C2C5 Part II Contributory Benefits
Retirement pensions (Categories A and B)
C3C148BF2Category B retirement pension for widows and widowers.
1
A person (“the pensioner”) whose spouse died—
a
while they were married, and
b
after the pensioner attained pensionable age,
shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse if the spouse satisfied F10the relevant conditions or condition.
F81ZA
In subsection (1) above “the relevant conditions or condition” means—
a
in a case where the spouse—
i
died before 6th April 2010, or
ii
died on or after that date having attained pensionable age before that date,
the conditions specified in Schedule 3, Part I, paragraph 5;
b
in a case where the spouse died on or after that date without having attained pensionable age before that date, the condition specified in Schedule 3, Part I, paragraph 5A.
F31A
A person (“the pensioner”) who attains pensionable age on or after 6th April 2010 and whose civil partner died—
a
while they were civil partners of each other, and
b
after the pensioner attained pensionable age,
shall be entitled to a Category B retirement pension by virtue of the contributions of the civil partner if the civil partner satisfied F11the condition specified in Schedule 3, Part I, paragraph 5A.
2
A Category B retirement pension payable by virtue of subsection (1) F6or (1A) above 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,
3
Where the spouse F12or civil partner died under pensionable age, references in the provisions of sections 44 to F445B above F9and Schedule 4A below as applied by subsection (2) above to the tax year in which the pensioner attained pensionable age shall be taken as references to the tax year in which the spouse F12or civil partner died.
4
A person who has attained pensionable age (“the pensioner”) whose spouse died before the pensioner attained that age shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse if—
a
where the pensioner is a woman, the following condition is satisfied, and
b
where the pensioner is a man, the following condition would have been satisfied on the assumption mentioned in subsection (7) below.
5
The condition is that the pensioner—
a
is entitled (or is treated by regulations as entitled) to a widow’s pension by virtue of section 38 above, and
b
became entitled to that pension in consequence of the spouse’s death.
6
A Category B retirement pension payable by virtue of subsection (4) above shall be payable—
a
where the pensioner is a woman, at the same weekly rate as her widow’s pension, and
b
where the pensioner is a man, at the same weekly rate as that of the pension to which he would have been entitled by virtue of section 38 above on the assumption mentioned in subsection (7) below.
7
The assumption referred to in subsections (4) and (6) above is that a man is entitled to a pension by virtue of section 38 above on the same terms and conditions, and at the same rate, as a woman.
F58
Nothing in subsections (4) to (7) above applies in a case where the spouse dies on or after the appointed day (as defined by section 36A(3)).
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