# Social Security Contributions and Benefits Act 1992, Paragraph 5

Extent: E+W+S

(1) Where—
(a) a widow, widower or surviving civil partner (call that person “W”) is entitled to a Category A or Category B retirement pension and was married to or was the civil partner of the other party to the marriage or civil partnership (call that person “S”) when S died, and
(b) S either—
(i) was entitled to a guaranteed minimum pension with an increase under section 15(1) of the Pensions Act, or
(ii) would have been so entitled if S had retired on the date of S’s death,
the rate of W’s pension shall be increased by the following amount.
(2) The amount is—
(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),
(b) where W is a man whose deceased spouse was a woman, an amount equal to the sum of the amounts set out in paragraph 6(2), (3) or (4) below (as the case may be) , and
(c) where W is—
(i) a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman;
(ii) a man whose deceased spouse was a man; or
(iii) a surviving civil partner,
an amount equal to the sum of the amounts set out in paragraph (6A)(2) below.

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Source: https://www.legislation.gov.uk/ukpga/1992/4/schedule/5/paragraph/5 (the official version)
Page: https://openlegislation.uk/social-security-contributions-and-benefits-act-1992/schedule-5/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.