SCHEDULES

C3C9 SCHEDULE 5F2PENSION INCREASE OR LUMP SUM WHERE ENTITLEMENT TO RETIREMENT PENSION IS DEFERRED

Annotations:
Amendments (Textual)
F2

Sch. 5 heading substituted (18.11.2004 for specified purposes, 6.4.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), s. 322(3)(a), Sch. 11 para. 3

Modifications etc. (not altering text)
C9

Sch. 5: sums amended (coming into force in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(c), 4(3)

Increase of pension where pensioner’s deceased spouse F14or civil partner has deferred entitlement

Annotations:
Amendments (Textual)

C4C3C5C84

C1F31

Subject to paragraph 8, this paragraph applies where a F5widow, widower or surviving civil partner (“W”) is entitled to a Category A or Category B retirement pension and was married to F6or was the civil partner of the other party to the marriage F7or civil partnership (“S”) when S died and one of the following conditions is met—

a

S was entitled to a Category A or Category B retirement pension with an increase under this Schedule,

b

W is a F5widow, widower or surviving civil partner to whom paragraph 3C applies and has made an election under paragraph 3C(2)(a), or

c

paragraph 3C would apply to W but for the fact that the condition in sub-paragraph (1)(d) of that paragraph is not met.

C71A

Subject to sub-paragraph (3), the rate of W’s pension shall be increased—

a

in a case falling within sub-paragraph (1)(a), by an amount equal to the increase to which S was entitled under this Schedule, apart from F8paragraphs 5 to 6AF40... ,

b

in a case falling within sub-paragraph (1)(b), by an amount equal to the increase to which S would have been entitled under this Schedule, apart from F8paragraphs 5 to 6AF41... , if the period of deferment had ended immediately before S’s death and S had then made an election under paragraph A1(1)(a), or

c

in a case falling within sub-paragraph (1)(c), by an amount equal to the increase to which S would have been entitled under this Schedule, apart from F8paragraphs 5 to 6AF42... , if the period of deferment had ended immediately before S’s death.

3

If a married person dies after F205th October 2002F9or a civil partner dies on or after 5th December 2005, the rate of the retirement pension for that person’s F10widow, widower or surviving civil partner shall be increased by an amount equivalent to the sum of—

a

the increase in the basic pension to which the deceased spouse F11or civil partner was entitled; and

b

one-half of the increase in the additional pension.

4

In any case where—

a

there is a period between the death of the former spouse F12or civil partner and the date on which the surviving spouse F13or civil partner becomes entitled to a Category A or Category B retirement pension, and

b

one or more orders have come into force under section 150 of the Administration Act during that period,

the amount of the increase to which the surviving spouse F13or civil partner is entitled under this paragraph shall be determined as if the order or orders had come into force before the beginning of that period.

5

This paragraph does not apply in any case where the deceased spouse died before 6th April 1979 and the widow or widower attained pensionable age before that date.

C5C6F15

C2F281

Where—

a

a F15widow, widower or surviving civil partner (call that person “W”) is entitled to a Category A or Category B retirement pension and was married to F16or was the civil partner of the other party to the marriage F17or civil partnership (call that person “S”) when S died, and

b

S either—

i

was entitled to a guaranteed minimum pension with an increase under section 15(1) of the Pensions Act, or

ii

would have been so entitled if S had retired on the date of S’s death,

the rate of W’s pension shall be increased by the following amount.

2

The amount is—

F30a

where W is a woman—

i

whose deceased spouse was a man, or

ii

who falls within paragraph 7(3) below,

an amount equal to the sum of the amounts set out in paragraph 5A(2) or (3) below (as the case may be),

b

where W is a F31man whose deceased spouse was a woman, an amount equal to the sum of the amounts set out in paragraph 6(2), (3) or (4) below (as the case may be)F18, and

F32c

where W is—

i

a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman;

ii

a man whose deceased spouse was a man; or

iii

a surviving civil partner,

an amount equal to the sum of the amounts set out in paragraph (6A)(2) below.

C5F15A

F281

F33This paragraph applies where W (referred to in paragraph 5 above) is a woman—

a

whose deceased spouse was a man, or

b

who falls within paragraph 7(3) below.

