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Social Security Contributions and Benefits Act 1992

Status:

This is the original version (as it was originally enacted).

5(1)Where a woman is entitled to a Category A or Category B retirement pension and—

(a)she has had a husband and he has died, and she was married to him when he died; and

(b)the husband either—

(i)was entitled to a guaranteed minimum pension with an increase under section 35(6) of the Pensions Act, or

(ii)would have been so entitled if he had retired on the date of his death,

the rate of her pension shall be increased by an amount equal to the sum of the amounts set out in sub-paragraph (2) or, as the case may be, (3) below.

(2)Where the husband dies before 6th April 2000, the amounts referred to in sub-paragraph (1) above are the following—

(a)an amount equal to one-half of the increase mentioned in paragraph (b) of that sub-paragraph;

(b)the appropriate amount; and

(c)an amount equal to any increase to which he had been entitled under paragraph 6 below.

(3)Where the husband dies after 5th April 2000, the amounts referred to in sub-paragraph (1) above are the following—

(a)one-half of the appropriate amount after it has been reduced by the amount of any increases under section 37A of the Pensions Act; and

(b)one-half of any increase to which the husband had been entitled under paragraph 6 below.

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