Modifications etc. (not altering text)

C1Pts. 1, 6 modified (6.4.2001) by S.I. 2001/1004, regs. 1(1), 113, 114(2) (with reg. 138)

Part IIE+W+S Contributory Benefits

Modifications etc. (not altering text)

C2Pt. 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

C3Pt. 2: power to modify conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(1)(2)(6)(h), 89(4)(a) (with s. 52(7))

Retirement pensions (Categories A and B)E+W+S

[F1[F248ACategory B retirement pension for married person or civil partnerE+W+S

(1)A married person is entitled to a Category B retirement pension by virtue of the contributions of his or her spouse if—

(a)the person attained pensionable age before 6 April 2016, and

(b)the spouse—

(i)has attained pensionable age, and

(ii)satisfies the relevant contribution condition.

(2)But subsection (1) does not confer a right to a Category B retirement pension on—

(a)a man whose spouse was born before 6 April 1950, or

(b)a woman whose wife was born before 6 April 1950.

(3)A person who is a civil partner is entitled to a Category B retirement pension by virtue of the contributions of his or her civil partner (“the contributing civil partner”) if—

(a)the person attained pensionable age before 6 April 2016, and

(b)the contributing civil partner—

(i)was born on or after 6 April 1950,

(ii)has attained pensionable age, and

(iii)satisfies the condition in paragraph 5A of Schedule 3.

(4)A Category B retirement pension payable under this section is payable at the weekly rate specified in paragraph 5 of Part 1 of Schedule 4.

(5)A person ceases to be entitled to a Category B retirement pension under this section if—

(a)the person's spouse or civil partner dies (but see sections 48B and 51), or

(b)the person otherwise ceases to be married or in the civil partnership (but see section 48AA).

(6)In subsection (1)(b)(ii) “the relevant contribution condition” means—

(a)in a case where the spouse was born before 6 April 1945, the conditions in paragraph 5 of Schedule 3;

(b)in any other case, the condition in paragraph 5A of Schedule 3.

[F3(6A)For the purposes of subsection (5)(b), a person is not to be treated as having ceased to be in a civil partnership by reason of its having been converted into a marriage under—

(a)Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, or

(b)Part 3 or 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 where the civil partnership is a convertible Northern Ireland civil partnership as defined by regulation 2 of those Regulations.

(6B)For the purposes of subsection (5)(b), a person is not to be treated as having ceased to be married by reason of the person’s marriage 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.]

(7)For the purposes of any provision of this Act as it applies in relation to this section, no account is to be taken of any earnings factors of the spouse or contributing civil partner for the tax year beginning with 6 April 2016 or any later tax year.

(8)Section 51ZA contains special rules for cases involving changes in gender.]]

Textual Amendments