Claims for loss of entitlement to state pension in personal injury claims
Produced in partnership with Andrew Wilson

The following PI & Clinical Negligence practice note produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:

  • Claims for loss of entitlement to state pension in personal injury claims
  • How does a person qualify for the state pension?
  • The new state pension
  • National insurance record
  • Under the old rules
  • Under the new rules
  • National insurance credits
  • Viable claim?
  • Loss of state pension in fatal accident claims

Claims for loss of entitlement to state pension in personal injury claims

If a claimant has lost entitlement to state pension as a result of an accident there is, on the face of it, a potential claim in respect of that loss.

However, to assess whether or not there will be a viable claim, the practitioner will need to establish whether there will be a shortfall and, if so, to understand how a claimant has come to lose the entitlement.

How does a person qualify for the state pension?

To qualify for the state pension, an individual must have:

  1. paid or been credited with national insurance contributions

  2. reached the state pension age

The new state pension

If a person reached state pension age on or after 6 April 2016 they must claim the new state pension. However, confusingly, the individual’s national insurance record before 6 April 2016 is used to calculate what is known as ‘the starting amount’. The starting amount is the higher figure of:

  1. the amount the individual would receive under the old rules for entitlement to state pension, or

  2. the amount the individual would get if the new pension rules had been in place at the start of their working life

National insurance record

The individual’s national insurance record, whether of payment of national insurance or of national insurance credits, is the key to the entitlement to state

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