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(1)This section applies in any case where a person is entitled to a Category A retirement pension with an increase, under section 52(3) of the Contributions and Benefits Act, in the additional pension on account of the contributions of a spouse [F2or civil partner] who had died.
(2)Where in the case of any up-rating order under section 150 above—
(a)the spouse's [F3or civil partner's] final relevant year is the tax year preceding the tax year in which the up-rating order comes into force, but
(b)the person's final relevant year was an earlier tax year,
then the up-rating order shall not have effect in relation to that part of the additional pension which is attributable to the spouse's [F3or civil partner's] contributions.
(3)Where in the case of any up-rating order under section 150 above—
(a)the person's final relevant year is the tax year preceding the tax year in which the up-rating order comes into force, but
(b)the spouse's [F3or civil partner's] final relevant year was an earlier tax year,
then the up-rating order shall not have effect in relation to that part of the additional pension which is attributable to the person's contributions.]
Textual Amendments
F1S. 156 substituted (19.7.1995) by Pensions Act 1995 (c. 26), ss. 130(1), 180(2)
F2Words in s. 156(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 66(a); S.I. 2005/3175, art. 2(1), Sch. 1
F3Words in s. 156(2)(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 66(b); S.I. 2005/3175, art. 2(1), Sch. 1