State Pension Payments: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002

Information requested

Since 5th May 2011, has the Scottish Government ever sought legal advice on who would be legally responsible for paying the state pension in an independent Scotland? In other words: has advice been sought on the question of whether a continuing UK Government would have a legal obligation to pay the state pension to people in an independent Scotland on the basis of National Insurance contributions which occurred prior to independence?


The Scottish Government has not taken legal advice on the topic you have raised.

Outwith FOISA, you may find it helpful to note that the Scottish Government’s position on state pensions in an independent Scotland remains unchanged. Future Scottish governments would be responsible for the pensions system in an independent Scotland. Responsibility for paying for state pensions would rest with the Scottish Government and be funded from the Scottish budget. All accrued state and public service pension rights and entitlements would be honoured and protected, and state and public service pensions would continue to be paid on time and in full.

The Scottish Government will publish a paper on pensions in an independent Scotland as part of the Building a New Scotland series in due course.

About FOI

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Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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