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Amendment of section 108 of Principal Act (entitlement to State pension (contributory))
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44. Section 108 of the Principal Act is amended—
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(a) by the substitution of the following subsection for subsection (1):
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“(1) Subject to this Act, a person shall be entitled to State pension (contributory) where he or she—
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(a) has applied for that benefit in the prescribed manner,
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(b) has attained pensionable age or deferred pensionable age, as the case may be, and
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(c) satisfies the contribution conditions in section 109.”,
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(b) by the insertion of the following subsections after subsection (1):
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“(1A) Subject to subsection (1), a person who has attained the age of 66 years shall be entitled to State pension (contributory) payable at the age referenced rate of State pension (contributory) for age 66 years.
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(1B) Subject to subsections (1) and (1C), a person born on or after 1 January 1958—
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(a) who has attained the age of 67 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 67 years,
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(b) who has attained the age of 68 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 68 years,
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(c) who has attained the age of 69 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 69 years, and
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(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.
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(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 in subsection (1B) of section 109 where, having attained pensionable age, the person is or has been in receipt of a specified weekly payment.”,
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(c) in subsection (2)—
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(i) by the insertion of the following definitions:
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“ ‘age referenced rate of State pension (contributory)’ means the rate of State pension (contributory) specified in Part 1 of Schedule 2 applicable for a claimant’s age, which, on satisfying the contribution conditions set out in section 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;
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‘deferred pensionable age’ means, in relation to a person born on or after 1 January 1958 who has attained pensionable age—
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(a) the age at which he or she is awarded a State pension (contributory), or
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(b) the age of 70 years,
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whichever is the lesser age and, in any event, does not apply to a person born on or before 31 December 1957;
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‘qualifying contribution’ other than in respect of a specified contribution week, includes a long-term carer’s qualifying contribution;
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’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;
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’specified weekly payment’ means a payment specified in Schedule 5A;
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‘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;”,
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(ii) in the definition of “home caring period”—
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(I) by the substitution of “on or after 1 September 2012, or deferred pensionable age on or after 1 January 2024, as the case may be,” for “on or after 1 September 2012,”,
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(II) in paragraph (a), by the substitution of “pensionable age or deferred pensionable age, as the case may be,” for “pensionable age”, and
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(III) by the substitution of the following paragraph for paragraph (b):
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“(b) he or she was not engaged in remunerative employment, other than employment specified in paragraph 5 of Part 2 of Schedule 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,”,
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(iii) in paragraph (a) of the definition of “homemaker”, by the insertion of “or deferred pensionable age, as the case may be” after “pensionable age”,
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(iv) in the definition of “yearly average”, by the insertion of “or deferred pensionable age, as the case may be” after “pensionable age”, and
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(v) in the definition of “alternative yearly average”, by the insertion of “or deferred pensionable age, as the case may be,” after “pensionable age”,
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(d) in subsection (4), in the definition of “relevant person”—
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(i) in paragraph (a), by the substitution of “1991,” for “1991, or”,
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(ii) in paragraph (b)(ii), by the substitution of “her, or” for “her.”, and
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(iii) by the insertion of the following paragraph after paragraph (b):
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“(c) a person who is not a relevant person by virtue of subparagraph (i) or (ii) of paragraph (a) but who—
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(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 with section 108A on the date of the person’s claim, and
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(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 with section 108A.”,
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and
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(e) by the substitution of the following subsection for subsection (5):
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“(5) For the purpose of this Chapter, in the case of a relevant person, ‘entry into insurance’ means, subject to subsection (8)—
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(a) in relation to a person—
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(i) the date on which the person becomes an insured person for the first time 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
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(ii) the date on which he or she becomes an insured person for the first time by virtue of section 20,
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whichever of subparagraph (i) or (ii) first occurs and, subject to paragraph (b), that date shall be regarded as the date of entry into insurance for the purposes of section 109(1), and
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(b) in relation to a person in relation to whom long-term carer’s qualifying contributions were attributed in accordance with section 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 whom subparagraph (i) or (ii) of paragraph (a) applies, whichever first occurs.”.
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