Social Security Contributions and Benefits (Northern Ireland) Act 1992

4 (1) Subject to sub-paragraph (3) below, where a woman is entitled to a Category A or Category B retirement pension and—

(a) she has had a husband and he has died, and she was married to him when he died; and

(b) the husband either—

(i) was entitled to a Category A or Category B retirement pension with an increase under this Schedule; or

(ii) would have been so entitled if his period of deferment had ended on the day before his death,

the rate of her pension shall be increased by an amount equal to the increase to which he was or would have been entitled under this Schedule apart from paragraph 6.

(2) Subject to sub-paragraph (3) below, where a man is entitled to a Category A or Category B retirement pension and—

(a) he has had a wife and she has died, and he was married to her when she died;

(b) he was over pensionable age when she died; and

(c) the wife either—

(i) was entitled to a Category A or Category B retirement pension with an increase under this Schedule; or

(ii) would have been so entitled if her period of deferment had ended on the day before her death,

the rate of his pension shall be increased by an amount equal to the increase to which she was or would have been entitled under this Schedule apart from paragraph 5.

(3) If a married person dies after 5th April 2000, the rate of the retirement pension for that person’s widow or widower shall be increased by an amount equivalent to the sum of—

(a) the increase in the basic pension to which the deceased spouse was entitled; and

(b) one-half of the increase in the additional pension.

(4) In any case where—

(a) there is a period between the death of the former spouse and the date on which the surviving spouse becomes entitled to a Category A or Category B retirement pension, and

(b) one or more orders have come into force under section 132 of the Administration Act during that period,

the amount of the increase to which the surviving spouse is entitled under this paragraph shall be determined as if the order or orders had come into force before the beginning of that period.

(5) This paragraph does not apply in any case where the deceased spouse died before 6th April 1979 and the widow or widower attained pensionable age before that date.