6)]

(7) Notwithstanding subsections (5) and (6), regulations may provide that where a date of entry into insurance occurs before a date to be prescribed, that day may be regarded as the date of entry into insurance.

[1993 s83(7)]

(8) For the purposes of this Chapter, in the case of a person who became a self-employed contributor on 6 April 1988 and who at any time before that date was an employed contributor, the date on which the person first entered into insurance or 6 April 1988, whichever is the more favourable to him or her, shall be regarded as the date of entry into insurance but where a date other than that on which the claimant first entered into insurance is so regarded, that date shall be regarded as the date of entry into insurance for the purposes of F677[section 109(1)].

F678[(9) The amount payable by way ofF672[State pension (contributory)]for any day on or after which a person has attained pensionable age but before the day on which the person first receives payment ofF672[State pension (contributory)], shall be one-seventh of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.]

108A. F679[Long-term carer’s qualifying contribution

108A.(1) A contribution (in this Act referred to as a ‘long-term carer’s qualifying contribution’) shall be attributed to a person for State pension (contributory) purposes, where, in respect of not less than 1,040 contribution weeks—

(a) he or she had attained the age of 16 years but had not attained pensionable age or deferred pensionable age, as the case may be, and—

(i) was resident in the State, or

(ii) was a person referred to insection 219(2),

(b) he or she was not engaged in insurable employment or self employment other than employment specified inparagraph 5ofPart 2ofSchedule 1for State pension (contributory) purposes,

(c) he or she—

(i) was residing with and providing full-time care and attention to a relevant person or a qualified child, or

(ii) subject to the conditions and in the circumstances that may be prescribed, was not residing with but was providing full-time care and attention to a relevant person,

(d) he or she was not in receipt of—

(i) a weekly payment under this Act disallowed for the purposes of this paragraph in accordance with regulations undersubsection (4), or

(ii) a weekly payment under this Act, other than a payment referred to insubparagraph (i), unless he or she was also in receipt of carer’s benefit or carer’s allowance,

and

(e) he or she applies to have such contribution weeks attributed as long-term carer’s qualifying contributions, whereby contributions may be attributed from 1 January 2024 to a person who complies with this section and—

(i) was born on or after 1 January 1958 and has attained pensionable age or deferred pensionable age, as the case may be, or

(ii) attained pensionable age prior to 1 January 2024, in which case contributions may be attributed only in respect of such periods as were completed before he or she attained pensionable age.

(2) For the purposes ofsubsection (1)(b), a person who—

(a) engages in insurable employment,

(b) engages in self-employment, or

(c) undertakes such training or courses of education as the Minister may, from time to time determine,

shall not be regarded as engaging in insurable employment or self employment where the aggregate duration of the activities referred to inparagraphs (a),(b)and(c)does not exceed 18 and a half hours in accordance with Regulations made undersection 100(3),179(2)or186A(6).

(3) The question as to whether a person satisfies the criteria set out insubsection (1), or regulations undersubsection (4), is a question that may be decided by a deciding officer.

(4) The Minister may, by regulations, make provision for the conditions required to be satisfied in order to qualify for long-term carer’s qualifying contributions and, notwithstanding the generality of the foregoing, any such regulations may provide for—

(a) the circumstances in which a person may be regarded as providing full-time care and attention to a relevant person or a qualified child,

(b) the manner in which an application may be made under this section, including by electronic means,

(c) any additional evidence that may be offered by a person to demonstrate the nature, extent and duration of the care provided, including information or documentation to be provided by the person in support of the application,

(d) any weekly payments under this Act that shall be disallowed for the purposes ofsubsection (1)(d), or

(e) such other matters as the Minister considers appropriate for the purposes of this section.

(5) Nothing in this section, or any other provision of this Act, shall be construed as attributing a long-term carer’s qualifying contribution to a person where that person complied withparagraphs (a)to(e)ofsubsection (1)in respect of less than 1,040 contribution weeks.

(6) In this section—

‘qualified child’ means a qualified child within the meaning ofsection 186C;

‘relevant person’ means a relevant person within the meaning ofsection 224(2).]

109. Conditions for receipt. [1993 s84(1)]

109.—(1) The contribution conditions for F680[State pension (contributory)] are—

F681[(a) subject tosubsection (3), that the claimant has entered into insurance at least 10 years before attaining pensionable age or deferred pensionable age, as the case may be,]

F682[(b) that the claimant—

(i) has qualifying contributions in respect of at least 520 contribution weeks, or

(ii) in the case of a person who on or before 6 April 1997, is a voluntary contributor paying contributions underChapter 4ofPart 2, has an aggregate of qualifying contributions and voluntary contributions in respect of 520 contribution weeks, of which not less than 156 are qualifying contributions, or

(iii) in any other case, has an aggregate of qualifying contributions and voluntary contributions in respect of 520 contribution weeks of which not less than 260 are qualifying contributions,

since his or her entry into insurance,]

(c) F683[subject tosubsection (6D), that the claimant] has a yearly average or, in the case of a person who attains pensionable age on or after 6 April 1992, an alternative yearly average of not less than 48.

F684[(1A) In the case of a person who attained pensionable age before 6 April 2002, subsection (1)shall be read as if the following condition were substituted for the condition inparagraph (b):

‘(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his or her entry into insurance,’.]

F685[(1B) (a) In the case of a claimant to whomsection 108(1C)applies, who is, during the relevant period, in receipt of a specified weekly payment, the period or aggregate of periods during which he or she is in receipt of such a specified weekly payment shall be regarded as reducing his or her deferred pensionable age by the equivalent period or aggregate of periods, measured in days, that he or she was in receipt of such a specified weekly payment and the age referenced rate of State pension (contributory) shall be calculated accordingly.

(b) In this subsection, ‘relevant period’ means the period beginning on the date on which the claimant attains pensionable age and ending on the date on which he or she was first awarded State pension (contributory).]

[1997 s12(1)(a)]

F686[(2) In the case of a person, other than a person who on or before 6 April 1997 is a voluntary contributor paying contributions underChapter 4ofPart 2, who attained pensionable age on or after 6 April 2002, but before 6 April 2012,subsection (1)shall be read as if the following condition were substituted for the condition inparagraph (b):

‘(b) that the claimant has qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance,’.]

[1993 s84(2)]

(3) (a) In the case of a person who attained the age of 57 years before 1 July 1974, subsection (1)(a) shall be read as if “60” were substituted for “56”.

(b) In the case of a person who attained the age of 57 years on or after 1 July 1974, subsection (1)(a) shall be read as if “58” were substituted for “56”.

(c) In the case of a person who attained the age of 56 years on or after 1 April 1975, subsection (1)(a) shall be read as if “57” were substituted for “56” and paragraph (b) shall not apply on his or her attaining the age of 57 years.

