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)

C1C2F148B Category B retirement pension for widows and widowers.

1

A person (“the pensioner” whose spouse died—

a

while they were married, and

b

after the pensioner attained pensionable age,

shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse if the spouse satisfied F8the relevant conditions or condition.

F91ZA

In subsection (1) above “the relevant conditions or condition” means—

a

in a case where the spouse—

i

died before 6th April 2010, or

ii

died on or after that date having attained pensionable age before that date,

the conditions specified in Schedule 3, Part 1, paragraph 5;

b

in a case where the spouse died on or after that date without having attained pensionable age before that date, the condition specified in Schedule 3, Part 1, paragraph 5A.

F51A

A person (“the pensioner”) who attains pensionable age on or after 6th April 2010 and whose civil partner died—

a

while they were civil partners of each other, and

b

after the pensioner attained pensionable age,

shall be entitled to a Category B retirement pension by virtue of the contributions of the civil partner if the civil partner satisfied F10the condition specified in Schedule 3, Part 1, paragraph 5A.

2

A Category B retirement pension payable by virtue of subsection (1) F6or (1A) above shall be payable at a 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 provision of sections 44 to F245B above F3and F11Schedules 4A and 4B to this Act as they apply in relation to a Category A retirement pension, but subject to section F1246 above and the modifications in subsection (3) below and section 48C(4) below.

3

Where the spouse F7or civil partner died under pensionable age, references in the provisions of section 44 to F245B above F3and Schedule 4A to this Act as applied by subsection (2) above to the tax year in which the pensioner attained pensionable age shall be taken as references to the tax year in which the spouse F7or civil partner died.

4

A person who has attained pensionable age (“he pensioner”) whose spouse died before the pensioner attained that age shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse if—

a

where the pensioner is a woman, the following condition is satisfied, and

b

where the pensioner is a man, the following condition would have been satisfied on the assumption mentioned in subsection (7) below.

5

The condition is that the pensioner—

a

is entitled (or is treated by regulations as entitled) to a widow’s pension by virtue of section 38 above, and

b

became entitled to that pension in consequence of the spouse’s death.

6

A Category B retirement pension payable by virtue of subsection (4) above shall be payable—

a

where the pensioner is a woman, at the same weekly rate as her widow’s pension and

b

where the pensioner is a man, at the same weekly rate as that of the pension to which he would have been entitled by virtue of section 38 above on the assumption mentioned in subsection (7) below.

7

The assumption referred to in subsections (4) and (6) above is that a man is entitled to a pension by virtue of section 38 above on the same terms and conditions, and at the same rate, as a woman.

F48

Nothing in subsections (4) to (7) above applies in a case where the spouse dies on or after the appointed day (as defined by section 36A(3)).