Paragraph 6 C1F1
England, Wales and Scotland
This paragraph applies where W (referred to in paragraph 5 above) is a F3man whose deceased spouse was a woman.
Where the wife dies before 6th April 1989, the amounts referred to in paragraph 5(2)(b) above are the following—
an amount equal to the increase mentioned in paragraph 5(1)(b) above,
the appropriate amount, and
an amount equal to any increase to which the wife had been entitled under paragraph 5 above.
Where the wife dies after 5th April 1989 but before F46th October 2002, the amounts referred to in paragraph 5(2)(b) above are the following—
the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,
one-half of that increase, so far as attributable to employment after 5th April 1988,
the appropriate amount reduced by the amount of any increases under section 109 of the Pensions Act, and
any increase to which the wife had been entitled under paragraph 5 above.
Where the wife dies after F55th October 2002, the amounts referred to in paragraph 5(2)(b) above are the following—
one-half of the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,
one-half of the appropriate amount F6... , and
one-half of any increase to which the wife had been entitled under paragraph 5 above
Annotations
Textual amendments
- F1
Sch. 5 paras. 5, 5A, 6 substituted for Sch. 5 paras. 5, 6 (19.7.1995) by Pensions Act 1995 (c. 26), s. 180(2)(a), Sch. 4 para. 21(15)
- F2
Sch. 5 paras. 5, 5A, 6, 6A, 7 omitted (6.4.2012 for specified purposes) by virtue of Pensions Act 2011 (c. 19), ss. 2(5), 38(4) (with s. 2(7)); S.I. 2011/3034, art. 4(b) (note that this amending provision is itself repealed (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 97(a))
- F3
Words in Sch. 5 para. 6(1) substituted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 3 para. 4(4); and substituted (S.) (16.12.2014) 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. 4 para. 2(17)
- F4
Words in Sch. 5 para. 6(3) substituted (with retrospective effect) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 39(1)(b)(2)(c), 86(1)(b)(2) (with s. 83(6))
- F5
Words in Sch. 5 para. 6(4) 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))
- F6
Words in Sch. 5 para. 6(4)(b) repealed (with effect in relation to the tax year 2010-2011 and subsequent tax years) by Pensions Act 2007 (c. 22), ss. 27(7), 30(1)(a)(3), Sch. 1 para. 20, Sch. 7 Pt. 3 (with s. 5(3)-(7)); S.I. 2010/2650
Modifications
- C1
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)
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
- C1
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
- 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)