Civil Partnership Act 2004

79 (1) Amend section 48A (category B retirement pension for married person) as follows.

(2) After subsection (2) insert—

“(2A) 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 and become entitled to a Category A retirement pension, and

(b) satisfies the conditions specified in Schedule 3, Part 1, paragraph 5.”

(3) In subsections (3) and (4), after “spouse” insert “or contributing civil partner”.

(4) In subsection (4A), for “widow or widower” substitute “widow, widower or surviving civil partner”.

(5) In subsection (5), after “spouse's” insert “or contributing civil partner's”.

(6) Section 48A (as amended by this paragraph) does not confer a right to a Category B retirement pension on a person by reason of his or her forming a civil partnership with a person who was born before 6th April 1950.