(d) In the case of a person who attained the age of 55 years on or after 1 October 1977, paragraph (c) shall not apply on his or her attaining the age of 56 years and paragraph (b) shall not apply on his or her attaining the age of 57 years.

[1999 s21(a)]

(e) In the case of a person who became a self-employed contributor for the first time on or after 6 April 1988 and was not previously an employed contributor under this Act or the National Health Insurance Acts 1911 to 1952 before becoming so insured, and who on or before 6 April 1988 had attained the age of 56 years but had not attained the age of 62 years, subsection (1)(a) shall be read as if “62” were substituted for “56” for the purposes of qualifying for a pension under subsections (18) and (19).

[1993 s84(3)]

(4) (a) A person who attained the age of 69 years on or after 1 July 1974 but before 5 January 1976 may have his or her entitlement to F680[State pension (contributory)] determined under the Acts relating to social welfare in operation before 1 July 1974 where that would be to the person's advantage.

(b) A person who attained the age of 69 years before 1 July 1974 and has been awarded F687[a State pension (contributory)] under the Acts relating to social welfare in operation before that date shall on and after that date have a right to that pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his or her case under those Acts.

[1993 s84(4)]

(5) (a) A person who attained the age of 68 years on or after 1 April 1975 but before 3 January 1977 may have his or her entitlement to F680[State pension (contributory)] determined under the Acts relating to social welfare in operation before 1 April 1975 where that would be to the person's advantage.

(b) A person who attained the age of 68 years before 1 April 1975 and has been awarded F687[a State pension (contributory)] under the Acts relating to social welfare in operation before that date shall on and after that date have a right to that pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his or her case under those Acts.

[1993 s84(5)]

(6) (a) A person who attained the age of 67 years on or after 1 October 1977 but before 1 January 1979 may have his or her entitlement to F680[State pension (contributory)] determined under the Acts relating to social welfare in operation before 1 October 1977 where that would be to the person's advantage.

(b) A person who attained the age of 67 years before 1 October 1977 and has been awarded F687[a State pension (contributory)] under the Acts relating to social welfare in operation before that date shall, on and after that date, have a right to that pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his or her case under those Acts.

F688[(6A)F689[Subject tosubsection (6D), in the case of]a claimant who attained pensionable age on or after 1 September 2012 and who, on or after 30 March 2018, would be entitled to the rate of State pension (contributory) specified inSchedule 2but for the fact that the contribution condition set out insubsection (1)(c)is not satisfied, shall, on or after 30 March 2018, have a right to State pension (contributory) at a rate calculated in accordance withsubsection (6B).

(6B) (a) In the case of a claimant referred to insubsection (6A), the rate in respect of that person shall, subject toparagraph (b), be calculated by reference to the amount determined (‘the aggregated contributions method’) where the rate of State pension (contributory) specified inF690[Schedule 2or, if having attained deferred pensionable age, the age referenced rate of State pension (contributory) appropriate to that deferred pensionable age, if eligible,]is multiplied by the percentage obtained when the aggregate number of—

(i) contributions reckonable for State pension (contributory), and

(ii) home caring periods,

is divided by 2080 and multiplied by 100, and where the amount so calculated is a multiple of 5 cent but not also a multiple of 10 cent, it shall be rounded up to the nearest 10 cent, and where the amount is not a multiple of 5 cent or 10 cent, be rounded to the nearest 10 cent.

(b) In calculating the rate referred to inparagraph (a), the aggregate number of reckonable contributions and home caring periods shall not exceed 2080, and without prejudice to the generality of the foregoing, in so calculating such rate—

(i) the number of credited contributions shall not exceed 520,

(ii) the number of home caring periods shall not exceed 1040, and

(iii) the aggregate number of credited contributions referred to insubparagraph (i)and home caring periods referred to insubparagraph (ii)shall not in any event exceed 1040.

(6C) In the case of a State pension (contributory) calculated in accordance with the aggregated contributions method, any increase payable undersection 112(2)shall be at 100 per cent of the rate specified incolumn (4)or(5), as the case may be, ofPart 1ofSchedule 2.]

F691[(6D) Notwithstanding any other provision in this Chapter, the rate of State pension (contributory) payable to a claimant who attains pensionable age or deferred pensionable age, as the case may be, on or after 1 January 2025 shall be calculated as follows:

(a) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2025 and 31 December 2025, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 90 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 10 per cent,

whichever is the more favourable to that claimant;

(b) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2026 and 31 December 2026, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 80 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 20 per cent,

whichever is the more favourable to that claimant;

(c) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2027 and 31 December 2027, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 70 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 30 per cent,

whichever is the more favourable to that claimant;

(d) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2028 and 31 December 2028, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 60 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 40 per cent,

whichever is the more favourable to that claimant;

(e) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2029 and 31 December 2029, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 50 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 50 per cent,

whichever is the more favourable to that claimant;

(f) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2030 and 31 December 2030, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 40 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 60 per cent,

whichever is the more favourable to that claimant;

(g) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2031 and 31 December 2031, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 30 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 70 per cent,

whichever is the more favourable to that claimant;

(h) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2032 and 31 December 2032, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 20 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 80 per cent,

whichever is the more favourable to that claimant;

(i) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2033 and 31 December 2033, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 10 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 90 per cent,

whichever is the more favourable to that claimant; and

(j) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, on or after 1 January 2034, solely in accordance with the aggregated contributions method.]

[1993 s84(6)]

(7) Regulations may provide for modifications of the meaning of yearly average contained in section 108(2) or of the contribution conditions set out in this section.

[1993 s84(7); 1997 s12(1)(b)]

F692[(8) Subject tosubsections (8A)and(9), regulations may provide for entitling to State pension (contributory) a claimant who would be entitled to that pension but for the fact that he or she has a yearly average of less than 48.]

F693[(8A) Where a claimant referred to insubsection (8)has—

(a) attained pensionable age before 1 January 2013, and

(b) a yearly average of less than 20,

he or she is required to have qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance.]

[1993 s84(8); 2001 s27(1)]

(9) Regulations under subsection (8) shall provide, subject to subsection (10), that F680[State pension (contributory)] payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary by reference to the yearly average so calculated, but any increase of that pension payable under section 112(2) shall be the same as if the claimant had a yearly average of not less than 48.

[2001 s27(1)]

(10) In the case of person who, on 5 April 2001, is entitled to or in receipt of a pension by virtue of regulations under subsection (8) which includes an increase under section 112(1), subsection (9) shall not operate so as to reduce the rate of the increase payable under section 112(1) below the rate that may be prescribed.

