7[F1(1)For the purposes of [F2paragraphs 5 to 6A] above, the “appropriate amount” means the greater of—N.I.
(a)the amount by which the deceased person’s Category A or Category B retirement pension had been increased [F3by virtue of] section 132 of the Administration Act corresponding to an order [F3by virtue of] section 150(1)(e) of the Great Britain Administration Act; or
(b)the amount by which his Category A or Category B retirement pension would have been so increased had he died immediately before his surviving spouse [F4or civil partner] became entitled to a Category A or Category B retirement pension.
(2)Where an amount is required to be calculated in accordance with the provisions of [F5paragraph 5, 5A, 6 or 6A] or sub-paragraph (1) above—
(a)the amount so calculated shall be rounded to the nearest penny, taking any 1/2p as nearest to the next whole penny above; and
(b)where the amount so calculated would, apart from this sub-paragraph, be a sum less than 1/2p, that amount shall be taken to be zero, notwithstanding any other provision of this Act, the [F6Pensions Act] or the Administration Act.]
[F7(3)For the purposes of paragraphs 5, 5A and 6A above, a woman falls within this sub-paragraph if—
(a)she was married to another woman who, at the time of her death, was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
(b)that marriage subsisted before the time when that certificate was issued.]
Textual Amendments
F1Sch. 5 para. 7 omitted (7.6.2012 for specified purposes) by virtue of Pensions Act (Northern Ireland) 2012 (c. 3), ss. 3(5), 34(3) (with s. 3(7)); S.R. 2012/233, art. 2(2)(c)
F2Words in Sch. 5 para. 7(1) substituted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order (Northern Ireland) 2005 (S.R. 2005/434), art. 1(3), Sch. para. 6(i)(i)(aa)
F3Words in Sch. 5 para. 7(1)(a) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 para. 40; S.R. 1994/450, art. 2, Sch. Pt. IV
F4Words in Sch. 5 para. 7(1)(b) inserted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order (Northern Ireland) 2005 (S.R. 2005/434), art. 1(3), Sch. para. 6(i)(i)(bb)
F5Words in Sch. 5 para. 7(2) substituted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order (Northern Ireland) 2005 (S.R. 2005/434), art. 1(3), Sch. para. 6(i)(ii)
F6Words in Sch. 5 para. 7(2)(b) substituted (7.2.1994) by 1993 c. 49, ss. 184, 186(2), Sch. 7 para. 36(d); S.R. 1994/17, art. 2
F7Sch. 5 para. 7(3) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 66(18)(g) (with regs. 6-9)
Modifications etc. (not altering text)
C1Sch. 5 paras. 4-7 modified (6.10.2002) by S.R. 2001/441, art. 2