Part II Contributory Benefits
Partial satisfaction of contribution conditions
F160AFailure to satisfy contribution condition in paragraph 5A of Schedule 3
(1)
Subsection (2) below applies if the contribution condition in Schedule 3, Part 1, paragraph 5A is not satisfied in relation to a benefit to which that paragraph applies.
(2)
A person who would have been entitled to the benefit had the condition been satisfied shall nevertheless be entitled to a prescribed proportion of that benefit in respect of each of the years of the contributor's working life that falls within subsection (3) below.
(3)
A year of the contributor's working life falls within this subsection if it is a year in relation to which the requirements in paragraph 5A(2)(a) and (b) of Part 1 of Schedule 3 are satisfied.
(4)
“The contributor” means the person by whom the condition is to be satisfied.
(5)
In any case where—
(a)
an employed earner who is married or a civil partner dies on or after 6th April 2010 as a result of—
(i)
a personal injury of a kind mentioned in section 94(1) below, or
(ii)
a disease or injury such as is mentioned in section 108(1) below, and
(b)
the contribution condition specified in Schedule 3, Part 1, paragraph 5A is not satisfied in respect of the employed earner,
that condition shall be taken to be satisfied for the purposes of the entitlement of the employed earner's widow, widower or surviving civil partner to a Category B retirement pension payable by virtue of section 48B above.
(6)
In subsections (1) to (3) above, any reference—
(a)
to the contribution condition in Schedule 3, Part 1, paragraph 5A, or
(b)
to the requirements of paragraph 5A(2)(a) and (b),
includes a reference to that condition or those requirements as modified by virtue of paragraph 5A(4).