Social Security Contributions and Benefits (Northern Ireland) Act 1992

6 (1) Where a man is entitled to a Category A or Category B retirement pension and—

(a) he has had a wife and she has died, and he was married to her when she died;

(b) he was over pensionable age when she died; and

(c) the wife either—

(i) was entitled to a guaranteed minimum pension with an increase under [F1 section 11(1) of the Pensions Act]; or

(ii) would have been so entitled if she had retired on the date of her death,

the rate of his pension shall be increased by an amount equal to the sum of the amounts set out in sub-paragraph (2) or, as the case may be, (3) or (4) below.

(2) Where the wife dies before 6th April 1989, the amounts referred to in sub-paragraph (1) above are the following—

(a) an amount equal to the increase mentioned in paragraph (c) of that sub-paragraph;

(b) the appropriate amount; and

(c) an amount equal to any increase to which she had been entitled under paragraph 5 above.

(3) Where the wife dies after 5th April 1989 but before [F2 6th October 2002], the amounts referred to in sub-paragraph (1) above are the following—

(a) the increase mentioned in paragraph (c) of that sub-paragraph, so far as attributable to employment before 6th April 1988;

(b) one-half of that increase, so far as attributable to employment after 5th April 1988;

(c) the appropriate amount reduced by the amount of any increases under [F3 section 105 of the Pensions Act]; and

(d) any increase to which she had been entitled under paragraph 5 above.

(4) Where the wife dies after [F2 5th October 2002], the amounts referred to in sub-paragraph (1) above are the following—

(a) one-half of the increase mentioned in paragraph (c) of that sub-paragraph, so far as attributable to employment before 6th April 1988;

(b) one-half of the appropriate amount after it has been reduced by the amount of any increases under [F3 section 105 of the Pensions Act]; and

(c) one-half of any increase to which she had been entitled under paragraph 5 above.

Textual Amendments

F1 Words in Sch. 5 para. 6(1)(c)(i) substituted (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 36(b)

F2 Words in Sch. 5 para. 6(3)(4) substituted (retrospectively) by virtue of 2000 c. 4 (N.I.), s. 35(1)(2)(c)

F3 Words in Sch. 5 para. 6(3)(c)(4)(b) substituted (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 36(c)