{
  "url": "https://openlegislation.uk/draft-civil-partnership-pensions-and-benefit-payments-consequential-etc-provisions-order-2005/schedule/paragraph-5",
  "json_url": "https://openlegislation.uk/draft-civil-partnership-pensions-and-benefit-payments-consequential-etc-provisions-order-2005/schedule/paragraph-5.json",
  "legislation": "ukdsi/2005/0110730216",
  "legislation_title": "The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005",
  "legislation_url": "https://openlegislation.uk/draft-civil-partnership-pensions-and-benefit-payments-consequential-etc-provisions-order-2005",
  "path": "schedule/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": null,
  "text": "(1) Amend Schedule 5 (pension increase or lump sum where entitlement to retirement pension is deferred) as follows.\n(2) In paragraph A1(4), for “paragraphs 5 to 6” substitute “paragraphs 5 to 6A”.\n(3) In paragraph 2(5)(a), for “paragraph 4, 5, 5A or 6” substitute “paragraph 4, 5, 5A, 6 or 6A”.\n(4) In paragraph 2A, for “paragraphs 5 to 6” (in each place) substitute “paragraphs 5 to 6A”.\n(5) In paragraph 3B(5)(b)(i), for “paragraphs 5 to 6” substitute “paragraphs 5 to 6A”.\n(6) Amend paragraph 3C as follows—\n(a) in the heading preceding it, after “deceased spouse” insert “or civil partner”;\n(b) in sub-paragraph (1)(a), for “widow or widower” substitute “widow, widower or surviving civil partner”;\n(c) in sub-paragraph (1)(b)—\n(i) after “married to” insert “or was the civil partner of”; and\n(ii) after “marriage” insert “or civil partnership”;\n(d) in sub-paragraph (5)—\n(i) for “paragraphs 5 to 6” substitute “paragraphs 5 to 6A”; and\n(ii) after “deceased spouse” insert “or civil partner”.\n(7) Amend paragraph 4 as follows—\n(a) in the heading preceding it, after “deceased spouse” insert “or civil partner”;\n(b) in sub-paragraph (1)—\n(i) for “widow or widower” (in each place) substitute “widow, widower or surviving civil partner”;\n(ii) after “married to” insert “or was the civil partner of”; and\n(iii) after “other party to the marriage” insert “or civil partnership”;\n(c) in sub-paragraph (1A), for “paragraphs 5 to 6” (in each place) substitute “paragraphs 5 to 6A”;\n(d) in sub-paragraph (3)—\n(i) after “5th April 2000” insert “or a civil partner dies on or after 5th December 2005”;\n(ii) for “widow or widower” substitute “widow, widower or surviving civil partner”; and\n(iii) in paragraph (a), after “deceased spouse” insert “or civil partner”;\n(e) in sub-paragraph (4)—\n(i) after “the former spouse” insert “or civil partner”; and\n(ii) after “the surviving spouse” (in each place) insert “or civil partner”.\n(8) Amend paragraph 5 as follows—\n(a) in sub-paragraph (1)(a)—\n(i) for “widow or widower” substitute “widow, widower or surviving civil partner”;\n(ii) after “married to” insert “or was the civil partner of”; and\n(iii) after “marriage” insert “or civil partnership”;\n(b) in sub-paragraph (2)—\n(i) at the end of paragraph (a), omit “and”; and\n(ii) at the end of paragraph (b), insert—\n“, and\n(c) where W is a surviving civil partner, an amount equal to the sum of the amounts set out in paragraph 6A(2) below”.\n(9) After paragraph 6 insert the following paragraph—\n“6A (1) This paragraph applies where W (referred to in paragraph 5 above) is a surviving civil partner.\n(2) The amounts referred to in paragraph 5(2)(c) above are the following—\n(a) one-half of the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,\n(b) one-half of the appropriate amount after it has been reduced by the amount of any increases under section 109 of the Pensions Act, and\n(c) one-half of any increase to which the deceased civil partner had been entitled under paragraph 5 above.”.\n(10) Amend paragraph 7 as follows—\n(a) in sub-paragraph (1)—\n(i) for “paragraphs 5 to 6” substitute “paragraphs 5 to 6A”; and\n(ii) in paragraph (b), after “surviving spouse” insert “or civil partner”;\n(b) in sub-paragraph (2), for “paragraph 5, 5A or 6” substitute “paragraph 5, 5A, 6 or 6A”.\n(11) Amend paragraph 7A as follows—\n(a) in the heading preceding it, after “deceased spouse” insert “or civil partner”; and\n(b) in sub-paragraph (2), after “widowed person's” insert “or surviving civil partner's”.\n(12) Amend paragraph 7B as follows—\n(a) in the heading preceding it, and in sub-paragraphs (1) and (5), after “widowed person's” insert “or surviving civil partner's”;\n(b) in sub-paragraph (2), after “other party to the marriage” insert “or civil partnership”; and\n(c) in sub-paragraph (5)(b)(i), for “paragraphs 5 to 6” substitute “paragraphs 5 to 6A”.\n(13) Amend paragraph 8 as follows—\n(a) in the heading preceding it, at the end add “and civil partners”; and\n(b) in sub-paragraph (3)—\n(i) after “married person” insert “or a civil partner”; and\n(ii) after “other party to the marriage” insert “or civil partnership”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Schedule 5 was amended by paragraph 21 of Schedule 4 to the Pensions Act 1995 (c. 26) and paragraphs 1 to 14 of Schedule 11 to the Pensions Act 2004 (c. 35). Paragraph 7 of Schedule 5 was amended by paragraph 40 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 39(1) of the Child Support, Pensions and Social Security Act 2000 (c. 19) provides that the reference to 5th April 2000 in sub-paragraph (3) shall have effect, and be deemed always to have had effect, as a reference to 5th October 2002."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2005/0110730216/schedule/paragraph/5",
    "retrieved_at": "2026-10-30T15:22:08.346415+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}