OpenLegislation

Section 39C Rate of widowed parent’s allowance ...F1F14C1

England, Wales and Scotland

(1)

The weekly rate of a widowed parent’s allowance shall be determined in accordance with the provisions of sections 44 to F245AA and Schedules 4A and 4B below as they apply in the case of a Category A retirement pension, but subject, in particular, to the following provisions of this section and section F346 below.

(F41A)

In its application by virtue of subsection (1) above, section 44(4) below is to be read as if for the first amount specified in that provision there were substituted a reference to the amount prescribed for the purposes of this subsection.

F5(2)

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(3)

In the application of sections 44 to F645AA and Schedules 4A and 4B below by virtue of subsection (1) above —

(a)

where the deceased F7spouse, civil partner or cohabiting partner was over pensionable age at his or her death, references in those F8provisions to the pensioner shall be taken as references to the deceased spouse, civil partner or cohabiting partner, and

(b)

where the deceased spouse, civil partner or cohabiting partner was under pensionable age at his or her death, references in those F9provisions to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the deceased spouse, civil partner or cohabiting partner and the tax year in which he or she died.

(4)

Where a widowed parent’s allowance is payable to a person whose F10spouse, civil partner or cohabiting partner dies after F115th October 2002, the additional pension falling to be calculated under sections 44 to F1245AA and Schedules 4A and 4B below by virtue of subsection (1) above shall be one half of the amount which it would be apart from this subsection.

F13(5)

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Annotations

Textual amendments

F1

Ss. 39A-39C inserted (24.4.2000 for specified purposes, 9.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 55(2), 89(1); S.I. 2000/1047, art. 2(2)(a), Sch. Pt. I

F2

Words in s. 39C(1) substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 93(2)

F3

Word in s. 39C(1) substituted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 4(2)(c); S.I. 2011/3033, art. 2(c)(iv)

F4

S. 39C(1A)(2) substituted for s. 39C(2) (with effect in relation to the tax year 2010-2011 and subsequent tax years) by Pensions Act 2007 (c. 22), ss. 6(6)(a), 30(1)(a)(3) (with ss. 5(4)-(6), 6(7)); S.I. 2010/2650

F5

S. 39C(2) omitted (6.4.2017) by virtue of Pensions Act 2014 (c. 19), s. 56(1), Sch. 16 para. 14(2); S.I. 2017/297, art. 3(2) (with arts. 4, 5)

F6

Words in s. 39C(3) substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 93(3)

F7

Words in s. 39C(3) substituted (retrospective to 30.8.2018) by The Bereavement Benefits (Remedial) Order 2023 (S.I. 2023/134), arts. 1(3), 5(3)(a) (with art. 2)

F8

Word in s. 39C(3)(a) substituted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 2 para. 4(3)

F9

Word in s. 39C(3)(b) substituted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 2 para. 4(3)

F10

Words in s. 39C(4) substituted (retrospective to 30.8.2018) by The Bereavement Benefits (Remedial) Order 2023 (S.I. 2023/134), arts. 1(3), 5(3)(b) (with art. 2)

F11

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

F12

Words in s. 39C(4) substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 93(4)

F13

S. 39C(5) omitted (6.4.2017) by virtue of Pensions Act 2014 (c. 19), s. 56(1), Sch. 16 para. 14(3); S.I. 2017/297, art. 3(2) (with arts. 4, 5)

F14

Words in s. 39C heading omitted (6.4.2017) by virtue of Pensions Act 2014 (c. 19), s. 56(1), Sch. 16 para. 14(4); S.I. 2017/297, art. 3(2) (with arts. 4, 5)

Modifications

C1

S. 39C 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 Part II

Modifications

C1

Pt. 2 modified (E.W.S.) (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 49, 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

C2

Pt. 2: power to modify conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(1)(2)(6)(h), 89(4)(a) (with s. 52(7))

Notes on Bereavement benefits: deaths before the day on which section 30 of the Pensions Act 2014 comes into force

Textual amendments

F1

S. 36 cross-heading substituted (6.4.2017) by Pensions Act 2014 (c. 19), s. 56(1), Sch. 16 para. 7; S.I. 2017/297, art. 3(2) (with arts. 4, 5)