Modifications etc. (not altering text)
C1Pts. 1, 6 modified (6.4.2001) by S.I. 2001/1004, regs. 1(1), 113, 114(2) (with reg. 138)
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A person who is over the age of 80 [F3, who reached pensionable age before 6 April 2016 and who satisfies] such conditions as may be prescribed shall be entitled to a Category D retirement pension at the appropriate weekly rate if—
(a)he is not entitled to a Category A, Category B or Category C retirement pension; or
(b)he is entitled to such a pension, but it is payable at a weekly rate which, disregarding those elements specified in subsection (4) below, is less than the appropriate weekly rate.
(4)The elements referred to in subsection (3)(b) above are—
(a)any additional pension;
(b)any increase so far as attributable to—
(i)any additional pension, or
(ii)any increase in a guaranteed minimum pension;
(c)any graduated retirement benefit; and
F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The appropriate weekly rate of a Category D retirement pension shall be that specified in Schedule 4, Part III, paragraph 7.
(7)Entitlement to a F6... Category D retirement pension shall continue throughout the pensioner’s life.
(8)A F7... Category D retirement pension shall not be payable for any period falling before the day on which the pensioner’s entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(k) of the Administration Act.
(9)Regulations may provide for the payment—
(a)to a widow whose husband was over pensionable age on 5th July 1948; or
(b)to a woman whose marriage to a husband who was over pensionable age on that date was terminated otherwise than by his death,
of a Category C retirement pension or of benefit corresponding to a widow’s pension or a widowed mother’s allowance; and any such retirement pension or any such benefit shall be at the prescribed rate.
Textual Amendments
F1S. 78(1) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 80(2)
F2S. 78(2) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 80(2)
F3Words in s. 78(3) substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 84
F4S. 78(4)(d) repealed (6.4.2010 with savings until 6.4.2020) by Pensions Act 2007 (c. 22), ss. 4(4), 27(4)(b), Sch. 1 para. 13, Sch. 7 Pt. 2 (with s. 4(5)-(8))
F5S. 78(5) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 80(2)
F6Words in s. 78(7) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 80(3)
F7Words in s. 78(8) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 80(3)
(1)A person who is over the age of 80 and entitled to a retirement pension of any category [F8under this Act] shall be entitled to an increase of the pension, to be known as “age addition”.
(2)Where a person is in receipt of a pension or allowance payable by the Secretary of State by virtue of any prescribed enactment or instrument (whether passed or made before or after this Act) and—
(a)he is over the age of 80; and
(b)he fulfils such other conditions as may be prescribed,
he shall be entitled to an increase of that pension or allowance, also known as age addition.
(3)Age addition shall be payable for the life of the person entitled, at the weekly rate specified in Schedule 4, Part III, paragraph 8.
Textual Amendments
F8Words in s. 79(1) inserted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 85