The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979

5.—(1) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979(1) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation), in the definition of “shared additional pension”(2) after “section 55A” insert “or 55AA”.

(3) After regulation 8(3) (substitution of former spouse’s or former civil partner’s contribution record to give entitlement to a Category A retirement pension)(3) insert—

“(3A) The beneficiary shall be treated as satisfying the first contribution condition specified in paragraph 5 of Schedule 3 to the 1992 Act if his former spouse or former civil partner would have satisfied that condition had Part 1 of the Pensions Act 2014 not been applicable, as respects any year of his working life up to the year ending on 5th April 2016 (inclusive).”.

(4) For regulation 8A(1)(e) substitute(4)—

“(e) whose former spouse or former civil partner—

(i) satisfied the contribution condition specified in paragraph 5A(2) of Schedule 3 (contribution conditions for entitlement to benefit) to the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”); or

(ii) would have satisfied the contribution condition specified in paragraph 5A(2) of Schedule 3 to the 1992 Act in respect of contributions paid before 6th April 2016 had Part 1 of the Pensions Act 2014 not been applicable.”.

(5) In regulation 11(3) (Category C retirement pension for widows of men over pensionable age on 5th July 1948)(5), for “higher rate specified in relation to a Category C retirement pension in Part III of Schedule 4 to the Act” substitute “weekly rate of £69.50”.

(6) In paragraph 1 of Schedule 1 (method of treating former spouse’s or former civil partner’s contributions as those of the beneficiary so as to entitle him to a Category A retirement pension)(6) at the end of sub-paragraph (a), insert “but where Part 1 of the Pensions Act 2014 applies to the former spouse or former civil partner, A is the number of his qualifying years up to the year ending on 5th April 2016 (inclusive)”.

(1)

S.I. 1979/642.

(2)

The definition of “shared additional pension” was inserted by S.I. 2005/1551.

(3)

Relevant amending instruments are S.I.s 2005/2877 and 2009/2206.

(4)

Regulation 8A was inserted by S.I. 2009/2206.

(5)

Regulation 11(3) was amended by S.I.s 1987/1854 and 1989/1642.

(6)

Paragraph 1(a) of Schedule 1 was amended by S.I. 2005/2877.