51 Category B retirement pension for widowers.E+W+S
(1)A man shall be entitled to a Category B retirement pension if—
(a)he has had a wife and she has died on or after 6th April 1979, and he was married to her when she died; and
(b)they were both over pensionable age when she died; and
(c)before her death she satisfied the contribution conditions for a Category A retirement pension in Schedule 3, Part I, paragraph 5.
[F1(1ZA)A party to a marriage of a same sex couple shall be entitled to a Category B retirement pension if—
(a)the other party has died and they were married to each other at the time of that death,
(b)they were both over pensionable age at the time of that death, and
(c)before that death the deceased party satisfied the contribution conditions for a Category A retirement pension in Schedule 3, Part 1, paragraph 5.]
[F2(1A)A civil partner shall be entitled to a Category B retirement pension if—
(a)his or her civil partner has died and they were civil partners of each other at the time of that death,
(b)they were both over pensionable age at the time of that death, and
(c)before that death the deceased civil partner satisfied the contribution conditions for a Category A retirement pension in Schedule 3, Part 1, paragraph 5.]
(2)The weekly rate of a [F3person's] Category B retirement pension under this section shall, subject to subsection (3) below, be determined in accordance with the provisions of [F4sections 44 to [F545AA]] above [F6and Schedule 4A below] as they apply in the case of a Category A retirement pension, taking references in those sections to the pensioner as references to the wife [F7, husband] [F8or deceased civil partner].
(3)In the case of a widower whose wife dies after [F95th October 2002] [F10, surviving party to a same sex marriage] [F11or a surviving civil partner], the additional pension falling to be calculated under [F4sections 44 to [F1245AA]] above [F6and Schedule 4A below] by virtue of subsection (2) above shall be one half of the amount which it would be apart from this subsection.
(4)Subject to the provisions of this Act, a [F13person] shall become entitled to a Category B retirement pension [F14under this section] on the day on which the conditions of entitlement become satisfied in his case and his entitlement shall continue throughout his life.
Textual Amendments
F1S. 51(1ZA) inserted (E.W.) (13.3.2014 for specified purposes) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 13(2) (with Sch. 4 para. 13(5)(6)); S.I. 2014/93, art. 3(j)(ii)
F2S. 51(1A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 28(2) (with Sch. 24 para. 28(6)); S.I. 2005/3175, art. 2(1), Sch. 1
F3Word in s. 51(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 28(3)(a); S.I. 2005/3175, art. 2(1), Sch. 1
F4Words in s. 51(2)(3) substituted (with effect in accordance with s. 127(3)-(5) of the amending Act) by Pensions Act 1995 (c. 26), ss. 127(2), 180(2)(a) (with Sch. 4)
F5Word in s. 51(2) substituted (with application in accordance with Sch. 4 para. 5(2)-(5) of the amending Act) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 11; S.I. 2011/3033, art. 2(c)(xii)
F6Words in s. 51(2)(3) inserted (8.1.2001 for specified purposes, 25.1.2001 for specified purposes, 6.4.2002 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 35(13), 86(1)(b)(2); S.I. 2000/2950, art. 6; S.I. 2001/153, art. 2(a)
F7Word in s. 51(2) inserted (E.W.) (13.3.2014 for specified purposes) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 13(3); S.I. 2014/93, art. 3(j)(ii)
F8Words in s. 51(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 28(3)(b); S.I. 2005/3175, art. 2(1), Sch. 1
F9Words in s. 51(3) substituted (with retrospective effect) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 39(1)(a)(2)(b), 86(1)(b)(2) (with s. 83(6))
F10Words in s. 51(3) inserted (E.W.) (13.3.2014 for specified purposes) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 13(4); S.I. 2014/93, art. 3(j)(ii)
F11Words in s. 51(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 28(4); S.I. 2005/3175, art. 2(1), Sch. 1
F12Word in s. 51(3) substituted (with application in accordance with Sch. 4 para. 5(2)-(5) of the amending Act) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 11; S.I. 2011/3033, art. 2(c)(xii)
F13Words in s. 51(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 28(5)(a); S.I. 2005/3175, art. 2(1), Sch. 1
F14Words in s. 51(4) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 28(5)(b); S.I. 2005/3175, art. 2(1), Sch. 1
Modifications etc. (not altering text)
C1S. 51 restricted (19.7.1995) by Pensions Act 1995 (c. 26), s. 180(2)(a), Sch. 4 para. 3(3)
C2S. 51 modified (6.10.2002) by The Social Security (Inherited SERPS) Regulations 2001 (S.I. 2001/1085), regs. 1(1), 2, Sch. (as amended (5.12.2005) by S.I. 2005/3030, regs. 1, 2)