Regulation 26 Reference scheme: circumstances in which widows', widowers' or surviving civil partners' pensions need not be payableF1

England, Wales and Scotland

(1)

For the purposes of section 12B(4)(a) of the 1993 Act (reference scheme to provide widows', widowers' and surviving civil partners' pensions except in prescribed circumstances), and subject to paragraph (2), the prescribed circumstances are where—

(a)

the scheme member marries or forms a civil partnership after having received benefits under the scheme;

(b)

the widow, widower or surviving civil partner of the scheme member—

(i)

remarries or, as the case may be, marries;

(ii)

forms a civil partnership or, as the case may be, forms a subsequent civil partnership F2or;

(iii)

F3lives together F4with another person as if they were a married couple or civil partners,

after having received benefits under the scheme;

(c)

the widow, widower or surviving civil partner of the scheme member is at the time of the member’s death F5living together F6with another person, whom he or she is not married to or in a civil partnership with, as if they were a married couple or civil partners.

(2)

F7The following provisions do not apply where the scheme member died before 5th December 2005—

(a)

paragraph (1)(b)(i) so far as it relates to a marriage or remarriage involving two people of the same sex;

(b)

paragraph (1)(b)(ii); and

(c)

paragraph (1)(b)(iii) and (1)(c) so far as they relate to the living together of two people of the same sex.

Annotations

Textual amendments

F1: Reg. 26 substituted (5.12.2005) by Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005 (S.I. 2005/2050), art. 1(3), Sch. 2 para. 11
F2: Word in reg. 26(1)(b)(ii) inserted (13.3.2014) (EW) by The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014 (S.I. 2014/107) , art. 1(2) , Sch. 1 para. 17(3)(a), and word in reg. 26(1)(b)(ii) inserted (16.12.2014) (S) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229) , art. 1(2) , Sch. 6 para. 12(3)(a)
F3: Reg. 26(1)(b)(iii) substituted for 26(1)(iii)(iv) (13.3.2014) (EW) by The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014 (S.I. 2014/107) , art. 1(2) , Sch. 1 para. 17(3)(a), and reg. 26(1)(b)(iii) substituted for reg. 26(1)(iii)(iv) (16.12.2014) (S) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229) , art. 1(2) , Sch. 6 para. 12(3)(a)
F4: Words in reg. 26(1)(b)(iii) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 48(a)
F5: Words in reg. 26(1)(c) substituted for reg. 26(1)(c)(i)(ii) (13.3.2014) (EW) by The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014 (S.I. 2014/107) , art. 1(2) , Sch. 1 para. 17(3)(b), and words in reg. 26(1)(c) substituted for reg. 26(1)(c)(i)(ii) (16.12.2014) (S) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229) , art. 1(2) , Sch. 6 para. 12(3)(b)
F6: Words in reg. 26(1)(c) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 48(b)
F7: Reg. 26(2) substituted (13.3.2014) (EW) by The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014 (S.I. 2014/107) , art. 1(2) , Sch. 1 para. 17(3)(c), and reg. 26(2) substituted (16.12.2014) (S) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229) , art. 1(2) , Sch. 6 para. 12(3)(c)