37(1)Amend section 85 (pension increase: person with care of children) as follows.
(2)Omit subsection (1).
(3)After subsection (1) insert—
“(1A)Subject to subsections (2A) and (4) below, the weekly rate of a Category A retirement pension shall be increased by the amount specified in relation to that pension in Schedule 4, Part 4, column (3) for any period during which a person who is neither the spouse or civil partner of the pensioner nor a child has the care of a child or children in respect of whom the pensioner is entitled to child benefit.”
(4)In subsection (2)—
(a)for “the following provisions” substitute “ subsections (3) and (4) below ”, and
(b)for “pension to which this section applies” substitute “ Category C retirement pension payable by virtue of section 78(1) above ”.
(5)After subsection (2) insert—
“(2A)Subsection (1A) above does not apply if the pensioner is a person whose spouse or civil partner is entitled to a Category B retirement pension, or to a Category C retirement pension by virtue of section 78(2) above or in such other cases as may be prescribed.”
(6)In subsection (4), after “subsection” insert “ (1A) or ”.