2

Where the F34spouse dies before F216th October 2002, the amounts referred to in paragraph 5(2)(a) above are the following—

a

an amount equal to one-half of the increase mentioned in paragraph 5(1)(b) above,

b

the appropriate amount, and

c

an amount equal to any increase to which the F34spouse had been entitled under paragraph 5 above.

3

Where the F35spouse dies after F225th October 2002, the amounts referred to in paragraph 5(2)(a) above are the following—

a

one-half of the appropriate amount F25... , and

b

one-half of any increase to which the F35spouse had been entitled under paragraph 5 above.

C5F16

F281

This paragraph applies where W (referred to in paragraph 5 above) is a F36man whose deceased spouse was a woman.

2

Where the wife dies before 6th April 1989, the amounts referred to in paragraph 5(2)(b) above are the following—

a

an amount equal to the increase mentioned in paragraph 5(1)(b) above,

b

the appropriate amount, and

c

an amount equal to any increase to which the wife had been entitled under paragraph 5 above.

3

Where the wife dies after 5th April 1989 but before F236th October 2002, the amounts referred to in paragraph 5(2)(b) above are the following—

a

the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,

b

one-half of that increase, so far as attributable to employment after 5th April 1988,

c

the appropriate amount reduced by the amount of any increases under section 109 of the Pensions Act, and

d

any increase to which the wife had been entitled under paragraph 5 above.

4

Where the wife dies after F245th October 2002, the amounts referred to in paragraph 5(2)(b) above are the following—

a

one-half of the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,

b

one-half of the appropriate amount F26... , and

c

one-half of any increase to which the wife had been entitled under paragraph 5 above

C5F46A

F28F371

This paragraph applies where W (referred to in paragraph 5 above) is—

a

a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman;

b

a man whose deceased spouse was a man; or

c

a surviving civil partner.

2

The amounts referred to in paragraph 5(2)(c) above are the following—

a

one-half of the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,

b

one-half of the appropriate amount F27... , and

c

one-half of any increase to which the deceased F38spouse or civil partner had been entitled under paragraph 5 above.

C57

F291

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292

Where an amount is required to be calculated in accordance with the provisions of F19paragraph 5, 5A, 6 or 6A or sub-paragraph (1) above—

a

the amount so calculated shall be rounded to the nearest penny, taking any 1/2p as nearest to the next whole penny above; and

b

where the amount so calculated would, apart from this sub-paragraph, be a sum less than 1/2p, that amount shall be taken to be zero, notwithstanding any other provision of this Act, the Pensions Act or the Administration Act.

F393

For the purposes of paragraphs 5, 5A and 6A above, a woman falls within this sub-paragraph if—

a

she was married to another woman who, at the time of her death, was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

b

that marriage subsisted before the time when that certificate was issued.

F437ZA

1

This paragraph modifies paragraphs 5A to 6A in cases where—

a

W became entitled to a Category A or Category B retirement pension before 6 April 2012, and

b

S died before 6 April 2012.

(“W” and “S” have the same meaning as in paragraph 5.)

2

Paragraph 5A applies as if—

a

in sub-paragraph (2), after paragraph (a), there were inserted—

b

the appropriate amount; and

b

in sub-paragraph (3), after “following—”, there were inserted—

a

one half of the appropriate amount; and

3

Paragraph 6 applies as if—

a

in sub-paragraph (2), after paragraph (a), there were inserted—

b

the appropriate amount; and

b

in sub-paragraph (3), after paragraph (b), there were inserted—

c

the appropriate amount reduced by the amount of any increases under section 109 of the Pensions Act; and

c

in sub-paragraph (4), after paragraph (a), there were inserted—

b

one half of the appropriate amount; and

4

Paragraph 6A applies as if in sub-paragraph (2), after paragraph (a), there were inserted—

b

one half of the appropriate amount; and

5

In paragraphs 5A to 6A as modified by this paragraph, the “appropriate amount” means the greater of—

a

the amount by which the deceased person's Category A or Category B retirement pension had been increased under section 150(1)(e) of the Administration Act; or

b

the amount by which his or her Category A or Category B retirement pension would have been so increased had he or she died immediately before the surviving spouse or civil partner became entitled to a Category A or Category B retirement pension.

6

In sub-paragraph (1)(a) the reference to becoming entitled to a pension before 6 April 2012 includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day.