The Pensions Act 2014 (Transitional and Transitory Provisions) Order 2016

Transitional provisions

3.—(1) This article applies to a case in which the spouse or civil partner mentioned in paragraph 3(1) of Schedule 3 to the Pensions Act 2014 (survivor’s pension: inherited amount where dead spouse or civil partner was in the old state pension system) died—

(a) on or after 6th April 2016; but

(b) before the day on which section 30 of the Pensions Act 2014 comes fully into force.

(2) In a case to which this article applies—

(a) paragraph 3(1)(d) of Schedule 3 to the Pensions Act 2014 is to be read as if it provides—

“(d) the pensioner would, on reaching pensionable age, have been entitled to a Category B retirement pension under section 48BB of the Contributions and Benefits Act if in subsections (1) and (3) of that section the words “before 6 April 2016” were omitted.”; and

(b) paragraph 3(2) of that Schedule is to be read as if it provides—

“(2) The inherited amount is equal to the weekly rate at which that Category B retirement pension would have been payable on the day on which the pensioner reached pensionable age if any element of the rate attributable to the basic pension were ignored.”.