Pensions Act 2007

Pensions Act 2007

2007 CHAPTER 22

Commentary on Sections

Schedule 1: Part 4: Category A and C retirement pensions: abolition of adult dependency increases

Section 6: Preservation of link with prices in case of other benefits

158. This section amends section 150 of the SSAA1992 and sections 39 and 39C of the SSCBA1992.

159. Subsections (2), (3) and (4) amend sections 150(1), (3) and (7) respectively of the SSAA1992 to remove the basic state pension, standard minimum guarantee and widow’s and widower’s pensions in industrial death benefit from that section, which provides for up-rating by reference to prices. Subsections (2) and (3) also amend section 150(1) and (3) so that the rate of widowed mother’s allowance, widow’s pension, widowed parent’s allowance and bereavement allowance can continue to be up-rated in line with prices under that section.

160. Subsections (5) and (6) amend sections 39 and 39C respectively of the SSCBA1992. The effect of the amendments is to empower the Secretary of State to prescribe by regulations the rate of widowed mother’s allowance, widow’s pension and widowed parent’s allowance. The weekly amount of bereavement allowance will equal the prescribed rate of widowed parent’s allowance.

161. Subsection (9) will ensure that those regulation-making powers are used to provide that the rate of widowed mother’s allowance, widow’s pension, widowed parent’s allowance and bereavement allowance will equal the amount of the basic state pension up to the point at which the basic state pension is uprated in line with earnings.

162. Under subsection (7) the amendments relating to the basic state pension, widowed mother’s allowance, widow’s pension, widowed parent’s allowance, bereavement allowance and widow’s/widower’s pensions in industrial death benefit will have effect in relation to the designated tax year specified under subsection (4) of section 5 and subsequent tax years. Under subsection (8) the amendments relating to the standard minimum guarantee will have effect in relation to the tax year in which the Act was passed (ie 2007-08) and subsequent tax years.