[2025] UKUT 353 (AAC)

Appeal No. UA-2025-000220-RP

Between:

JB

Appellant

- v -

SECRETARY OF STATE FOR WORK AND PENSIONS

Respondent

Before: Upper Tribunal Judge Ovey

Decided on consideration of the papers

On appeal from:

Tribunal: First-tier Tribunal (Social Entitlement Chamber)

Tribunal Case No.: 1682768766501030

Tribunal Venue: Cardiff

Decision Date: 29^th November 2024

SUMMARY OF DECISION

RETIREMENT PENSIONS (31)

Deferred retirement (31.2)

The appellant attained pensionable age in November 2013 but deferred his retirement until April 2018. He chose to receive increased pension rather than a lump sum. He elected to de-retire in May 2021 and retired again in June 2022. His new pension was calculated on the footing that he was to be treated as if his claim was an entirely new claim and he had deferred his retirement from November 2013 to June 2022, that being the understanding of the Department of Work and Pensions of the relevant legislation (in particular ss.54 and 55 of the Social Security Contributions and Benefits Act 1992). The appellant contended that he continued to be entitled to pension at the rate he was receiving in May 2021, applying subsequent up-rating Orders, and that the period of deferment under the legislation was only the period May 2021 to June 2022. Despite the appelIant’s clear and forceful submissions, I conclude that the Department’s method of calculation was correct, reflecting as it did the statutory phrase “as if he had not become entitled” to his previous pension and a lengthy previous legislative history which consistently pointed to the same conclusion.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.]

DECISION