[1993 s84(9); 1997 s35 & Sch G]

(11) Contributions paid or credited under this Part, or paid, excused or deemed to be or treated as paid under the National Health Insurance Acts 1911 to 1952 (other than, in the case of a person who is not a relevant person, contributions paid by or in respect of a person at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996), shall be taken into account in the manner and subject to the conditions and limitations that may be prescribed for the purpose of the satisfaction of the contribution conditions for F680[State pension (contributory)].

[1993 s84(10)]

(12) Regulations under subsection (11) may also provide for modifications, in the case of persons who were insured under the National Health Insurance Acts 1911 to 1952 or who were absent from the State before 3 October 1960, of any of the contribution conditions for F680[State pension (contributory)].

[1993 s84(11)]

(13) Where a person, other than in the case of a relevant person, becomes an employed contributor by virtue of paragraph (b) of section 12(1) and would not, apart from that paragraph, be an employed contributor, his or her entry into insurance by virtue of that paragraph is deemed not to be an entry into insurance for the purposes of subsection (1) and for those purposes the person's entry into insurance is deemed to occur when he or she first becomes an employed contributor by virtue of paragraph (a) of section 12(1).

[1993 s84(12)]

F694[(14) Subject tosubsection (15), regulations may provide for entitling to State pension (contributory) a person who would be entitled to that pension but for the fact that the contribution condition insubsection (1)(c)is not satisfied, where that person—

(a) has attained pensionable age before 1 January 2013, and

(b) having earlier ceased to be an employed contributor became, as a consequence and at the time of the coming into operation ofsection 12of theSocial Welfare Act 1973, an employed contributor in respect of whom contributions reckonable for the purposes of the contribution conditions for entitlement to State pension (contributory) were payable.]

[1993 s84(13)]

(15) Regulations for the purposes of subsection (14) shall provide that F680[State pension (contributory)] payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary with the extent to which the contribution condition in subsection (1)(c) is satisfied.

[1993 s84(14); 1997 s35 & Sch G]

F695[(16) (a) Subject toparagraph (b), regulations may provide for entitling toF680[State pension (contributory)]a relevant person who would be entitled but for the fact that the contribution conditions set out insubsection (1)(b)and(c)are not satisfied and who, in respect of any period, has been employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996 were paid.

(b) For the purposes ofparagraph (a)the claimant is required to have qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance and has an aggregate of not less than 520 qualifying contributions and contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996.]

[1993 s84(15); 2001 s37 & Sch F]

(17) Regulations for the purposes of subsection (16) shall provide that F680[State pension (contributory)] payable by virtue of those regulations shall—

F696[(a) be payable at a rate less than that specified inSchedule 2, and the rate specified by the regulations may vary in relation to the proportion to which the number of—

(i) employment contributions paid in respect of or credited to the insured person which are reckonable for State pension (contributory) purposes,

(ii) self-employment contributions paid by him or her which are reckonable for State pension (contributory) purposes,

(iii) voluntary contributions paid by him or her which are reckonable for State pension (contributory)F697[purposes,]

(iv) home caring periods to which he or she is entitled for the purpose of a calculation underF698[subsection (6A), and],

F699[(v) long-term carer’s qualifying contributions attributable to him or her which are reckonable for State pension (contributory),]

bears to the total number of those employment contributions, self-employment contributions, voluntary contributions and home caring periods, but any increase of pension in respect of a qualified child shall be paid at the rate specified inSchedule 2,]

and

F700[(b) where the amount calculated in accordance withparagraph (a)is a multiple of 5 cent but not also a multiple of 10 cent, be rounded up to the nearest 10 cent, and where the amount is not a multiple of 5 cent or 10 cent, be rounded to the nearest 10 cent.]

[1999 s21(b)]

(18) Subject to subsection (19), a pension shall be payable in the case of a person who—

(a) became a self-employed contributor for the first time on or after 6 April 1988 and who on or before that date had attained the age of 56 years and who fails to satisfy the contribution conditions in subsection (1)(c) or (8), or

(b) satisfies the contribution condition in section 109(1)(a) by virtue of subsection (3)(e) and who, but for subsection (3)(e) fails to satisfy the contribution conditions in subsection (1) or (8),

and who has qualifying contributions in respect of not less than 260 weeks since becoming a self-employed contributor.

[1999 s21(b)]

(19) The rate of pension payable in accordance with subsection (18) shall be payable at half the rate specified in column (2) at reference 3 of Part 1 of Schedule 2 and any increases payable under section 112(1) or (2) shall be payable at half the rate specified in F701[columns (3),(4)and(5)] at reference 3 of Part 1 of Schedule 2.

[1999 s21(b); 2001 s37 & Sch F]

(20) The total amount payable by way of pension in accordance with subsections (18) and (19) shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

110. Disregard of self-employment contributions in certain cases. [1993 s85(1); 1995 s19(2)]

110.—(1) In the case of a person who, having been a self-employed contributor, makes a claim for F702[State pension (contributory)] on or after 6 April 1995, the contribution conditions contained in section 109 shall not be regarded as having been satisfied unless, in accordance with section 21—

(a) the person has paid self-employment contributions in respect of at least one contribution year before attaining F703[pensionable age or deferred pensionable age, as the case may be,], and

(b) all self-employment contributions payable by him or her have been paid.

[1993 s85(2); 1995 s19(2)]

F704[(2) A State pension (contributory) shall not be payable in respect of any period preceding the date on which all self-employment contributions, referred to insubsection (1)(b), payable by the person concerned have been paid.]

F705[(3) Where the person has paid all contributions due undersubsection (1)(b)other than contributions payable in respect of the last complete contribution year before the date such person attains pension age,subsection (2)shall not apply in respect of such person.

(4)Subsection (2)shall not apply to a claim for State pension (contributory) made on or before 31 December 2009.]

111. F706[Rate of pension.] [1993 s86]

F706[111.Subject to this Part, the weekly rate of State pension (contributory)—

(a) at the age referenced rate for age 66 years,

(b) at the age referenced rate for age 67 years,

(c) at the age referenced rate for age 68 years,

(d) at the age referenced rate for age 69 years, and

(e) at the age referenced rate for age 70 years,

shall be as set out incolumn (2)ofPart 1ofSchedule 2.]

112. Increases (including increases for qualified adult and qualified children). [1993 s87(1); 1999 s21(c)]

112.—(1) Subject to this Part, the weekly rate of F707[State pension (contributory)] shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.

F708[(1A) The amount of the increase of pension referred to insubsection (1), in respect of any claim for State pension (contributory) made after 24 September 2007, shall be paid—

(a) directly to the qualified adult concerned, or

(b) to such other person as may be nominated by the qualified adult for the purpose of receiving the increase of pension referred to insubsection (1)on behalf of the qualified adult.

