Part II Contributory Benefits

Retirement pensions (Categories A and B)

52 Special provision for surviving spouses.

(1)

This section has effect where, apart from section 43(1) above, a person would be entitled both—

(a)

to a Category A retirement pension; and

F1(b)

to a Category B retirement pension by virtue of the contributions of a spouse F2or civil partner who has died.

(2)

If by reason of a deficiency of contributions the basic pension in the Category A retirement pension falls short of the full amount, that basic pension shall be increased by the lesser of—

(a)

the amount of the shortfall, or

(b)

the amount of the basic pension in the rate of the Category B retirement pension,

“full amount” meaning for this purpose the sum specified in section 44(4) above as the weekly rate of the basic pension in a Category A retirement pension.

(3)

If the additional pension in the Category A retirement pension falls short of the F3maximum amount specified in regulations, that additional pension shall be increased by the lesser of—

(a)

the amount of the shortfall, or

(b)

the amount of the additional pension in the Category B retirement pension.

F4(3A)

In subsection (3) the references to additional pension in a Category A or Category B retirement pension do not include any amount of additional pension attributable to units of additional pension.

(3B)

If an amount of additional pension in the Category B retirement pension is attributable to units of additional pension, the additional pension in the Category A retirement pension is increased by that amount (in addition to any increase under subsection (3)).

(4)

This section does not apply in any case where the death of the wife or husband, as the case may be, occurred before 6th April 1979 and the surviving spouse had attained pensionable age before that date.