2001 No. 1085
The Social Security (Inherited SERPS) Regulations 2001
Made
Coming into force
Whereas a draft of this Instrument was laid before Parliament in accordance with the provisions of section 52(8) of the Welfare Reform and Pensions Act 1999M1 and approved by resolution of each House of Parliament:
Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred on him by sections 52(1), (2) and (9) and 83(1) and (6) of that ActM2, and of all other powers enabling him in that behalf, hereby make the following Regulations:
Section 52(9) is cited for the meaning given to “prescribed”.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security (Inherited SERPS) Regulations 2001 and shall come into force on 6th October 2002.
2
In these Regulations—
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 M3;
“additional pension” means an additional pension derived from contributions or earnings factors in any tax year beginning after 5th April 1978 and ending before the beginning of the tax year beginning 6th April 2002 F12and an additional pension attributable to units of additional pension (within the meaning of section 14A of the Contributions and Benefits Act); and
“pensionable age” has the meaning given by the rules in Part I of Schedule 4 to the Pensions Act 1995 M4.
Modification of Part II of the Contributions and Benefits Act2
1
Where, on or after 6th October 2002, a person becomes widowed F7or a surviving civil partner and entitled to a widowed parent’s allowance or a Category B retirement pension under Part II of the Contributions and Benefits Act by virtue of being a F8widow or widowerF8widow, widower or surviving civil partner then, provided that the deceased spouse F9or civil partner of that person attained pensionable age before 6th October 2002, any provision of that Part which is listed in paragraph (3) of this regulation shall have effect so that the rate of the additional pension in that pension or allowance, or of any constitutent element of an increase in that additional pension, which would, but for this paragraph, be payable to that person under or by virtue of that provision shall be increased by 100 per cent.
2
Where, on or after 6th October 2002, a person becomes a person of a description specified in Column 1 of the Schedule to these Regulations and entitled to a widowed parent’s allowance or a Category B retirement pension under Part II of the Contributions and Benefits Act by virtue of being a F10widow or widowerF10widow, widower or surviving civil partner, any provision of that Part which is listed in paragraph (3) of this regulation shall have effect so that the rate of the additional pension in that pension or allowance, or of any constituent element of an increase in that additional pension, which would, but for this paragraph, be payable to a person of that description under or by virtue of that provision shall be increased by the percentage specified in Column 2 of that Schedule.
3
The provisions of Part II of the Contributions and Benefits Act referred to in paragraphs (1) and (2) of this regulation are as follows:
F13b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
section 48B (Category B retirement pension for widows and widowers) M6;
d
section 48BB (Category B retirement pension: entitlement by reference to benefits under section 39A or 39B) M7;
e
F34
Where, on or after 6th April 2006, a person becomes a person of a description specified in Column 1 of the Schedule to these Regulations and entitled to a widowed person’s F11or surviving civil partner's lump sum under paragraph 7A of Schedule 5 to the Contributions and Benefits Act, paragraph 7B(3) of Schedule 5 to that Act shall have effect so that the half of the additional pension specified in paragraph (b) of the definition of “P” is increased by the percentage specified in Column 2 of the Schedule to these Regulations.
Signed by authority of the Secretary of State for Social Security.
SCHEDULE INCREASES IN ADDITIONAL PENSION OF PERSONS OF A SPECIFIED DESCRIPTION F2AND IN THE PROPORTION OF ADDITIONAL PENSION USED IN THE CALCULATION OF A WIDOWED PERSON'S F4OR SURVIVING CIVIL PARTNERS'S LUMP SUM PAYABLE TO SUCH PERSONS
Words in Sch. substituted (E.W.S.) (6.4.2005) by The Social Security (Inherited SERPS) (Amendment) Regulations 2005 (S.I. 2005/811), regs. 1, 2(b)
Words in heading to Sch. added (E.W.S.) (6.4.2005) by The Social Security (Inherited SERPS) (Amendment) Regulations 2005 (S.I. 2005/811), regs. 1, 2(c)
Words in heading to Sch. inserted (E.W.S.) (5.12.2005) by The Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations 2005 (S.I. 2005/3030), regs. 1, 2(3)(a)
Words in Sch. substituted (5.12.2005) by The Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations 2005 (S.I. 2005/3030), regs. 1, 2(3)(b)
Column1 | Column 2 |
---|---|
Description of person | Percentage increase |
A person who is the | 80% |
A person who is the | 60% |
A person who is the | 40% |
A person who is the | 20% |
1999 c. 30.