Paragraph 7ZA F1

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

Sch. 5 para. 2A omitted by Pensions Act 2011 Sch. 2 para. 3(4)
Sch. 5 para. 2(5)(a) words omitted by Pensions Act 2011 Sch. 2 para. 3(3)
Sch. 5 para. 3B(5)(b)(i) words omitted by Pensions Act 2011 Sch. 2 para. 3(5)
Sch. 5 para. 3C(5) omitted by Pensions Act 2011 Sch. 2 para. 3(6)
Sch. 5 para. A1(4) omitted by Pensions Act 2011 Sch. 2 para. 3(2)
Sch. 5 para. 3B(1) amendment to earlier affecting provision S.I. 2005/469 reg. 2(4)(a) by Social Security (Deferral of Retirement Pensions etc.) 2006 reg. 3

(1)

This paragraph modifies paragraphs 5A to 6A in cases where—

(a)

W became entitled to a Category A or Category B retirement pension before 6 April 2012, and

(b)

S died before 6 April 2012.

(“W” and “S” have the same meaning as in paragraph 5.)

(2)

Paragraph 5A applies as if—

(a)

in sub-paragraph (2), after paragraph (a), there were inserted—

“(b)
the appropriate amount; and”;

(b)

in sub-paragraph (3), after “following—”, there were inserted—

“(a)
one half of the appropriate amount; and”.

(3)

Paragraph 6 applies as if—

(a)

in sub-paragraph (2), after paragraph (a), there were inserted—

“(b)
the appropriate amount; and”;

(b)

in sub-paragraph (3), after paragraph (b), there were inserted—

“(c)
the appropriate amount reduced by the amount of any increases under section 109 of the Pensions Act; and”;

(c)

in sub-paragraph (4), after paragraph (a), there were inserted—

“(b)
one half of the appropriate amount; and”.

(4)

Paragraph 6A applies as if in sub-paragraph (2), after paragraph (a), there were inserted—

“(b)
one half of the appropriate amount; and”.

(5)

In paragraphs 5A to 6A as modified by this paragraph, the “appropriate amount” means the greater of—

(a)

the amount by which the deceased person's Category A or Category B retirement pension had been increased under section 150(1)(e) of the Administration Act; or

(b)

the amount by which his or her Category A or Category B retirement pension would have been so increased had he or she died immediately before the surviving spouse or civil partner became entitled to a Category A or Category B retirement pension.

(6)

In sub-paragraph (1)(a) the reference to becoming entitled to a pension before 6 April 2012 includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day.

Annotations

Textual amendments

F1: Sch. 5 para. 7ZA inserted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 94(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

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)