State Pension (United Kingdom)

The State Pension is part of the United Kingdom Government's pension arrangements. Benefits vary depending on the age of the individual and their contribution record. Anyone can make a claim, provided they have a minimum number of qualifying years of contributions.

Background

Basic State Pension

The basic State Pension (alongside the Graduated Retirement Benefit, the State Earnings-Related Pension Scheme, and the State Second Pension) is payable to men born before 6 April 1951, and to women born before 6 April 1953. The maximum amount payable is £141.85 a week (April 2022 - April 2023).[1]

New State Pension

The new State Pension is payable to men born on or after 6 April 1951, and to women born on or after 6 April 1953. The maximum amount payable is £203.85 a week (April 2023 - April 2024).[2] In September 2023 it was announced that the new State Pension is expected to rise by 8.5% to £221.20 per week from April 2024 in line with triple lock calculations for the year.[3]

Contribution record

The State Pension is a 'contribution-based' benefit, and depends on an individual's National Insurance (NI) contribution history. To qualify for a full pension (amounts given above), an individual would require:

  • basic State Pension: 30 qualifying years (years in which NI contributions were paid) for contributors claiming between 6 April 2010 and 5 April 2016;[4][5][6]
  • new State Pension: 35 qualifying years (years in which NI contributions were paid) for customers claiming from 6 April 2016.[7]

In years where fewer than 52 weeks' NI were paid, the year is disregarded. With fewer qualifying years smaller, pro-rata, pension is paid. People who were contracted-out paid lower NI contributions will receive a lower state pension.

Pension uprating

The basic State Pension is increased in April each year to pensioners living in the UK and in certain overseas countries which have a social security agreement with the UK that includes British pension uprating,[8] in line with the CPI. All state pensions for these pensions are protected by the "triple lock" guarantee introduced by the 2010–2015 coalition government, meaning that the pension rises each year by either the annual price inflation, or average earnings growth, or a guaranteed 2.5% minimum, whichever is the greatest. Coming into effect each April, the uprating is based on the previous September's CPI inflation, along with the annual increase in weekly earnings averaged over May to July.[9] The triple Lock has been replaced for one year for the 2022 increase with a double lock with the average earnings element removed. This was because the government believed there was a statistical anomaly due to Covid having depressed the 2020 earnings figures.[10]

Pensioners living in other countries without a current agreement (which includes most Commonwealth countries) have their pensions frozen at the rate in effect on the date when they left the UK, or on the date when they applied for a pension, whichever is later.[11]

State Pension age

Before the Pensions Act 1995, the state pension age had been 60 for women, and 65 for men. The Act changed this so that the women's pension age would be made equal with men, but that the transition should only be phased in from 2010 to 2020.[12] In 2006, a cross party Parliamentary report again recommended equalisation of ages on the basis of equal treatment of both sexes. It also recommended a rise in the state pension age for both men and women to 68 between 2024 and 2046. The rationale for the age rise was that people would be living longer in the future.[13] This was put into effect by the Pensions Act 2007.

However, when the Conservative and Liberal Democrat coalition took power, the Pensions Act 2011 accelerated the rise of the state pension age to 66 for both men and women by 6 October 2020.[14] Under the Pensions Act 2014, the coalition government again accelerated the rise in the state pension age to 67 by 6 April 2028.[15]

In May 2019, a challenge in the High Court failed to reverse decisions to accelerate the equalisation of the pension ages on the ground that not enough notice was given.[16] The Conservative Party in its 2019 manifesto stated that it would not change the rules, while the Labour Party committed itself to compensating women who were unfairly affected by the changes in the pension age.[17] An appeal to the Court of Appeal against the decision of the High Court was dismissed on 15 September 2020.[18] On 31 March 2021 the Supreme Court refused the women's application for permission to appeal against the decision of the Court of Appeal.[19]

The current ages for the state pension in law are as follows:

