2010 No. 426
The Social Security (Maximum Additional Pension) Regulations 2010
Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 52(3), 122(1), 175(1) of the Social Security Contributions and Benefits Act 1992 M1.
The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it M2.
Section 173(1)(b) of the Social Security Administration Act 1992 (c. 5) provides that matter which would otherwise be referable to the Social Security Advisory Committee may not be so referred with the agreement of that Committee. These Regulations would otherwise be referable to the Committee by virtue of sections 170 and 172 of that Act.
Citation and commencement1
These Regulations may be cited as the Social Security (Maximum Additional Pension) Regulations 2010 and shall come into force on 6th April 2010.
Interpretation2
1
In these Regulations—
“applicable limit” has the meaning given by section 44(7)(c) M3;
F2“relevant day” means the day on which the survivor would, but for section 43 (persons entitled to more than one retirement pension), have become entitled to both—
- a
a Category A retirement pension; and
- b
a Category B retirement pension by virtue of the contributions of a spouse or civil partner who has died,
or would have become so entitled if the survivor’s entitlement to a Category A or Category B retirement pension had not been deferred;.
- a
“relevant year” has the meaning given by section 44(7)(a);
“survivor” means surviving spouse or surviving civil partner.
2
In these Regulations a reference to a section by number alone is a reference to the section so numbered in the Social Security Contributions and Benefits Act 1992.
Prescribed maximum additional pension3
F3A1
This regulation applies to a survivor whose relevant day is before 6th April 2016.
1
For the purposes of section 52(3) (increase of additional pension in the Category A retirement pension for surviving spouses) the maximum additional pension shall be the amount of additional pension to which a person is entitled where that person—
a
has reached pensionable age on F4the survivor’s relevant day; and
b
in respect of each relevant year has an earnings factor specified in paragraph (3).
F52
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
For the purposes of paragraph (1)(b), the specified earnings factor is an earnings factor which—
a
is equal to 53 times that year's applicable limit, before any increase under section 148 of the Social Security Administration Act 1992 (revaluation of earnings factors); and
b
is derived from earnings on which primary Class 1 contributions were paid.
F1Prescribed maximum additional pension for survivors who become entitled on or after 6th April 20163A
1
This regulation applies to a survivor whose relevant day is on or after 6th April 2016.
2
For the purposes of section 52(3), the maximum additional pension shall be F6£218.39
Revocations4
The following instruments are revoked—
a
the Social Security (Maximum Additional Pension) Regulations 1978 M4;
b
the Social Security (Maximum Additional Pension) Amendment Regulations 1979 M5.
Signed by authority of the Secretary of State for Work and Pensions.
1992 c. 4. Section 52(3) re-enacts section 9(3) of the Social Security Pensions Act 1975 (c. 60). Section 122(1) is cited for the meaning of ‘prescribe’.