Child Support, Pensions and Social Security Bill - continued        House of Lords
PART II, PENSIONS - continued

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Earnings factors
Revaluation of earnings factors.     36. In section 148(2) of the Social Security Administration Act 1992 (revaluation of earnings factors), for the words from "place" to the end there shall be substituted "place-
 
 
    (a) since the end of the period taken into account for the last review under this section, or
 
    (b) since such other date (whether earlier or later) as he may determine;
       and for the purposes of any such review the Secretary of State shall estimate the general level of earnings in such manner as he thinks fit."
 
Modification of earnings factors.     37. - (1) In section 48A(5) of the 1993 Act (power to modify the application of section 44(5) of the 1992 Act where in any year a pensioner's earnings derive only partially from contracted-out employment) after "44(5)" there shall be inserted "or (5A)".
 
      (2) Subsection (1) shall have effect-
 
 
    (a) in relation to the application of section 44(5A) of the 1992 Act by virtue of sections 39C(1) and 48BB(5) of that Act;
 
    (b) in relation to the application of section 44(5A) of the 1992 Act in the circumstances described in section 128(4) to (6) of the 1995 Act.
      (3) In relation to the period-
 
 
    (a) beginning with 6th April 2000, and
 
    (b) ending with the day before the first regulations under section 48A(5) of the 1993 Act (as amended by subsection (1) above) come into force,
       the Secretary of State shall be taken to have, and to have had, power to calculate and pay relevant pensions by reference to section 44(5) of the 1992 Act as modified by regulations under section 48A(5) of the 1993 Act.
 
      (4) For the purposes of applying subsection (3) above-
 
 
    (a) the substitution made by section 128(1) of the 1995 Act shall be ignored, and
 
    (b) references in enactments to section 44(5A) of the 1992 Act shall (so far as necessary) be treated as references to section 44(5).
      (5) The first regulations under section 48A(5) of the 1993 Act (as amended by subsection (1) above) may include provision in relation to-
 
 
    (a) revising the calculation of a relevant pension;
 
    (b) paying a relevant pension in accordance with a revised calculation.
      (6) Relevant pensions are pensions which fall to be calculated-
 
 
    (a) in the circumstances described in section 128(4) to (6) of the 1995 Act, and
 
    (b) in relation to persons where, by virtue of section 48A(1) of the 1993 Act, section 44(6) of the 1992 Act has effect in any tax year as mentioned in section 48A(1) of the 1993 Act in relation to some but not all of a person's earnings.
      (7) For the purposes of this section-
 
 
    (a) the 1992 Act is the Social Security Contributions and Benefits Act 1992;
 
    (b) the 1993 Act is the Pension Schemes Act 1993;
 
    (c) the 1995 Act is the Pensions Act 1995.
 
Preservation of rights in respect of additional pensions
Preservation of rights in respect of additional pensions.     38. - (1) In the provisions of the Social Security Contributions and Benefits Act 1992 that are set out in subsection (2) (provisions relating to additional pensions for surviving spouses)-
 
 
    (a) the references to 5th April 2000 (wherever occurring) shall have effect, and be deemed always to have had effect, as references to 5th October 2002; and
 
    (b) the references to 6th April 2000 (wherever occurring) shall have effect, and be deemed always to have had effect, as references to 6th October 2002.
      (2) Those provisions are-
 
 
    (a) sections 39(3) and 39C(4) (widowed mother's allowance and widowed parent's allowance);
 
    (b) sections 48BB(7), 48C(3) and 51(3) (Category B retirement pensions); and
 
    (c) paragraphs 4(3), 5A(2) and (3) and 6(3) and (4) of Schedule 5 (deferred pensions).
      (3) For section 52(3) of the Welfare Reform and Pensions Act 1999 (power to substitute a later year for references to year 2000 in prescribed provisions of the Social Security Contributions and Benefits Act 1992) there shall be substituted-
 
 
    "(3) The regulations may amend (or further amend) any prescribed provision set out in section 38(2) of the Child Support, Pensions and Social Security Act 2000 (which sets out provisions falling within subsection (2) of this section) so as to substitute a reference to a later date for-
 
 
    (a) any reference in that provision to 5th October 2002 or 6th October 2002; or
 
    (b) any reference to a date inserted in that provision by a substitution made by virtue of this subsection."
      (4) After section 52(4) of that Act of 1999 there shall be inserted-
 
