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Section 44(3) and 44A of the Social Security Contributions and Benefits Act (1992) (“SSCBA 1992�)

Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2001 (SI 2001/1323)

Social Security Pensions (Home Responsibilities) Regulations 1994 (SI 1994/704) (the 1994 regulations)

As well as the basic State Pension, a person may be entitled to receive an additional amount on reaching State Pension age.

Prior to 6 April 2002, this additional element of the State Pension was referred to as the State Earnings Related Pension Scheme (SERPS). Under SERPS, whether a person was entitled to any additional pension depended entirely on the amount of National Insurance contributions that a person had paid as an employee.

SERPS ended on 5 April 2002 and was replaced by the State Second Pension.

Section 44A(2)(c)(ii) of the SSCBA 1992 and regulation 6 of the Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2001 make provision for a person to satisfy the conditions for entitlement to the State Second Pension for the years in which they qualified for HRP if the person was:

• awarded Child Benefit for a child under the age of 6
• in receipt of Income Support as a carer (as defined in regulation 2(2)(b) of the 1994 regulations), or
• engaged in the full-time care of an ill or disabled person (as defined in regulation 2(3) of the 1994 regulations)