Social Security Contributions and Benefits (Northern Ireland) Act 1992

Changes over time for: Section 48A

Version Superseded: 03/01/2012

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Point in time view as at 06/04/2010. This version of this provision has been superseded.

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Social Security Contributions and Benefits (Northern Ireland) Act 1992, Section 48A is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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[F148A Category B retirement pension for married person.N.I.

(1)A person who—

(a)has attained pensionable age, and

(b)on attaining that age was a married person or marries after attaining that age,

shall be entitled to a Category B retirement pension by virtue of the contributions of the other party to the marriage (“the spouse”) if the following requirement is met.

(2)The requirement is that the spouse—

(a)has attained pensionable age F2... , and

[F3(b)satisfies the relevant conditions or condition.]

[F4(2ZA)In subsection (2)(b) above “the relevant conditions or condition” means—

(a)in a case where the spouse is a married man who attains pensionable age before 6th April 2010, the conditions specified in Schedule 3, Part 1, paragraph 5;

(b)in a case where the spouse attains pensionable age on or after that date, the condition specified in Schedule 3, Part 1, paragraph 5A.]

[F5(2A)A person who—

(a)has attained pensionable age, and

(b)on attaining that age was a civil partner or forms a civil partnership after attaining that age,

shall be entitled to a Category B retirement pension by virtue of the contributions of the other party to the civil partnership (“the contributing civil partner”) if the following requirement is met.

(2B)The requirement is that the contributing civil partner—

(a)has attained pensionable age F6... , and

[F7(b)satisfies the condition specified in Schedule 3, Part 1, paragraph 5A.]]

(3)During any period when the spouse [F8or contributing civil partner] is alive, a Category B retirement pension payable by virtue of this section shall be payable at the weekly rate specified in Schedule 4, Part I, paragraph 5.

(4)During any period after the spouse [F8or contributing civil partner] is dead, a Category B retirement pension payable by virtue of this section shall be payable at the weekly rate corresponding to—

(a)the weekly rate of the basic pension, plus

(b)half of the weekly rate of the additional pension, determined in accordance with the provisions of sections 44 to [F945B] above [F10and [F11Schedules 4A and 4B] to this Act] as they apply in relation to a Category A retirement pension but subject to section 46(2) above and the modification in section 48C(4) below.

[F12(4A)Subsection (4) above shall have effect with the omission of the words from “plus” to the end if the pensioner is not the [F13widow, widower or surviving civil partner] of the person by virtue of whose contributions the pension is payable.]

F14(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F1S. 48A-48C substituted for ss. 49, 50 (16.12.1995) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 123, Sch. 2 Pt. II para. 3(1)

F2Words in s. 48A(2)(a) repealed (6.4.2010) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 2(2)(5), Sch. 6 Pt. 1 (with s. 2(6))

F3S. 48A(2)(b) substituted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 1 para. 2(2)

F4S. 48A(2ZA) inserted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 1 para. 2(3)

F5S. 48A(2A)(2B) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 79(2)(6); S.I. 2005/3255, art. 2(1), Sch.

F6Words in s. 48A(2B)(a) repealed (6.4.2010) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 2(2)(5), Sch. 6 Pt. 1 (with s. 2(6))

F7S. 48A(2B)(b) substituted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 1 para. 2(4)

F8Words in s. 48A(3)(4) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 79(3)(6); S.I. 2005/3255, art. 2(1), Sch.

F9Words in s. 48A(4) substituted (1.12.2000) by S.I. 1999/3147 (N.I. 11), art. 74, Sch. 9 para. 9; S.R. 2000/133, art. 2(3), Sch. Pt. IV

F10Words in s. 48A(4) inserted (8.1.2001, 1.2.2001 for specified purposes and 6.4.2002 otherwise) by 2000 c. 4 (N.I.), s. 33(9); S.R. 2000/358, art. 2(e), Sch. Pt. IV (as amended by S.R. 2000/374, art. 3); S.R. 2001/34, art. 2(a)