Section 51A Special provision for married people.F1

England, Wales and Scotland

(1)

This section has effect where, apart from section 43(1) above, a married person F2or civil partner would be entitled both—

(a)

to a Category A retirement pension, and

(b)

to a Category B retirement pension by virtue of the contributions of the other party to the marriage F3or civil partnership.

(2)

If by reason of a deficiency of contributions the basic pension in the Category A retirement pension falls short of the weekly rate specified in Schedule 4, Part I, paragraph 5, that basic pension shall be increased by the lesser of—

(a)

the amount of the shortfall, or

(b)

the amount of the weekly rate of the Category B retirement pension.

(3)

This section does not apply in any case where both parties to the marriage attained pensionable age before 6th April 1979

Annotations

Textual amendments

F1: S. 51A inserted (19.7.1995) by Pensions Act 1995 (c. 26), s. 180(2)(a), Sch. 4 para. 21(6)
F2: Words in s. 51A(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 29(a); S.I. 2005/3175, art. 2(1), Sch. 1
F3: Words in s. 51A(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 29(b); S.I. 2005/3175, art. 2(1), Sch. 1

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))