(1B) Where a beneficiary ceases to be entitled to State pension (contributory) the payment to a qualified adult of the increase of pension referred to insubsection (1)shall also cease.]

[1993 s87(2); 1999 s21(c)]

F709[(2) Subject to this Part, the weekly rate of State pension (contributory) shall be increased by the amount set out—

(a) incolumn (4)ofPart 1ofSchedule 2in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and

(b) incolumn (5)ofPart 1ofSchedule 2in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary.]

[1993 s87(3); 1997 s28(4) & Sch F]

(3) F710[Subject tosubsections (3A)and(3B), any increase of] F707[State pension (contributory)] payable under subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse F711[, civil partner or cohabitant] of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse F711[, civil partner or cohabitant] of the beneficiary is not a qualified adult, and subsection (2) shall be read and have effect accordingly.

F712[(3A)Subsection (3)shall not apply and no increase of State pension (contributory) payable undersubsection (2)in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.

(3B)Subsection (3A)shall not apply in the case of any claim for State pension (contributory) which is made before 6 July 2012.]

[1993 s87(4); 1994 s32 & Sch F]

(4) The weekly rate of F707[State pension (contributory)] shall be increased by the amount set out in column (6) of Part 1 of Schedule 2 where the beneficiary is living alone.

[1993 s87(5); 1994 s32 & Sch F]

(5) The weekly rate of F707[State pension (contributory)] shall be increased by the amount set out in column (7) of Part 1 of Schedule 2 where the beneficiary has attained the age of 80 years.

[2001 s15(1)(d)]

(6) The weekly rate of F707[State pension (contributory)] shall be increased by the amount set out in column (8) of Part 1 of Schedule 2 where the beneficiary is ordinarily resident on an island.

113. Pre-1953 pension. [2000 s16]

113.—(1) Notwithstanding this Chapter and regulations made under this Chapter and subject to subsection (2), a pension shall be payable in accordance with this section in the case of a person who—

(a) has attained pensionable age,

(b) was an employed contributor under the National Health Insurance Acts 1911 to 1952, and

(c) has paid—

(i) contributions as an employed contributor under the National Health Insurance Acts 1911 to 1952, or

(ii) a combination of those contributions and qualifying contributions,

in respect of not less than 260 contribution weeks since the person first became insured under the National Health Insurance Acts 1911 to 1952.

[2000 s16]

(2) Only one pension shall be payable to or in respect of a person under this Chapter.

[2000 s16]

(3) In taking into account under this section contributions paid by or in respect of an employed contributor under the National Health Insurance Acts 1911 to 1952, every 2 such contributions under those Acts shall be reckoned as 3 contributions paid in respect of 3 contribution weeks, with any odd contribution being reckoned as 2 contributions paid in respect of 2 contribution weeks.

[2000 s16]

(4) A pension payable in accordance with this section shall be payable at half the rate specified in column (2) at reference 3 of Part 1 of Schedule 2.

[2000 s16; 2001 s15(1)(e)(ii)]

(5) The weekly rate of F713[State pension (contributory)] payable in accordance with this section shall be increased by—

(a) half the amount set out in column (3) at reference 3 of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person,

F714[(b) half the amount set out—

(i) incolumn (4)atreference 3ofPart 1ofSchedule 2in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and

(ii) incolumn (5)atreference 3ofPart 1ofSchedule 2in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary,]

(c) the amount set out in column (6) at reference 3 of Part 1 of Schedule 2 where the beneficiary is living alone,

(d) the amount set out in column (7) at reference 3 of Part 1 of Schedule 2 where the beneficiary has attained the age of 80 years, and

(e) the amount set out in column (8) at reference 3 of Part 1 of Schedule 2 where the beneficiary is ordinarily resident on an island.

F715[(6) The amount of the increase of pension referred to insubsection (5)(a), in respect of any claim for pension under this section made after 24 September 2007, shall be paid—

(a) directly to the qualified adult concerned, or

(b) to such other person as may be nominated by the qualified adult for the purpose of receiving the increase of pension referred to insubsection (5)(a)on behalf of the qualified adult.

(7) Where a beneficiary ceases to be entitled to a pension under this section the payment to a qualified adult of the increase of pension referred to insubsection (5)(a)shall also cease.]

113A. F716[Entitlement for invalidity pension recipients.

113A.—(1) Notwithstanding this Chapter and regulations made under this ChapterF717[, and subject to subsection (1A),]F718[State pension (contributory)]shall be payable in accordance with this section in the case of a person who—

(a) has attained pensionable age, and

(b) immediately before attaining pensionable age is in receipt of a payment underChapter 17of this Part.

F719[(1A) In the case of a person who, on the date of passing of the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025, has attained pensionable age and is in receipt of a payment under Chapter 17 of this Part, the following shall apply on and after that date:

(a) invalidity pension shall cease to be payable, and

(b) State pension (contributory) shall be payable in accordance with this section.]

(2) Only one pension shall be payable to or in respect of a person under this Chapter.

(3)F720[Subject tosubsections (4)F721[,(4A),(4B)]and(6),]F718[State pension (contributory)]payable under this section shall be payableF722[in accordance with the age referenced rate for age 66 years specified insection 111.]

(4) Where a person in receipt of invalidity pension underChapter 17of this Part attains pensionable age and becomes entitled to a pension under this section and to a pension from another Member State, the weekly rate of pension payable shall be the greater of—

(a) the amount of pension payable, calculated in accordance with Chapter 2 or 3, as the case may be, of Title III of Regulation (EEC) No. 1408/71^1of the Council of the European Communities,

(b) the rate of invalidity pension otherwise payable in accordance withChapter 17of this Part.

F723[(4A) Where a person in receipt of invalidity pension underChapter 17of this Part attains pensionable age and becomes entitled to a pension under this section and to a pension from the United Kingdom, the weekly rate of pension payable shall be the greater of—

(a) the amount of pension payable, calculated in accordance with the arrangement made with the United Kingdom on 1 February 2019, or

(b) the rate of invalidity pension otherwise payable in accordance withChapter 17of this Part.

(4B) In the case of a person to whom bothsubsections (4)and(4A)applies, the weekly rate of pension payable shall be the greater of either of the amounts calculated under each such subsection.]

(5) The weekly rate ofF718[State pension (contributory)]payable under this section shall be increased by—

(a) the amount set out incolumn (3)atreference 3inPart 1ofSchedule 2for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person,

F724[(b) the amount set out—

(i) incolumn (4)atreference 3ofPart 1ofSchedule 2in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and

(ii) incolumn (5)atreference 3ofPart 1ofSchedule 2in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary,]

(c) the amount set out incolumn (6)atreference 3inPart 1ofSchedule 2where the beneficiary is living alone,

(d) the amount set out incolumn (7)atreference 3inPart 1ofSchedule 2where the beneficiary has attained the age of 80 years, and

(e) the amount set out incolumn (8)atreference 3inPart 1ofSchedule 2where the beneficiary is ordinarily resident on an island.]

