Part II Contributory Benefits

Retirement pensions (Categories A and B)

F148ACategory B retirement pension for married person.

(1)

A person who—

(a)

has attained pensionable age, and

(b)

on attaining that age was a married person or marries after attaining that age,

shall be entitled to a Category B retirement pension by virtue of the contributions of the other party to the marriage (“the spouse”) if the following requirement is met.

(2)

The requirement is that the spouse—

(a)

has attained pensionable age F2... , and

F3(b)

satisfies the relevant conditions or condition.

F4(2ZA)

In subsection (2)(b) above “the relevant conditions or condition” means—

(a)

in a case where the spouse is a F5man married to a woman and the spouse attains pensionable age before 6th April 2010, the conditions specified in Schedule 3, Part I, paragraph 5;

(b)

in a case where the spouse attains pensionable age on or after that date, the condition specified in Schedule 3, Part I, paragraph 5A;

F6(c)

in a case where the spouse is a woman born before 6th April 1945 who is married to a woman and subsection (2ZB) applies, the conditions specified in Schedule 3, Part 1, paragraph 5;

(d)

in a case where the spouse is a woman born on or after 6th April 1945 but before 6th April 1950 who is married to a woman and subsection (2ZB) applies, the condition specified in Schedule 3, Part 1, paragraph 5A.

F7(2ZB)

This subsection applies where—

(a)

the spouse is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b)

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

F8(2A)

A person who—

(a)

has attained pensionable age, and

(b)

on attaining that age was a civil partner or forms a civil partnership after attaining that age,

shall be entitled to a Category B retirement pension by virtue of the contributions of the other party to the civil partnership (“the contributing civil partner”) if the following requirement is met.

(2B)

The requirement is that the contributing civil partner—

(a)

has attained pensionable age F9..., and

F10(b)

satisfies the condition specified in Schedule 3, Part I, paragraph 5A.

(3)

During any period when the spouse F11or contributing civil partner is alive, a Category B retirement pension payable by virtue of this section shall be payable at the weekly rate specified in Schedule 4, Part I, paragraph 5.

(4)

During any period after the spouse F11or contributing civil partner is dead, a Category B retirement pension payable by virtue of this section shall be payable at a weekly rate corresponding to—

(a)

the weekly rate of the basic pension, plus

(b)

half of the weekly rate of the additional pension,

determined in accordance with the provisions of sections 44 to F1245B above F13and F14Schedules 4A and 4B below as they apply in relation to a Category A retirement pension, but subject to section F1546 above and the modification in section 48C(4) below.

F16(4A)

Subsection (4) above shall have effect with the omission of the words from “plus” to the end if the pensioner is not the F17widow, widower or surviving civil partner of the person by virtue of whose contributions the pension is payable.

F18(5)

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