# The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) (No. 2) Order 2014, Paragraph 11: Social Security Contributions and Benefits Act 1992


(1) Schedule 5 to the Social Security Contributions and Benefits Act 1992 (pension increase or lump sum where entitlement to retirement pension is deferred) is amended as follows.
(2) In paragraph 5(2)—
(a) for paragraph (a), substitute—
“(a) where W is a woman—
(i) whose deceased spouse was a man, or
(ii) who falls within paragraph 7(3) below,
an amount equal to the sum of the amounts set out in paragraph 5A(2) or (3) below (as the case may be),”, and
(b) for paragraph (c)(i), substitute—
“(i) a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman,”.
(3) In paragraph 5A—
(a) for sub-paragraph (1) substitute—
“(1) This paragraph applies where W (referred to in paragraph 5 above) is a woman—
(a) whose deceased spouse was a man, or
(b) who falls within paragraph 7(3) below.”, and
(b) in sub-paragraphs (2) and (3), for “husband” in each place it appears substitute “spouse”.
(4) For paragraph 6A(1)(a), substitute—
“(a) a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman,”.
(5) In paragraph 7, after sub-paragraph (2) insert—
“(3) For the purposes of paragraphs 5, 5A and 6A above, a woman falls within this sub-paragraph if—
(a) she was married to another woman who, at the time of her death, was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
(b) that marriage subsisted before the time when that certificate was issued.”.

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Source: https://www.legislation.gov.uk/ukdsi/2014/9780111117538/schedule/1/paragraph/11 (the official version)
Page: https://openlegislation.uk/draft-marriage-same-sex-couples-act-2013-consequential-and-contrary-provisions-and-scotland-no-2-order-2014/schedule-1/paragraph-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.