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

[F148AACategory B retirement pension for divorcee or former civil partnerE+W+S

(1)A person who has been in a marriage that has been dissolved is entitled to a Category B retirement pension by virtue of the contributions of his or her former spouse if—

(a)the person attained pensionable age—

(i)before 6 April 2016, and

(ii)before the marriage was dissolved, and

(b)the former spouse—

(i)attained pensionable age before the marriage was dissolved, and

(ii)satisfied the relevant contribution condition.

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

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

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

(3)A person who has been in a civil partnership that has been dissolved is entitled to a Category B retirement pension by virtue of the contributions of his or her former civil partner if—

(a)the person attained pensionable age—

(i)before 6 April 2016, and

(ii)before the civil partnership was dissolved, and

(b)the former civil partner—

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

(ii)attained pensionable age before the civil partnership was dissolved, and

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

(4)During any period when the person's former spouse or civil partner is alive, 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)During any period after the person's former spouse or civil partner is dead, a Category B retirement pension payable under this section is payable at the weekly rate of the basic pension specified in section 44(4).

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

(a)in a case where the former 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.

(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 former spouse or civil partner for the tax year beginning with 6 April 2016 or any later tax year.

(8)A voidable marriage or civil partnership which has been annulled is to be treated for the purposes of this section as if it had been a valid marriage or civil partnership which was dissolved at the date of annulment.

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

Textual Amendments