Civil Partnership Act 2004

37 (1) Amend section 85 (pension increase: person with care of children) as follows.

(2) Omit subsection (1).

(3) After subsection (1) insert—

“(1A) Subject to subsections (2A) and (4) below, the weekly rate of a Category A retirement pension shall be increased by the amount specified in relation to that pension in Schedule 4, Part 4, column (3) for any period during which a person who is neither the spouse or civil partner of the pensioner nor a child has the care of a child or children in respect of whom the pensioner is entitled to child benefit.”

(4) In subsection (2)—

(a) for “the following provisions” substitute “subsections (3) and (4) below”, and

(b) for “pension to which this section applies” substitute “Category C retirement pension payable by virtue of section 78(1) above”.

(5) After subsection (2) insert—

“(2A) Subsection (1A) above does not apply if the pensioner is a person whose spouse or civil partner is entitled to a Category B retirement pension, or to a Category C retirement pension by virtue of section 78(2) above or in such other cases as may be prescribed.”

(6) In subsection (4), after “subsection” insert “(1A) or”.