The Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 52(2) of the Welfare Reform and Pensions Act 1999 (c. 30) as amended by the Civil Partnership (Pensions and Benefits Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053). They extend the provisions of the Social Security (Inherited SERPS) Regulations 2001 (S.I. 2001/1085) to surviving civil partners.

In particular, regulation 2 makes provision for surviving civil partners whose civil partner dies on or after 5th December 2005 to receive an increase in the rate of the additional (earnings related) pension under the State Earnings Related Pensions Scheme (SERPS) in the same way as a surviving spouse.

This regulation also allows for the proportion of the additional pension used in the calculation of the surviving civil partner’s inheritable increments or lump sum to be increased in line with the provisions set out in those Regulations relating to the calculation of the additional pension for surviving civil partners.

A Regulatory Impact Assessment has not been prepared for this Statutory Instrument as it has no impact on business, charities, voluntary bodies or any public bodies distinct from that of the Civil Partnership Act 2004 itself. A full Regulatory Impact Assessment for civil partnership was published alongside the Civil Partnership Act 2004 and can be viewed at http://www.dti.gov.uk/access/ria/index.htm#equality.