Women born between 1950 and 1953

date of birth fromtodate of reaching SPAdate of birth fromtodate of reaching SPA
6 Jan 19525 Feb 19526 Nov 2013
6 Feb 19525 Mar 19526 Jan 2014
5 April 1950age 606 Mar 19525 Apr 19526 Mar 2014
6 Apr 19505 May 19506 May 20106 Apr 19525 May 19526 May 2014
6 May 19505 Jun 19506 Jul 20106 May 19525 Jun 19526 Jul 2014
6 Jun 19505 Jul 19506 Sep 20106 Jun 19525 Jul 19526 Sep 2014
6 Jul 19505 Aug 19506 Nov 20106 Jul 19525 Aug 19526 Nov 2014
6 Aug 19505 Sep 19506 Jan 20116 Aug 19525 Sep 19526 Jan 2015
6 Sep 19505 Oct 19506 Mar 20116 Sep 19525 Oct 19526 Mar 2015
6 Oct 19505 Nov 19506 May 20116 Oct 19525 Nov 19526 May 2015
6 Nov 19505 Dec 19506 Jul 20116 Nov 19525 Dec 19526 Jul 2015
6 Dec 19505 Jan 19516 Sep 20116 Dec 19525 Jan 19536 Sep 2015
6 Jan 19515 Feb 19516 Nov 20116 Jan 19535 Feb 19536 Nov 2015
6 Feb 19515 Mar 19516 Jan 20126 Feb 19535 Mar 19536 Jan 2016
6 Mar 19515 Apr 19516 Mar 20126 Mar 19535 Apr 19536 Mar 2016
6 Apr 19515 May 19516 May 20126 Apr 19535 May 19536 Jul 2016
6 May 19515 Jun 19516 Jul 20126 May 19535 Jun 19536 Nov 2016
6 Jun 19515 Jul 19516 Sep 20126 Jun 19535 Jul 19536 Mar 2017
6 Jul 19515 Aug 19516 Nov 20126 Jul 19535 Aug 19536 Jul 2017
6 Aug 19515 Sep 19516 Jan 20136 Aug 19535 Sep 19536 Nov 2017
6 Sep 19515 Oct 19516 Mar 20136 Sep 19535 Oct 19536 Mar 2018
6 Oct 19515 Nov 19516 May 20136 Oct 19535 Nov 19536 Jul 2018
6 Nov 19515 Dec 19516 Jul 20136 Nov 19535 Dec 19536 Nov 2018
6 Dec 19515 Jan 19526 Sep 2013

Men and women born between 1953 and 1960

date of birth fromtodate of reaching SPA
6 Dec 19535 Jan 19546 Mar 2019
6 Jan 19545 Feb 19546 May 2019
6 Feb 19545 Mar 19546 Jul 2019
6 Mar 19545 Apr 19546 Sep 2019
6 Apr 19545 May 19546 Nov 2019
6 May 19545 Jun 19546 Jan 2020
6 Jun 19545 Jul 19546 Mar 2020
6 Jul 19545 Aug 19546 May 2020
6 Aug 19545 Sep 19546 Jul 2020
6 Sep 19545 Oct 19546 Sep 2020
6 Oct 19545 Apr 196066 years

Men and women born between 1960 and 1978

date of birth fromtodate of reaching SPAdate of birth fromtoproposed SPA
6 Apr 19605 May 196066 years 1 month6 Apr 19775 May 19776 May 2044
6 May 19605 Jun 196066 years 2 months6 May 19775 Jun 19776 Jul 2044
6 Jun 19605 Jul 196066 years 3 months6 Jun 19775 Jul 19776 Sep 2044
6 Jul 19605 Aug 196066 years 4 months6 Jul 19775 Aug 19776 Nov 2044
6 Aug 19605 Sep 196066 years 5 months6 Aug 19775 Sep 19776 Jan 2045
6 Sep 19605 Oct 196066 years 6 months6 Sep 19775 Oct 19776 Mar 2045
6 Oct 19605 Nov 196066 years 7 months6 Oct 19775 Nov 19776 May 2045
6 Nov 19605 Dec 196066 years 8 months6 Nov 19775 Dec 19776 Jul 2045
6 Dec 19605 Jan 196166 years 9 months6 Dec 19775 Jan 19786 Sep 2045
6 Jan 19615 Feb 196166 years 10 months6 Jan 19785 Feb 19786 Nov 2045
6 Feb 19615 Mar 196166 years 11 months6 Feb 19785 Mar 19786 Jan 2046
6 Mar 19615 Apr 197767 years6 Mar 19785 Apr 197868 years

Deferral

It is possible to defer claiming a State Pension at SPA.[20]

For individuals who reached SPA before 6 April 2016, deferred pensions are increased by 1% for every 5 weeks that the pension is not claimed (approximately 10.4% per year). Alternatively pensioners who have deferred their pension can claim a lump sum and an unenhanced pension. The lump sum is the amount of pension payments foregone plus interest at 2% per year over the Bank of England base rate.

