OpenLegislation

Paragraph 4 C1C2C3C4

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

C5(F11)

Subject to paragraph 8, this paragraph applies where a F2widow, widower or surviving civil partner (“W”) is entitled to a Category A or Category B retirement pension and was married to F3or was the civil partner of the other party to the marriage F4or civil partnership (“S”) when S died and one of the following conditions is met—

(a)

S was entitled to a Category A or Category B retirement pension with an increase under this Schedule,

(b)

W is a widow, widower or surviving civil partner to whom paragraph 3C applies and has made an election under paragraph 3C(2)(a), or

(c)

paragraph 3C would apply to W but for the fact that the condition in sub-paragraph (1)(d) of that paragraph is not met.

C6(1A)

Subject to sub-paragraph (3), the rate of W’s pension shall be increased—

(a)

in a case falling within sub-paragraph (1)(a), by an amount equal to the increase to which S was entitled under this Schedule, apart from F5paragraphs 5 to 6A F6... ,

(b)

in a case falling within sub-paragraph (1)(b), by an amount equal to the increase to which S would have been entitled under this Schedule, apart from paragraphs 5 to 6A F7... , if the period of deferment had ended immediately before S’s death and S had then made an election under paragraph A1(1)(a), or

(c)

in a case falling within sub-paragraph (1)(c), by an amount equal to the increase to which S would have been entitled under this Schedule, apart from paragraphs 5 to 6A F8... , if the period of deferment had ended immediately before S’s death.

(3)

If a married person dies after F95th October 2002 F10or a civil partner dies on or after 5th December 2005, the rate of the retirement pension for that person’s F11widow, widower or surviving civil partner shall be increased by an amount equivalent to the sum of—

(a)

the increase in the basic pension to which the deceased spouse F12or civil partner was entitled; and

(b)

one-half of the increase in the additional pension.

(4)

In any case where—

(a)

there is a period between the death of the former spouse F13or civil partner and the date on which the surviving spouse F14or civil partner becomes entitled to a Category A or Category B retirement pension, and

(b)

one or more orders have come into force under section 150 of the Administration Act during that period,

the amount of the increase to which the surviving spouse or civil partner is entitled under this paragraph shall be determined as if the order or orders had come into force before the beginning of that period.

(5)

This paragraph does not apply in any case where the deceased spouse died before 6th April 1979 and the widow or widower attained pensionable age before that date.

Annotations

Textual amendments

F1

Sch. 5 para. 4(1)(1A) substituted for Sch. 5 para. 4(1) (18.11.2004 for specified purposes, 6.4.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), s. 322(3)(a), Sch. 11 para. 10

F2

Words in Sch. 5 para. 4(1) substituted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053), art. 1(3), Sch. para. 5(7)(b)(i)

F3

Words in Sch. 5 para. 4(1) inserted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053), art. 1(3), Sch. para. 5(7)(b)(ii)

F4

Words in Sch. 5 para. 4(1) inserted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053), art. 1(3), Sch. para. 5(7)(b)(iii)

F5

Words in Sch. 5 para. 4(1A) substituted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053), art. 1(3), Sch. para. 5(7)(c)

F6

Words in Sch. 5 para. 4(1A)(a) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 94(2)

F7

Words in Sch. 5 para. 4(1A)(b) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 94(2)

F8

Words in Sch. 5 para. 4(1A)(c) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 94(2)

F9

Words in Sch. 5 para. 4(3) substituted (with retrospective effect) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 39(1)(a)(2)(c), 86(1)(b)(2) (with s. 83(6))

F10

Words in Sch. 5 para. 4(3) inserted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053), art. 1(3), Sch. para. 5(7)(d)(i)

F11

Words in Sch. 5 para. 4(3) substituted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053), art. 1(3), Sch. para. 5(7)(d)(ii)

F12

Words in Sch. 5 para. 4(3)(a) inserted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053), art. 1(3), Sch. para. 5(7)(d)(iii)

F13

Words in Sch. 5 para. 4(4) inserted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053), art. 1(3), Sch. para. 5(7)(e)(i)

F14

Words in Sch. 5 para. 4(4) inserted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053), art. 1(3), Sch. para. 5(7)(e)(ii)

Modifications

C1

Sch. 5 para. 4 excluded (18.11.2004 for specified purposes, 6.4.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), s. 322(3)(a), Sch. 11 para. 26

C2

Sch. 5 modified (6.4.2005) by The Social Security (Retirement Pensions etc.) (Transitional Provisions) Regulations 2005 (S.I. 2005/469), regs. 1(1), 2

C3

Sch. 5 paras. 4-7 modified (6.10.2002) by The Social Security (Inherited SERPS) Regulations 2001 (S.I. 2001/1085), regs. 1(1), 2, Sch. (as amended (5.12.2005) by S.I. 2005/3030, regs. 1, 2)

C4

Sch. 5 para. 4 modified (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 5 para. 3(3)

C5

Sch. 5 para. 4(1) modified (19.7.1995) by Pensions Act 1995 (c. 26), s. 180(2)(a), Sch. 4 para. 21(14)

C6

Sch. 5 para. 4(1A) modified (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 5 para. 2(3)

Notes on Schedule 5

Textual amendments

F1

Sch. 5 heading substituted (18.11.2004 for specified purposes, 6.4.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), s. 322(3)(a), Sch. 11 para. 3

Modifications

C2

Sch. 5: 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), 4(3)

Notes on Increase of pension where pensioner’s deceased spouse or civil partner has deferred entitlement

Textual amendments

F1

Words in Sch. 5 para. 4 heading inserted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053), art. 1(3), Sch. para. 5(7)(a)