[F151A Special provision for married people.N.I.
(1)This section has effect where, apart from section 43(1) above, a married person [F2or civil partner] would be entitled both—
(a)to a Category A retirement pension, and
(b)to a Category B retirement pension by virtue of the contributions of the other party to the marriage [F3or civil partnership].
(2)If by reason of a deficiency of contributions the basic pension in the Category A retirement pension falls short of the weekly rate specified in Schedule 4, Part I, paragraph 5, that basic pension shall be increased by the lesser of—
(a)the amount of the shortfall, or
(b)the amount of the weekly rate of the Category B retirement pension.
(3)This section does not apply in any case where both parties to the marriage attained pensionable age before 6th April 1979.]
Textual Amendments
F1S. 51A inserted (16.12.1995 subject to Sch. 2 of the amending S.I.) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 123, Sch. 2 Pt. III para. 18(6)
F2Words in s. 51A(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 83(a); S.I. 2005/3255, art. 2(1), Sch.
F3Words in s. 51A(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 83(b); S.I. 2005/3255, art. 2(1), Sch.