F725[(6) Where a person, who is in receipt of invalidity pension underChapter 17of this Part at a reduced rate by virtue of a reciprocal arrangement undersection 287, attains pensionable age and is not entitled to a pension undersection 108by virtue of his or her contributions under this Act, the weekly rate of pension payable shall be the greater of—

(a) the amount of invalidity pension which would be payable but for this section, calculated in accordance with the relevant reciprocal arrangement, or

(b) the rate of State pension (contributory) payable in accordance with a relevant reciprocal arrangement.]

113B. F726[Entitlement for retirement pension recipients.

113B.—(1) Notwithstanding this Chapter and regulations made under this Chapter and subject tosubsection (2),F727[State pension (contributory)]shall be payable in accordance with this section in the case of a person who—

(a) has attained pensionable age, and

(b) immediately before attaining pensionable age is in receipt of a payment underChapter 16of this Part.

(2) Only one pension shall be payable to or in respect of a person under this Chapter.

(3) In the case of a person who is in receipt of retirement pension underChapter 16of this Part, the weekly rate of pension payable shall be the greater of—

(a) the rate payable in accordance with this Chapter, or

(b) an amount equal to the rate of retirement pension payable in accordance withChapter 16of this Part.]

Chapter 16

114. Entitlement to pension. [1993 s88(1)]

114.—(1) Subject to this Act, a person who has attained the age of 65 years shall be entitled to F728[State pension (transition)] for any period of retirement where he or she satisfies the contribution conditions in section 115.

[1993 s88(2)]

(2) The periods which shall be regarded for the purposes of this section as periods of retirement shall be specified by regulations.

[1993 s88(3)]

(3) In this Chapter—

“yearly average” means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period beginning either—

(a) on 5 January 1953 in case the claimant is a man, or on 6 July 1953 in case the claimant is a woman, or

(b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (where after 5 January 1953 in the case of a man, or 6 July 1953 in the case of a woman),

(whichever is the later) and ending at the end of the last complete contribution year before the date of the claimant F729[attaining the age of 65 years and where, in the case of a claim made on or after 13 July 1992, the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number;]

“alternative yearly average” means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period beginning on 6 April 1979 and ending at the end of the last complete contribution year before the date of the claimant F730[attaining the age of 65 years and where, in the case of a claim made on or after 13 July 1992, the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.]

[1993 s88(4); 1997 s35 & Sch G]

(4) In this Chapter, “relevant person” means—

(a) a person who first becomes—

(i) an insured person by virtue of section 12(1) insured for F731[State pension (contributory)] purposes, or

(ii) an insured person by virtue of section 20,

on or after 6 April 1991,

or

(b) a person who fails to satisfy the contribution condition in section 115(1)(c) and had periods in which he or she had been—

(i) employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996, and

(ii) an employed contributor, a self-employed contributor or a voluntary contributor, in respect of whom contributions, reckonable for the purposes of the contribution conditions for entitlement to F731[State pension (contributory)] were paid in respect of or credited to him or her.

[1993 s88(5)]

(5) For the purposes of this Chapter, in the case of a relevant person “entry into insurance” means in relation to any person the earlier of the following 2 dates—

(a) the date on which the person first becomes an insured person by virtue of section 12(1), except where he or she becomes an insured person by virtue of paragraph (b) of section 12(1) only, or

(b) the date on which he or she first becomes an insured person by virtue of section 20,

and that that date shall be regarded as the date of entry into insurance for the purposes of section 115(1)(a) and (c).

[1993 s88(6)]

(6) Notwithstanding subsection (5), regulations may provide that the date on which a relevant person first becomes an employed person or a self-employed person, insurable for F728[State pension (transition)] purposes under the legislation of another Member State, or under the legislation of any other state with which the Minister has made a reciprocal arrangement under section 287, may be regarded as the date of entry into insurance.

[1993 s88(7)]

(7) Notwithstanding subsections (5) and (6), regulations may provide that where a date of entry into insurance occurs before a date to be prescribed, that day may be regarded as the date of entry into insurance.

F732[(8) The amount payable by way ofF728[State pension (transition)]for any day on or after which a person has attained the age of 65 years but before the day on which the person first receives payment ofF728[State pension (transition)], shall be one-seventh of the appropriate weekly rate, subject to the total amount being paid at any time under this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.]

F733[(9) Notwithstanding the provisions of this Chapter, State pension (transition) shall not be payable to a person who attains the age of 65 years on or after 1 January 2014.]

115. Conditions for receipt. [1993 s89(1)]

115.—(1) The contribution conditions for F734[State pension (transition)] are—

(a) that the claimant has entered into insurance before attaining the age of 55 years,

F735[(b) that the claimant—

(i) has qualifying contributions in respect of at least 520 contribution weeks, or

(ii) in the case of a person who on or before 6 April 1997, is a voluntary contributor paying contributions underChapter 4ofPart 2, has an aggregate of qualifying contributions and voluntary contributions in respect of 520 contribution weeks, of which not less than 156 are qualifying contributions, or

(iii) in any other case, has an aggregate of qualifying contributions and voluntary contributions in respect of 520 contribution weeks of which not less than 260 are qualifying contributions,

since his or her entry into insurance,]

(c) that the claimant has a yearly average or in the case of a person who attains the age of 65 years on or after 6 April 1992 an alternative yearly average of not less than 48.

F736[(1A) In the case of a person who attained the age of 65 years before 6 April 2002,subsection (1)shall be read as if the following condition were substituted for the condition inparagraph (b):

‘(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his or her entry into insurance,’.]

[1997 s12(3)(a)]

F737[(2) In the case of a person, other than a person who on or before 6 April 1997 is a voluntary contributor paying contributions underChapter 4ofPart 2, who attained the age of 65 years on or after 6 April 2002, but before 6 April 2012,subsection (1)shall be read as if the following condition were substituted for the condition inparagraph (b):

‘(b) that the claimant has qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance,’.]

[1993 s89(2)]

(3) Regulations may provide for modifications of the meaning of “yearly average” contained in section 114(3) or of the contribution conditions set out in this section.

[1993 s89(3)]

(4) Contributions paid under the National Health Insurance Acts 1911 to 1952 by or in respect of an employed contributor may be taken into account in the manner and subject to the conditions and limitations that may be prescribed for the purpose of the satisfaction by the employed contributor of the contribution conditions for F734[State pension (transition)].

