The following PI & Clinical Negligence practice note Produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:
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.
To qualify for the state pension, an individual must have:
paid or been credited with national insurance contributions
reached the state pension age
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:
the amount the individual would receive under t
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