 
    "(4A) The regulations may provide, for the purposes of any provision made by virtue of subsection (4), for a case in which a person who, as a consequence of receiving incorrect or incomplete information, did not give any consideration to-
 
 
    (a) the taking of a step which is a step he might have taken had he considered the matter on the basis of correct and complete information, or
 
    (b) refraining from taking a step which is a step he did take but might have refrained from taking had he considered the matter on that basis,
       to be treated as a case in which his failure to take the step, or his taking of the step he did take, was in reliance on the incorrect or incomplete information and as a case in which that step is one which he would have taken, or (as the case may be) would not have taken, had the information been correct and complete."
 
      (5) In section 52(6) of that Act of 1999 (supplemental provisions of regulations relating to the scheme), after paragraph (e) there shall be inserted-
 
 
    "(ea) prescribing the matters that may be relied on, and the presumptions that may be made, in the determination of whether or not the prescribed conditions have been satisfied;".
 
Other provisions
Home responsibilities protection.     39. In paragraph 5 of Schedule 3 to the Social Security Contributions and Benefits Act 1992 (contribution conditions for entitlement to Category A and B retirement pension, widowed mother's allowance and widow's pension), after sub-paragraph (7) (reduction of number of years for which contribution conditions must be satisfied) there shall be inserted-
 
 
    "(7A) Regulations may provide that a person is not to be taken for the purposes of sub-paragraph (7)(b) above as precluded from regular employment by responsibilities at home unless he meets the prescribed requirements as to the provision of information to the Secretary of State."
 
Sharing of state scheme rights.     40. - (1) In section 49 of the Welfare Reform and Pensions Act 1999 (creation of state scheme pension debits and credits), for subsection (4) there shall be substituted-
 
 
    "(4) The Secretary of State may by regulations make provision about the calculation and verification of cash equivalents for the purposes of this section.
 
      (4A) The power conferred by subsection (4) includes power to provide-
 
 
    (a) for calculation or verification in such manner as may be approved by or on behalf of the Government Actuary, and
 
    (b) for things done under the regulations to be required to be done in accordance with guidance from time to time prepared by a person prescribed by the regulations."
      (2) In section 45B of the Social Security Contributions and Benefits Act 1992 (pension sharing resulting in reduction of additional Category A retirement pension), for subsection (7) there shall be substituted-
 
 
    "(7) The Secretary of State may by regulations make provision about the calculation and verification of cash equivalents for the purposes of this section.
 
      (7A) The power conferred by subsection (7) includes power to provide-
 
 
    (a) for calculation or verification in such manner as may be approved by or on behalf of the Government Actuary, and
 
    (b) for things done under the regulations to be required to be done in accordance with guidance from time to time prepared by a person prescribed by the regulations."
      (3) In section 55A of that Act (shared additional pension), for subsection (6) there shall be substituted-
 
 
    "(6) The Secretary of State may by regulations make provision about the calculation and verification of cash equivalents for the purposes of this section.
 
      (6A) The power conferred by subsection (6) includes power to provide-
 
 
    (a) for calculation or verification in such manner as may be approved by or on behalf of the Government Actuary, and
 
    (b) for things done under the regulations to be required to be done in accordance with guidance from time to time prepared by a person prescribed by the regulations."
      (4) In section 55B of that Act (pension sharing resulting in reduction of shared additional pension), for subsection (7) there shall be substituted-
 
 
    "(7) The Secretary of State may by regulations make provision about the calculation and verification of cash equivalents for the purposes of this section.
 
      (7A) The power conferred by subsection (7) includes power to provide-
 
 
    (a) for calculation or verification in such manner as may be approved by or on behalf of the Government Actuary, and
 
    (b) for things done under the regulations to be required to be done in accordance with guidance from time to time prepared by a person prescribed by the regulations."
Disclosure of state pension information.     41. - (1) This section applies to any state pension information which is held in relation to any individual-
 
 
    (a) by the Secretary of State; or
 
    (b) in connection with the provision of any services provided to the Secretary of State for purposes connected with his functions relating to social security, by the person providing those services.
      (2) Regulations may confer a power on the Secretary of State to disclose, or to authorise the disclosure of, any information to which this section applies in any case in which-
 
 
    (a) the person to whom the disclosure is made is a person falling within subsection (3) who has, in the prescribed manner, applied to the Secretary of State for the disclosure of the information; and
 
