C2C3 Part II Contributory Benefits
Retirement pensions (Categories A and B)
48 Use of former spouse’s contributions.
1
Where a person F8who attained pensionable age before 6 April 2016—
a
has been F1in a relevant relationship, and
b
in respect of the tax year in which the F2relationship terminated or any previous tax year, does not with his own contributions satisfy the contribution conditions for a Category A retirement pension,
then, for the purpose of enabling him to satisfy those conditions (but only in respect of any claim for a Category A retirement pension), the contributions of his former spouse F3or civil partner may to the prescribed extent be treated as if they were his own contributions.
2
Subsection (1) above shall not apply in relation to any person who attained pensionable age before 6th April 1979 if the termination of his F4relevant relationship also occurred before that date.
F92A
Regulations under subsection (1) may not provide for contributions of a person in respect of times on or after 6 April 2016 to be treated as contributions of another person.
F53
Where a person has been in a relevant relationship more than once, this section applies only to the last relevant relationship and the references to his relevant relationship and his former spouse or civil partner shall be construed accordingly.
4
In this section, “relevant relationship” means a marriage or civil partnership.
F65
For the purposes of this section, a civil partnership is not to be treated as having terminated by reason of its having been converted into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 F10or Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 or Part 3 or 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014.
F75
For the purposes of this section, a civil partnership is not to be treated as having terminated by reason of its having been—
a
converted into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 F11or Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 or Part 3 or 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014;
b
changed into a marriage under the Marriage (Scotland) Act 1977;
c
changed into a marriage in accordance with provision made under section 10 of the Marriage and Civil Partnership (Scotland) Act 2014; or
d
changed into a marriage under Part 5 of the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014.
F126
For the purposes of this section, a marriage is not to be treated as having terminated by reason of its having been converted into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020.
Pt. 2 modified (E.W.S.) (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 49, 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV