C3C4C5C6Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
C3

Pt. II (ss. 20-62) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).

C5

Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)

C6

Pt. II modified (temp. from 1.12.1999 to 5.10.2002) by S.I. 1999/3147 (N.I. 11), art. 49(7)(a) (the temp. modification lapsing on the coming into operation of S.R. 2001/441, which modifies specified provisions of Pt. II, on 6.10.2002)

Retirement pensions (Categories A and B)

C1C2F148A Category B retirement pension for married person.

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 F13... , and

F9b

satisfies the relevant conditions or condition.

F102ZA

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.

F52A

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 F14... , and

F11b

satisfies the condition specified in Schedule 3, Part 1, paragraph 5A.

3

During any period when the spouse F6or 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 F6or 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 F245B above F3and F8Schedules 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.

F44A

Subsection (4) above shall have effect with the omission of the words from “plus” to the end if the pensioner is not the F7widow, widower or surviving civil partner of the person by virtue of whose contributions the pension is payable.

F125

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .