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Social Security Contributions and Benefits Act 1992

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Changes to legislation:

Social Security Contributions and Benefits Act 1992, Paragraph 5 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F15[F2(1)Where—E+W+S

(a)a [F3widow, widower or surviving civil partner] (call that person “W”) is entitled to a Category A or Category B retirement pension and was married to [F4or was the civil partner of] the other party to the marriage [F5or 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—

[F6(a)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 [F7man 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)] [F8, and

[F9(c)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.]]]

Textual Amendments

F1Sch. 5 paras. 5, 5A, 6 substituted for Sch. 5 paras. 5, 6 (19.7.1995) by Pensions Act 1995 (c. 26), s. 180(2)(a), Sch. 4 para. 21(15)

F2Sch. 5 paras. 5, 5A, 6, 6A, 7 omitted (6.4.2012 for specified purposes) by virtue of Pensions Act 2011 (c. 19), ss. 2(5), 38(4) (with s. 2(7)); S.I. 2011/3034, art. 4(b) (note that this amending provision is itself repealed (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 97(a))

Modifications etc. (not altering text)

C2Sch. 5 para. 5 applied (with modifications) (1.3.2009 for specified purposes, 6.4.2009 in so far as not already in force) by Pensions Act 2007 (c. 22), ss. 14(8)-(11), 30(2)(a); S.I. 2009/406, art. 2(a)(b)

C3Sch. 5 para. 5(1) modified (19.7.1995) by Pensions Act 1995 (c. 26), s. 180(2)(a), Sch. 4 para. 21(16)

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