Paragraph 8 C1

England, Wales and Scotland

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

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4)

The conditions in paragraph 3C(1)(c) and 4(1)(a) are not satisfied by a Category B retirement pension to which S was or would have been entitled by virtue of W’s contributions.

(5)

Where the Category A retirement pension to which S was or would have been entitled includes an increase under section 51A(2) attributable to W’s contributions, the increase or lump sum to which W is entitled under paragraph 4(1A) or 7A(2) is to be calculated as if there had been no increase under that section.

(6)

In sub-paragraphs (4) and (5), “W” and “S” have the same meaning as in paragraph 3C, 4 or 7A, as the case requires.

Annotations

Textual amendments

F1: Sch. 5 para. 8(1)(2) repealed (with effect in relation to incremental periods beginning on or after 6.4.2010 in accordance with Sch. 4 para. 6(5) of the amending Act) by Pensions Act 1995 (c. 26), s. 180(2)(a), Sch. 4 para. 6(4), Sch. 7
F2: Sch. 5 para. 8(3) repealed (6.4.2010) by Pensions Act 2007 (c. 22), ss. 2(5), 27(4)(a), Sch. 1 para. 8, Sch. 7 Pt. 1
F3: Sch. 5 para. 8(4)-(6) substituted for Sch. 5 para. 8(4) (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. 14(b)

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

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 Married couples and civil partners

Textual amendments

F1: Sch. 5 para. 8 cross-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. 13
F2: Words in Sch. 5 para. 8 cross-heading added (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(13)(a)