[1993 s89(4)]

(5) Subject to subsection (6), regulations may provide for entitling to F734[State pension (transition)] a claimant who would be entitled to that pension but for the fact that he or she has a yearly average of less than 48.

[1993 s89(5)]

F738[(6) Regulations undersubsection (5)shall provide that State pension (transition) payable by virtue of those regulations shall, subject tosubsection (6A), be payable at a rate less than that specified inSchedule 2, and the rate specified by the regulations may vary by reference to the yearly average so calculated, but any increase of that pension payable undersection 117(2)shall be the same as if the claimant had a yearly average of not less than 48.]

F739[(6A) In the case of person who, on 31 December 2012, is entitled to or in receipt of a pension by virtue of regulations undersubsection (5)which includes an increase undersection 117(1),subsection (6)shall not operate so as to reduce the rate of the increase payable undersection 117(1)below the rate that may be prescribed.]

[1993 s89(6); 1997 s35 & Sch G]

F740[(7) (a) Regulations may provide, subject toparagraph (b)andsubsection (8), for entitling toF734[State pension (transition)]a relevant person who would be entitled to that pension but for the fact that the contribution conditions set out insubsection (1)(b)and(c)are not satisfied and who, in respect of any period, has been mainly employed in one or more of the employments in respect of which employment contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996 were paid.

(b) For the purposes ofparagraph (a), the claimant is required to have qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance and an aggregate of not less than 520 qualifying contributions and contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996.]

[1993 s89(7); 2001 s37 & Sch F]

(8) Regulations for the purposes of subsection (7) shall provide that F734[State pension (transition)] payable by virtue of those regulations shall—

(a) be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary in relation to the proportion to which the number of—

(i) employment contributions paid in respect of or credited to the insured person, and

(ii) voluntary contributions paid by the insured person,

reckonable for F734[State pension (transition)] purposes bears to the total number of those employment contributions, self-employment contributions and voluntary contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in Schedule 2,

and

F741[(b) where the amount calculated in accordance withparagraph (a)is a multiple of 5 cent but not also a multiple of 10 cent, be rounded up to the nearest 10 cent, and where the amount is not a multiple of 5 cent or 10 cent, be rounded to the nearest 10 cent.]

116. Rate of pension. [1993 s90]

116.—Subject to this Part, the weekly rate of F742[State pension (transition)] shall be as set out in column (2) of Part 1 of Schedule 2.

117. Increases (including increases for qualified adult and qualified children). [1993 s91(1); 1997 s28(4) & Sch F]

117.—(1) The weekly rate of F743[State pension (transition)] shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.

F744[(1A) The amount of the increase of pension referred to insubsection (1), in respect of any claim for State pension (transition) made after 24 September 2007, shall be paid—

(a) directly to the qualified adult concerned, or

(b) to such other person as may be nominated by the qualified adult for the purpose of receiving the increase of pension referred to insubsection (1)on behalf of the qualified adult.

(1B) Where a beneficiary ceases to be entitled to State pension (transition) the payment to a qualified adult of the increase of pension referred to insubsection (1)shall also cease.]

[1993 s91(2); 1994 s32 & Sch F]

(2) The weekly rate of F743[State pension (transition)] shall be increased by the amount set out in column (4) of Part 1 of Schedule 2 in respect of each qualified child who normally resides with the beneficiary.

[1993 s91(3); 1997 s28(4) & Sch F)]

(3) F745[Subject tosubsections (3A)and(3B), any increase of] F743[State pension (transition)] payable under subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse F746[, civil partner or cohabitant] of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse F746[, civil partner or cohabitant] of the beneficiary is not a qualified adult, and subsection (2) shall be read and have effect accordingly.

F747[(3A)Subsection (3)shall not apply and no increase of State pension (transition) payable undersubsection (2)in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.

(3B)Subsection (3A)shall not apply in the case of any claim for State pension (transition) which is made before 5 July 2012.]

[1993 s91(4); 1994 s32 & Sch F]

(4) The weekly rate of retirement pension shall be increased by the amount set out in column (6) of Part 1 of Schedule 2 where the beneficiary has attained pensionable age and is living alone.

[1993 s91(5); 1994 s32 & Sch F]

(5) The weekly rate of retirement pension shall be increased by the amount set out in column (7) of Part 1 of Schedule 2 where the beneficiary has attained the age of 80 years.

[2001 s15(1)(f)]

(6) The weekly rate of retirement pension shall be increased by the amount set out in column (8) of Part 1 of Schedule 2 where the beneficiary has attained pensionable age and is ordinarily resident on an island.

Chapter 17

118. Entitlement to pension. [1993 s95(1)]

118.—F748[(1) Subject to this Act, a person shall be entitled to invalidity pension where he or she—

(a) is under pensionable age,

(b) is permanently incapable of working in insurable employment or insurable self-employment, and the reason for which incapacity is as a direct result of the person concerned being incapable of work and for no other reason,

(c) would be available to work in insurable employment or insurable self-employment were it not for this incapacity, and

(d) satisfies the contribution conditions insection 119.]

[1993 s95(2)]

(2) The conditions under which a person shall be regarded for the purposes of this section as being permanently incapable of work shall be specified by regulations.

[1993 s95(3)]

F749[(3) Regulations may provide for disqualifying a person for receiving invalidity pension where the person fails without good cause to comply with such requirements as may be specified by the regulations, including but not necessarily limited to:

(a) attending for or submitting to any medical or other examination or treatment;

(b) complying with instructions relating to his or her incapacity issued by a registered medical practitioner;

(c) refraining from behaviour likely to hinder his or her recovery;

(d) being available to meet withF750[an officer of the Minister or a medical assessor]regarding his or her claim for invalidity pension.]

F751[(3A) Subject tosubsection (4), a person in receipt of or entitled to invalidity pension shall notF752[engage in insurable employment or insurable self-employment].]

F753[(4) A person shall not be disqualified for receipt of invalidity pensionF754[while engaging in such class or classes of employment, self-employment or training]and subject to such circumstances and conditions as may be prescribed.]

119. Conditions for receipt. [1993 s96(1)]

119.—(1) The contribution conditions for invalidity pension are that before the relevant date the claimant has—

(a) qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance, and

(b) qualifying contributions or credited contributions in respect of not less than 48 contribution weeks F755[in the last or second last complete contribution year before that date.]

[1993 s96(2)]

(2) In this section “relevant date” means—

(a) any date after the completion of one year of continuous incapacity for work, or

(b) any lesser period that may be prescribed, subject to the conditions and in the circumstances that may be prescribed,

where the insured person has entered into a continuous period of incapacity for work and he or she is subsequently proved to be permanently incapable of work.

