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Part IIN.I. Contributory Benefits

Modifications etc. (not altering text)

C1Pt. 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).

C3Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)

C4Pt. 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)N.I.

[F148B Category B retirement pension for widows and widowers.N.I.

[F2(1)A person (“the pensioner”) whose spouse died while they were married is entitled to a Category B retirement pension by virtue of the contributions of his or her spouse if—

(a)the pensioner attained pensionable age—

(i)before 6 April 2016, and

(ii)before the spouse died, and

(b)the spouse satisfied the relevant contribution condition.]

[F2(1ZA)But subsection (1) does not confer a right to a Category B retirement pension on a man who attained pensionable age before 6 April 2010.]

[F3(1ZAA)And subsection (1) does not confer a right to a Category B retirement pension on a woman who attained pensionable age before 6 April 2010 if the spouse was a woman.]

[F2(1ZB)In subsection (1)(b) “the relevant contribution condition” means—

(a)in a case where the spouse—

(i)died before 6 April 2010, or

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

the conditions in paragraph 5 of Schedule 3, and

(b)in any other case, the condition in paragraph 5A of Schedule 3.]

[F2(1A)A person (“the pensioner”) whose civil partner died while they were civil partners of each other is entitled to a Category B retirement pension by virtue of the contributions of his or her civil partner if—

(a)the pensioner attained pensionable age—

(i)on or after 6 April 2010 but before 6 April 2016, and

(ii)before the civil partner died, and

(b)the civil partner satisfied the relevant contribution condition.]

[F2(1B)In subsection (1A)(b) “the relevant contribution condition” means—

(a)in a case where the deceased civil partner attained pensionable age before 6 April 2010, the conditions in paragraph 5 of Schedule 3, and

(b)in any other case, the condition in paragraph 5A of Schedule 3.]

(2)A Category B retirement pension payable by virtue of subsection (1) [F4or (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 [F545B] above [F6and [F7Schedules 4A and 4B] to this Act] as they apply in relation to a Category A retirement pension, but subject to section [F846] above and the modifications in subsection (3) below and section 48C(4) below.

(3)Where the spouse [F9or civil partner] died under pensionable age, references in the provisions of section 44 to [F545B] above [F6and 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 [F9or civil partner] died.

[F10(3A)For the purposes of any provision of this Act as it applies in relation to this section, no account is to be taken of any earnings factors of the deceased for the tax year beginning with 6 April 2016 or any later tax year.]

[F11(4)A woman (“the pensioner”) whose husband died before she attained pensionable age is entitled to a Category B retirement pension by virtue of the contributions of her husband if—

(a)she attained pensionable age before 6 April 2016, and

(b)the condition in subsection (5) is satisfied.]

[F11(4A)A man (“the pensioner”) whose wife died before he attained pensionable age is entitled to a Category B retirement pension by virtue of the contributions of his wife if—

(a)he attained pensionable age on or after 6 April 2010 but before 6 April 2016, and

(b)the condition in subsection (5) would have been satisfied on the assumption mentioned in subsection (7).]

(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) [F12or (4A)] 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 [F13(4A)] 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.

[F14(8)Nothing in subsections (4) to (7) above applies in a case where the spouse dies on or after [F159 April 2001].]

[F16(9)Subsection (10) applies in the case of a pensioner entitled to a Category B retirement pension by virtue of subsection (1) or (1A) whose spouse or civil partner—

(a)attained pensionable age on or after 6th April 2016, and

(b)died after attaining pensionable age.

(10)Where this subsection applies, the amount determined in accordance with subsection (2) as the weekly rate of the additional pension payable to the pensioner shall be increased by such percentage as equals the overall percentage by which, had the pension been in payment as from the date when the spouse or civil partner reached pensionable age until the spouse’s or civil partner’s death, that weekly rate would have increased during that period by virtue of orders under section 132 of the Administration Act (annual uprating of benefits).]

[F17(11)Section 51ZA contains special rules for cases involving changes in gender.]]

Textual Amendments

F1Ss. 48A-48C substituted for ss. 49, 50 (16.12.1995 subject to Sch. 2 of the amending S.I.) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 123, Sch. 2 Pt. II para. 3(1)

F6Words in s. 48B(2)(3) inserted (8.1.2001, 1.2.2001 for specified purposes and 6.4.2002 otherwise) by 2000 c. 4 (N.I.), s. 33(10); 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)

F14S. 48B(8) added (24.4.2000 for specified purposes and 9.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 67, Sch. 8 para. 5; S.R. 2000/133, art. 2(3)(a), Sch. Pt. I

Modifications etc. (not altering text)

C5S. 48B restricted (16.12.1995 subject to Sch. 2 of the amending S.I.) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 123, Sch. 2 Pt. II para. 3(3)

C6S. 48B modified (6.10.2002) by S.R. 2001/441, art. 2

C7S. 48B(1)(1A)(4)(4A) modified (6.4.2016) in accordance with Pensions Act (Northern Ireland) 2015 (c. 5 (N.I.)), ss. 8(1)(e), 9, 53(3), Sch. 5 (with s. 8(9)(b))