SCHEDULES
SCHEDULE 4Effect of extension of marriage: further provision
PART 5State pensions
13Category B retirement pension for widowers
1
Section 51 of the 1992 Act (Category B retirement pension for widowers) is amended in accordance with sub-paragraphs (2) to (4).
2
After subsection (1) insert—
1ZA
A party to a marriage of a same sex couple shall be entitled to a Category B retirement pension if—
a
the other party has died and they were married to each other at the time of that death,
b
they were both over pensionable age at the time of that death, and
c
before that death the deceased party satisfied the contribution conditions for a Category A retirement pension in Schedule 3, Part 1, paragraph 5.
3
Subsection (2): after “wife” insert “, husband”.
4
Subsection (3): after “2002” insert “, surviving party to a same sex marriage”.
5
Section 51(1ZA) of the 1992 Act does not confer a right to a Category B retirement pension on a person if the person attains pensionable age on or after 6th April 2010.
6
Section 51(1ZA) of the 1992 Act does not confer a right to a Category B retirement pension on a woman by reason of her marriage to another woman (“the spouse”) if—
a
the spouse was, at the time of her death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
the marriage subsisted before the time when that certificate was issued.
7
In this paragraph “the 1992 Act” means the Social Security Contributions and Benefits Act 1992.