[1993 s96(3)]

(3) In the case of a person who is in receipt of invalidity pension where—

(a) the period of entitlement to invalidity pension began before 6 April 1987, or

(b) the period of entitlement to invalidity pension began on or after 6 April 1987 but before 4 January 1988 and who, immediately before that date, had been in receipt of F756[illness benefit] for a period greater than 312 days,

subsection (1)(a) shall be read as if “156” were substituted for “260”.

[1993 s96(4)]

(4) In the case of a person who is in receipt of invalidity pension where—

(a) the period of entitlement to invalidity pension began on or after 6 April 1987 and before 4 January 1988, or

(b) the period of entitlement to invalidity pension began on or after 4 January 1988 and who, immediately before that date, had been in receipt of F757[illness benefit] for a period greater than 312 days,

subsection (1)(a) shall be read as if “208” were substituted for “260”.

[1993 s96(5)]

(5) Subsections (3) and (4) shall not apply to any claim for invalidity pension where the period of incapacity for work begins on or after 7 July 1988.

[1993 s96(6)]

(6) Regulations may provide for modifications of the contribution conditions set out in subsection (1).

120. Contributions paid under the National Health Insurance Acts. [1993 s97]

120.—Contributions paid under the National Health Insurance Acts 1911 to 1952 by or in respect of an employed contributor may be taken into account in the manner and subject to the conditions and limitations that may be prescribed for the purpose of the satisfaction by the employed contributor of the contribution conditions for invalidity pension.

121. Rate of pension. [1993 s98]

121.—Subject to this Part, the weekly rate of invalidity pension shall be as set out in column (2) of Part 1 of Schedule 2.

122. Increases (including increases for qualified adult and qualified children). [1993 s99(1); 1997 s28(4) & Sch F]

122.—(1) The weekly rate of invalidity pension shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.

[1993 s99(2); 1994 s32 & Sch F]

F758[(2) The weekly rate of invalidity pension shall be increased by the amount set out—

(a) incolumn (4)ofPart 1ofSchedule 2in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and

(b) incolumn (5)ofPart 1ofSchedule 2in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary.]

[1993 s99(3); 1997 s28(4) & Sch F]

(3) F759[Subject tosubsections (3A)and(3B), any increase of] invalidity pension payable under subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse F760[, civil partner or cohabitant] of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse F760[, civil partner or cohabitant] of the beneficiary is not a qualified adult, and subsection (2) shall be read and have effect accordingly.

F761[(3A)Subsection (3)shall not apply and no increase of invalidity pension payable undersubsection (2)in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.

(3B)Subsection (3A)shall not apply in the case of any claim for invalidity pension which is made before 5 July 2012.]

[1993 s99(4); 2001 s17(1)(b)]

(4) The weekly rate of invalidity pension shall be increased by the amount set out in column (6) of Part 1 of Schedule 2 where the beneficiary is living alone.

[1993 s99(5); 1994 s32 & Sch F]

(5) F762[…]

[2001 s15(1)(g); 2003 (MP) s6(1)(a)]

(6) The weekly rate of invalidity pension shall be increased by the amount set out in column (8) of Part 1 of Schedule 2 where the beneficiary is ordinarily resident on an island.

Chapter 18

123. F763[Chapter 18 - Interpretation.] [1994 s11; 1996 s27(2), 28(1) & Sch G]

F763[123.(1) Subject tosubsection (2), in this Chapter—

‘Act of 2025’ means the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025;

‘bereaved partner’ means a widow, a widower, a surviving civil partner or a surviving qualified cohabitant;

‘civil partner’—

(a) shall not include a person who would otherwise be a civil partner but for the fact that his or her civil partnership has been dissolved, being a dissolution that is recognised as valid in the State, and

(b) in relation to a surviving civil partner who has been party to a civil partnership more than once, refers only to the surviving civil partner’s last civil partner;

‘deceased partner’ means, in respect of a bereaved partner, the last deceased spouse, civil partner or qualified cohabitant, as the case may be, of the bereaved partner;

‘medical institution’ means—

(a) a hospital,

(b) a nursing home within the meaning of the Nursing Homes Support Scheme Act 2009, or

(c) such other medical institution as may be prescribed;

‘pension’ means a bereaved partner’s (contributory) pension payable in respect of a deceased partner;

‘relevant time’ means—

(a) where the contribution conditions are being satisfied on the bereaved partner’s insurance record—

(i) the date of death of the deceased partner,

(ii) where the bereaved partner attained pensionable age before the date of death of the deceased partner, the date on which he or she attained that age, or

(iii) where the bereaved partner is a person born on or after 1 January 1958, who has attained pensionable age and has paid qualifying contributions or voluntary contributions after attaining pensionable age and before the date of death of the deceased partner, the date upon which the last such qualifying contribution or voluntary contribution was paid,

or

(b) where the contribution conditions are being satisfied on the deceased partner’s insurance record—

(i) the date on which the deceased partner attained pensionable age,

(ii) where the deceased partner died before attaining pensionable age, the date of his or her death, or

(iii) where the deceased partner was a person born on or after 1 January 1958, who had attained pensionable age and had paid qualifying contributions or voluntary contributions after attaining pensionable age, the date upon which the last such qualifying contribution or voluntary contribution was paid;

‘spouse’, in relation to a widow or widower who has been married more than once, refers only to the widow’s or widower’s last spouse;

‘widow’ shall not include a woman who would otherwise be a widow but for the fact that her marriage has been dissolved, being a dissolution that is recognised as valid in the State;

‘widower’ shall not include a man who would otherwise be a widower but for the fact that his marriage has been dissolved, being a dissolution that is recognised as valid in the State;

‘yearly average’ means the average per contribution year of contribution weeks in respect of which the bereaved partner or deceased partner, as the case may be, has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified insection 125(1)(b)and where the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.

(2) (a) For the purposes of this Chapter,Chapter 21andChapter 6ofPart 3and subject to any regulations undersubsection (3), where the death of the deceased partner occurred on or after the date of the passing of the Act of 2025, a person shall not be considered a bereaved partner if the Minister is satisfied in all the circumstances that—

(i) in the case of a married couple, the spouses had lived apart and were not in an intimate and committed relationship for a period of at least 2 years immediately preceding the date of death of the deceased spouse, or

(ii) in the case of a civil partnership, the civil partners had lived apart and were not in an intimate and committed relationship for a period of at least 2 years immediately preceding the date of death of the deceased civil partner.

(b) For the purpose ofparagraph (a)—

(i) spouses who live in the same dwelling as one another shall be considered as living apart from one another if the Minister is satisfied that, while so living in the same dwelling, the spouses do not live together as a couple in an intimate and committed relationship,

(ii) civil partners who live in the same dwelling as one another shall be considered as living apart from one another if the Minister is satisfied that, while so living in the same dwelling, the spouses do not live together as a couple in an intimate and committed relationship,

(iii) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature.