For individuals who reach SPA on or after 6 April 2016, deferred pensions are increased by 1% for every 9 weeks that the pension is not claimed (approximately 5.8% per year).

Calculations

The basic State Pension is based on the National Insurance record of the individual. Each year that National Insurance was paid is called a qualifying year. For 2012–2013 to be a qualifying year you need to earn at least £5564 if you are an employee, or £5595 if you are self-employed, and have paid (or been credited with) National Insurance contributions based on these earnings.

Men born after 5 April 1945 and women born after 5 April 1950 need 30 qualifying years for a full Basic State Pension, with a single qualifying year required to get any State Pension. Men born before 6 April 1945 needed 44 qualifying years for a full basic State Pension, and women born before 6 April 1950 needed 39 years; to get any State Pension, an individual needed 25 per cent of the qualifying years required for a full pension.

Since April 6, 2016, 35 qualifying years are needed to receive the full new state pension. State Pension amounts can be reduced if the pensioner was in a contracted-out works pension scheme.

Individuals with less than a full record of qualifying years, may elect to pay voluntary National Insurance contributions, in order to boost their record for pension purposes.[21]

People in certain circumstances, such as caring for a severely disabled person for more than 20 hours a week or claiming unemployment or sickness benefits, can claim National Insurance credits.[22]

The amount of the basic State Pension received is calculated by multiplying the full rate by the number of qualifying years and dividing by the number of years needed for the full rate.

NI contributions paid between April 1961 and April 1975 result in an entitlement to a small Graduated Retirement pension.

NI contributions paid between April 1978 and April 2002 result in an entitlement to an additional pension from the State Earnings Related Pension Scheme, although this will be very small if the individual was "contracted out" of this arrangement. Since April 2002 NI contributions have earned an additional State Second Pension.

Married couples

A wife or husband can claim extra basic State Pension based on the National Insurance contributions paid by his or her husband or wife (this extra is called a Category B pension).

If a woman has a Category A basic State Pension of less than 60 per cent of the full basic State Pension, then when she reaches her State Pension Age, she will have her basic State Pension topped-up to 60 per cent of her husband's Category A basic State Pension, once her husband reaches pension age.

Men, born after 5 April 1945, are able to claim a Category B pension based on their wives' contribution record. Similarly, civil partners who reach State Pension Age on or after 6 April 2010 are able to claim a Category B pension on the same basis.

Pension top-ups

Married women with young children and carers can claim credits of National Insurance contributions.[23]

Pensioners with low incomes, or without enough qualifying years can claim Pension Credit.[24]

An 'age addition' of 25p a week is paid to people over 80.

Pensions Act 2007

A new approach was introduced following the findings of the all-party Pension Commission in 2006 and the white paper Security in retirement: towards a new pension system[25] published in May 2006. The key provisions were:[26]

  1. Reduction of the qualifying years for a full basic State Pension from 44 years for men and 39 years for women to 30 years for both.
  2. The basic State Pension's yearly increase is determined by a rule known as the “triple lock”, it being the greatest of:
    1. the growth in national average earnings;
    2. the growth in retail prices as measured by the Consumer Price Index;
    3. 2.5 per cent.
  3. The contribution conditions for basic State Pension were changed so that it is easier for everyone to build up some entitlement.
  4. Replacing Home Responsibility Protection (HRP) with a new system of weekly credits for parents and carers.
  5. Raising the State Pension age for both women and men from 65 to 68 in three stages between 2024 and 2046.
  6. Introducing National Insurance credits for parents and carers so that they can build up some entitlement to the Additional State Pension.
  7. End of the option to contract out of the Additional State Pension through money-purchase private pensions.

Some modifications to this were made in the Pensions Act 2008.

Future flat-rate state pensions

The government originally proposed that in April 2017 the basic State Pension and Second State Pension should both be replaced by a single, flat-rate pension. A green paper was issued in April 2011,[27] followed by a White Paper in January 2013.[28] The amount of an individual's flat-rate pension would depend on the number of qualifying years, with 35 qualifying years being needed for the maximum pension and pro-rata amounts for fewer qualifying years, subject to a minimum of about eight years. Rights already earned to a Second State Pension would not be lost. In the 2013 budget it was announced that introduction of the single tier pension will be brought forward by one year to 6 April 2016.[29]

The new "single-tier" State Pension would be worth £144 a week (in 2012-13 terms). Provided they have 35 qualifying years, individuals would actually receive £144 a week, plus a "protected amount" if they have already earned a second State pension greater than £37 a week (which is the difference between the current basic State Pension and the proposed flat-rate pension), and minus a "rebate-derived amount" if they have paid smaller National Insurance contributions because they were "contracted out" of the Second State Pension Scheme (or its predecessor, the State Earnings Related Pension Scheme).[28]