    (b) it appears to the Secretary of State that the prescribed conditions for the making of a disclosure of the information in question to that person have been satisfied.
      (3) A person falls within this subsection if-
 
 
    (a) he is the trustee or manager of an occupational pension scheme of which the individual to whom the information relates is a member;
 
    (b) he is the trustee or manager of a personal pension scheme of which that individual is a member;
 
    (c) he is the employer in relation to an occupational pension scheme of which that individual is a member;
 
    (d) he is the employer in relation to any employed earner's employment of that individual which is not contracted-out employment; or
 
    (e) he is proposing to provide services to that individual in circumstances in which the provision of the services, or the proposal to do so, may involve the giving of advice or forecasts to which the information to which this section applies may be relevant.
      (4) The Secretary of State shall secure that his powers under this section are exercised so that at least the following is prescribed for the purposes of subsection (2)(b), namely-
 
 
    (a) in the case of an application for information made by a person falling within paragraph (e) of subsection (3), a condition that the individual to whom the information relates has consented to the making of the application and to the disclosure; and
 
    (b) in any other case, either that condition or the alternative condition set out in subsection (5).
      (5) The alternative condition is-
 
 
    (a) that such steps as may be prescribed have been taken for the purpose of ascertaining whether the individual to whom the information relates objects to the making of the application for the disclosure of information relating to him; and
 
    (b) that the prescribed time has elapsed without any objection by that individual.
      (6) A person applying to the Secretary of State, in accordance with regulations under this section, for the disclosure of any information relating to an individual shall be entitled, for the purpose of making the application, to make such disclosures of information relating to that individual as may be authorised by the regulations.
 
      (7) In this section the reference, in relation to an individual, to state pension information is a reference to the following information about that individual-
 
 
    (a) his date of birth, and the age at which and date on which he attains pensionable age-
 
      (i) for the purposes of the Pension Schemes Act 1993, in relation to any guaranteed minimum pension to which he is entitled; and
 
      (ii) in accordance with the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995;
 
    (b) the amount of any basic retirement pension a present or future entitlement to which has already accrued to that individual, and the amount of any additional retirement pension such an entitlement to which has already accrued to that individual;
 
    (c) a projection of the amount of the basic retirement pension to which that individual is likely to become entitled, or might become entitled in particular circumstances; and
 
    (d) a projection of the amount of the additional retirement pension to which that individual is likely to become entitled, or might become entitled in particular circumstances.
      (8) Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (9) Subsections (4) to (6) of section 189 of the Social Security Administration Act 1992 (supplemental and incidental powers etc.) shall apply in relation to any power to make regulations under this section as they apply in relation to the powers to make regulations that are conferred by that Act.
 
      (10) For the purposes of section 121E of the Social Security Administration Act 1992 (supply of information by the Inland Revenue to the Secretary of State for the purposes of the Secretary of State's functions relating to social security), the Secretary of State's functions relating to social security shall be taken to include any power conferred on him by regulations under this section.
 
      (11) In this section-
 
 
    "basic retirement pension" and "additional retirement pension" mean any basic or, as the case may be, additional pension under the Social Security Contributions and Benefits Act 1992;
 
    "contracted-out employment" has the same meaning as in the Pension Schemes Act 1993;
 
    "employed earner" has the same meaning as it has in Parts I to V of the Social Security Contributions and Benefits Act 1992 (by virtue of section 2(1) of that Act);
 
    "employer"-
 
      (a) in relation to any occupational pension scheme, has the same meaning as in Part I of the Pensions Act 1995; and
 
      (b) in relation to employed earner's employment, has the same meaning as in the Pension Schemes Act 1993;
 
    "member", in relation to an occupational pension scheme, has the same meaning as in Part I of the Pensions Act 1995;
 
    "occupational pension scheme" and "personal pension scheme" have the same meanings as in the Pension Schemes Act 1993;
 
    "prescribed" means prescribed by or determined in accordance with regulations;
 
    "regulations" means regulations made by the Secretary of State;
 
    "trustee" and "manager", in relation to an occupational pension scheme, have the same meanings as in Part I of the Pensions Act 1995.
Concurrent holding of pensions.     42. A person shall be able to hold both a stakeholder pension and an occupational pension concurrently and without financial penalty.
 
 
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