Social Security Contributions and Benefits (Northern Ireland) Act 1992

50 Rate of Category B retirement pension for women. N.I.

(1) A woman’s Category B retirement pension—

(a) in the first and second cases of entitlement under section 49 above, shall—

(i) during any period in which the husband is alive, be payable at the weekly rate specified in Schedule 4, Part I, paragraph 5, and

(ii) during any period after he is dead, be payable at a weekly rate ascertained in accordance with subsection (3) below;

(b) in the third case of entitlement under that section, shall be payable at a weekly rate ascertained in accordance with subsection (3) below; and

(c) in the fourth case of entitlement under that section, shall be payable at the same weekly rate as her widow’s pension.

(2) In any case where—

(a) a woman would, apart from section 43(1) above, be entitled both to a Category A and to a Category B retirement pension, and

(b) subsection (1) of section 47 above would apply for the increase of the Category A retirement pension,

that subsection shall be taken as applying also for the increase of the Category B retirement pension, subject to reduction or extinguishment of the increase by the application of section 47(2) above or Article 31B(2) of the Pensions Order.

(3) The weekly rate referred to in paragraphs (a)(ii) and (b) of subsection (1) above for a woman’s Category B retirement pension shall be determined in accordance with the provisions of sections 44 and 45 above as they apply in the case of a Category A retirement pension, but subject, in particular—

(a) to section 46(2) above; and

(b) to subsections (4) and (5) below.

(4) In the application of sections 44 and 45 above by virtue of subsection (3) above—

(a) references in those sections to the pensioner shall be taken as references to the husband, and

(b) where, in the third case of entitlement under section 49 above, the husband was under pensionable age when he died, references in those sections to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the husband and the tax year in which he died.

(5) In the case of a widow whose husband dies after 5th April 2000, the additional pension falling to be calculated under sections 44 and 45 above by virtue of subsection (3) above shall be one half of the amount which it would be apart from this subsection.