(3) The Minister may by regulations—

(a) specify the circumstances (including residence in a medical institution) in which, and the periods during which (including periods longer than 2 years), spouses who are in an intimate and committed relationship but are living apart may, for the purpose ofsubsection (2)(a)(i)andsection 81, be deemed to be periods when they are living together, and

(b) specify the circumstances (including residence in a medical institution) in which, and the periods during which (including periods longer than 2 years), civil partners who are in an intimate and committed relationship but are living apart may, for the purpose ofsubsection (2)(a)(ii)andsection 81, be deemed to be periods when they are living together.]

123A. F764[Qualified cohabitant.

123A.(1) For the purposes of this Act, and subject tosubsections (2)to(4), a person shall be a qualified cohabitant if—

(a) the person is one of 2 adults (whether of the same or the opposite sex) who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other and who have been living together in an intimate and committed relationship as a couple—

(i) for a period of 2 years or more, in a case where there are one or more children of the relationship, and

(ii) for a period of 5 years or more, in any other case,

or

(b) the person—

(i) is a person referred to inparagraph (a)on the date of death of his or her deceased partner, or

(ii) is a person referred to inparagraph (a)whose relationship ended not more than 2 years before the date of death of his or her deceased partner.

(2) For the purpose of this Act—

(a) 2 adults are within a prohibited degree of relationship if they would be prohibited from marrying each other in the State, or they are in a relationship referred to in the Third Schedule to the Civil Registration Act 2004,

(b) qualified cohabitants who live in the same dwelling as one another shall be considered as living apart from one another if the Minister is satisfied that, while so living in the same dwelling, the qualified cohabitants do not live together as a couple in an intimate and committed relationship,

(c) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature,

(d) subject to any regulations undersubsection (4)(b), a person shall not be a qualified cohabitant if he or she had been living apart from the person in relation to whom a claim is based for more than 2 years before that person’s death, and

(e) a reference to a ‘qualified cohabitant’ in relation to a person who has been a qualified cohabitant more than once, refers only to the last qualified cohabitant of the person concerned.

(3) In determining whether or not a person is a qualified cohabitant, the Minister shall take into account all the circumstances of the relationship in question and in particular shall have regard to the following:

(a) the duration of the relationship;

(b) the basis on which the couple lived together;

(c) the degree of financial dependence of either adult on the other and any agreements in respect of their finances;

(d) the degree and nature of any financial arrangements between the adults including any joint purchase of an estate or interest in land or joint acquisition of personal property;

(e) whether there are one or more children of the relationship;

(f) any payment under this Act payable to one or both of the adults and the conditions in relation to the payment;

(g) the degree to which the adults present themselves to others as a couple;

(h) whether one of the adults cares for and supports the children of the other.

(4) (a) The Minister may, for the purposes ofsection 81, this Chapter,Chapter 21ofPart 2andChapter 6ofPart 3, by regulations, make provision in relation to the documentary proof, including information or specific documentation to be provided by a person in support of an application, where any of the matters specified insubsection (3)are relied on for a claim based on the person being a qualified cohabitant and, notwithstanding the generality of the foregoing, any such regulations may provide for—

(i) any additional evidence that may be offered by a person to demonstrate the nature, extent and duration of the relationship,

(ii) such other matters as the Minister considers appropriate for the purposes ofsection 81, this Chapter,Chapter 21ofPart 2andChapter 6ofPart 3,

(b) The Minister may by regulations specify the circumstances (including residence in a medical institution) in which, and periods during which (including periods longer than 2 years), qualified cohabitants who are in an intimate and committed relationship but are living apart may, for the purpose ofsubsection (2)(d), be deemed to be periods when they are living together.

(5) The question as to whether a person is a qualified cohabitant, there being no legal impediment, in accordance withsubsection (2), to such a determination, is a question that may be decided by a deciding officer having taken into account the matters specified insubsection (3), including any information or documentation required in accordance with any regulations made undersubsection (4).

(6) In this section, ‘child of the relationship’ means any child of whom both of the qualified cohabitants are the parents.]

124. Entitlement to pension.

124.— F765[…]

124A. F766[Entitlement to bereaved partner’s pension.

124A.(1) Subject to this Act, a bereaved partner shall be entitled to a pension—

(a) where the contribution conditions set out insection 125(1)are satisfied on either the insurance record of the bereaved partner or that of his or her deceased partner,

(b) where the deceased partner was entitled to a State pension (contributory) which included an increase in respect of the bereaved partner by virtue ofsection 112(1)in respect of a period ending on the deceased partner’s death, or

(c) where the deceased partner would have been entitled to a State pension (contributory) at an increased weekly rate by virtue ofsection 112(1), in the deceased partner’s own right, in respect of a period ending on his or her death, but for the receipt by the bereaved partner of a State pension (non-contributory), a blind pension or a carer’s allowance.

(2) Subject tosections 241(2)and242, a bereaved partner whose claim is based on being a surviving qualified cohabitant shall, regardless of the date of death of his or her deceased partner, be entitled to a pension under this section from 22 January 2024 or the date of death of the deceased partner, whichever is the later date.

(3) A bereaved partner shall be disqualified for receiving a pension under this section if and so long as he or she is a cohabitant.

(4) A pension under this section shall cease as and from—

(a) the date of marriage or remarriage of the beneficiary,

(b) the date of entry by the beneficiary into a civil partnership or a new civil partnership, or

(c) the date on which the beneficiary becomes a qualified cohabitant or again becomes a qualified cohabitant.]

124B. F767[Operation of section 124A and repeal of section 124 — savers.

124B.(1) Notwithstanding anything insection 124A, a person who—

(a) by virtue of being a woman who would otherwise have been a widow but for the fact that her marriage was dissolved, being a dissolution that was recognised as valid in the State—

(i) was in receipt of a widow’s (contributory) pension on the passing of the Act of 2025, or

(ii) would have been entitled to a widow’s (contributory) pension immediately before the passing of the Act of 2025 by virtue of the date of death of her husband preceding such passing,

(b) by virtue of being a man who would otherwise have been a widower but for the fact that his marriage was dissolved, being a dissolution that was recognised as valid in the State—

(i) was in receipt of a widower’s (contributory) pension on the passing of the Act of 2025, or

(ii) would have been entitled to a widower’s (contributory) pension immediately before the passing of the Act of 2025 by virtue of the date of death of his wife preceding such passing,

or

(c) by virtue of being a person who would have been a surviving civil partner but for the fact that his or her civil partnership was dissolved, being a dissolution that was recognised as valid in the State, where he or she—

(i) was in receipt of a surviving civil partner’s (contributory) pension on the passing of the Act of 2025, or