OpenLegislation

Section 9 Survivor's pension based on inheritance of deferred old state pensionI1C1C2C3C4C5C6C7C8C9C10

England, Wales and Scotland

(1)

A person is entitled to a state pension under this section if—

(a)

the person has reached pensionable age,

(b)

the person's spouse died while they were married or the person's civil partner died while they were civil partners of each other,

(c)

either: (i) the person was under pensionable age when the spouse or civil partner died and did not marry or form a civil partnership after the death and before reaching pensionable age, or (ii) the person was over pensionable age when the spouse or civil partner died,

(d)

the person is entitled to an inherited deferral amount under Schedule 5, and

(e)

in the case of a person entitled to a choice under section 8, the person has chosen to be paid a state pension under this section.

(2)

A state pension under this section is payable at a weekly rate equal to the inherited deferral amount.

(3)

But if at any time an order under section 151A of the Administration Act comes into force, the rate of the person's state pension under this section is increased (at that time) by the percentage specified in the order.

(4)

A person may be entitled to more than one state pension under this section.

(5)

There are provisions elsewhere that affect a person's entitlement to a state pension under this section or the rate at which it is payable.

Annotations

Modifications

C1

S. 9 sums amended (with effect in accordance with arts. 1(4), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(c), 6(4)(a)

C2

S. 9 sums amended (with effect in accordance with arts. 1(3)(4), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(c), 6(4)(a)

C3

S. 9 sums amended (with effect in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2019 (S.I. 2019/480), arts. 1(3)(c), 6(4)(a)

C4

S. 9 sums amended (with effect in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), arts. 1(3)(c), 6(4)(a)

C5

S. 9: sums modified (with effect in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), arts. 1(3)(c), 6(4)

C6

S. 9: sums modified (with effect in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2022 (S.I. 2022/292), arts. 1(3)(c), 6(4)

C7

S. 9: sums amended (coming into force in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(c), 6(3)(a)

C8

S. 9: sums amended (coming into force in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(c), 6(3)(a)

C9

S. 9: sums amended (coming into force in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(c), 6(3)(a)

C10

S. 9: sums amended (coming into force in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(c), 6(3)(a)

Commencement

I1

S. 9 in force at 6.4.2016, see s. 56(1)(4)