[F16[F2(1)This paragraph applies where W (referred to in paragraph 5 above) is a [F3man whose deceased spouse was a woman].N.I.
(2)Where the wife dies before 6th April 1989, the amounts referred to in paragraph 5(2)(b) above are the following—
(a)an amount equal to the increase mentioned in paragraph 5(1)(b) above,
(b)the appropriate amount, and
(c)an amount equal to any increase to which the wife had been entitled under paragraph 5 above.
(3)Where the wife dies after 5th April 1989 but before [F46th October 2002], the amounts referred to in paragraph 5(2)(b) above are the following—
(a)the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,
(b)one-half of that increase, so far as attributable to employment after 5th April 1988,
(c)the appropriate amount reduced by the amount of any increases under section 105 of the Pension Act, and
(d)any increase to which the wife had been entitled under paragraph 5 above.
(4)Where the wife dies after [F45th October 2002], the amounts referred to in paragraph 5(2)(b) above are the following—
(a)one-half of the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,
(b)one-half of the appropriate amount F5... , and
(c)one-half of any increase to which the wife had been entitled under paragraph 5 above.]]
Textual Amendments
F1Sch. 5 paras. 5, 5A, 6 substituted (16.12.1995) for Sch. 5 paras. 5 and 6 by S.I. 1995/3213 (N.I. 22), arts. 1, 123, Sch. 2 Pt. III paras. 18(15)(16)
F2Sch. 5 para. 6 omitted (7.6.2012 for specified purposes) by virtue of Pensions Act (Northern Ireland) 2012 (c. 3), ss. 3(5), 34(3) (with s. 3(7)); S.R. 2012/233, art. 2(2)(c)
F3Words in Sch. 5 para. 6(1) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 66(18)(d) (with regs. 6-9)
F4Words in Sch. 5 para. 6(3)(4) substituted (retrospectively) by virtue of 2000 c. 4 (N.I.), s. 35(1)(2)(c)
F5Words in Sch. 5 para. 6(4)(b) omitted (with effect in accordance with s. 5(3)-(5) of the amending Act) by virtue of Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 1 para. 20
Modifications etc. (not altering text)
C1Sch. 5 paras. 4-7 modified (6.10.2002) by S.R. 2001/441, art. 2