The new, single-tier State Pension would eventually remove the need for Pension Credit. It is also proposed that various rules regarding marriage, divorce and bereavement would be phased out. This would mean that Category B pensions (see above) would be replaced by Category A pensions for everyone, although any rights to a Category B pension that existed at the implementation date would be preserved.[27]

These changes are now law, they were enacted by the Pensions Act 2014 which received royal assent on 14 May 2014.[30]

See also

Notes

  1. "The basic State Pension". GOV.UK. Archived from the original on 8 December 2022. Retrieved 10 December 2022.
  2. "The new State Pension". GOV.UK. Archived from the original on 6 December 2022. Retrieved 10 December 2022.
  3. Smith, Sophie (9 December 2023). "Triple lock to provide 'substantial' rise in state pension for second year running". Pensions Age Magazine. Retrieved 12 September 2023.
  4. "Eligibility". Retrieved 14 November 2018.
  5. 44 qualifying years (for men), or 39 years (for women) - prior to 6 April 2010 "National Insurance Conditions". February 2010. Retrieved 20 August 2020.
  6. "Eligibility". Retrieved 22 July 2022.
  7. "Your National Insurance record and your State Pension". Retrieved 14 November 2018.
  8. Social Security Agreement Countries Archived 2010-09-11 at the Wayback Machine, dwp.gov.uk/
  9. "Djuna Thurley, Rod McInnes" (PDF). House of Commons Library. UK Parliament. 4 February 2021. CBP-07812. Retrieved 15 July 2023.
  10. "Triple Lock shifts to Double Lock in 2022". Chase de Vere. 12 November 2021. Retrieved 15 July 2023.
  11. House of Commons Library. "Frozen overseas pensions". UK Parliament. UK Parliament Briefing Paper. 11 April 2019.{{cite journal}}: CS1 maint: others (link) − links to PDF of Briefing Paper Number CBP-01457, Frozen overseas pensions by Djuna Thurley and Rod McInnes
  12. Pensions Act 1995 s 126 and Sch 4
  13. Security in retirement: towards a new pension system (2006) Cm 6841, para 3.32
  14. Pensions Act 2011 s 1
  15. Pensions Act 2014 s 26
  16. R (Delve) v Secretary of State for Work And Pensions [2019] EWHC 2552
  17. 'General election 2019: What is Labour offering to Waspi women?' (25 November 2019) BBC, "Labour's Angela Rayner told BBC News: "The government failed the women who were born in the 1950s. They stole their pension."... Conservative minister Nicky Morgan told the BBC "there isn't the money available" to compensate the Waspi women."
  18. R (Delve) v Secretary of State for Work And Pensions [2020] EWCA Civ 1199
  19. "Supreme Court denies Backto60 state pension appeal". 31 March 2021. Retrieved 10 December 2022.
  20. "State Pension Deferral - Your Guide" (PDF). Archived (PDF) from the original on 3 April 2012. Retrieved 1 April 2012.
  21. "Application to pay voluntary National Insurance contributions" (PDF). Archived (PDF) from the original on 5 April 2011. Retrieved 25 March 2011.
  22. Understanding the basic State Pension http://www.direct.gov.uk/en/Pensionsandretirementplanning/StatePension/Basicstatepension/DG_10014671 Archived 2011-10-30 at the Wayback Machine
  23. Home Responsibilities Protection
  24. About Pension Credit, Department of Work and Pensions, retrieved 25 April 2011
  25. Security in retirement: towards a new pension system (PDF), archived from the original (PDF) on 16 December 2010, retrieved 25 April 2011
  26. The Pensions Act 2007, Department for Work and Pensions, archived from the original on 16 May 2011, retrieved 25 April 2011
  27. "A State Pension for the 21st Century". dwp.gov.uk. Archived from the original on 8 April 2011.
  28. "The single-tier pension: a simple foundation for saving" (PDF). Archived (PDF) from the original on 23 January 2013. Retrieved 15 January 2013.
  29. "2010 to 2015 government policy: State Pension simplification". Archived from the original on 18 August 2013. Retrieved 18 May 2013.
  30. "Pensions Act - Parliamentary Bills - UK Parliament". Archived from the original on 28 March 2015. Retrieved 9 March 2015.
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