Section 61 Exclusion of increase of benefit for failure to satisfy contribution condition.C1
England, Wales and Scotland
A Category A or Category B retirement pension which is payable by virtue of section 60(1) above and a widowed mother’s allowance F1or widowed parent’s allowance which is so payable shall not be increased under section 47(1) above or under Part IV below F2... if the pension or allowance contains no basic pension in consequence of a failure to satisfy a contribution condition.
Where a person is entitled to short-term incapacity benefit at a rate determined under section 30B(3) above and the retirement pension by reference to which the rate of the benefit is determined—
would have been payable only by virtue of section 60 above, and
would, in consequence of a failure to satisfy a contribution condition, have contained no basic pension,
the benefit shall not be increased under section 47(1) above or under Part IV below ...
Annotations
Textual amendments
- F1
Words in s. 61(1) 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), s. 89(1), Sch. 8 para. 9; S.I. 2000/1047, art. 2(2)(a), Sch. Pt. I
- F2
Words in s. 61(1)(2) repealed with savings (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/938, art. 2, Sch. (with art. 3)
- F3
S. 61(2) substituted (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 23; S.I. 1996/2208, art. 2(b)
Modifications
- C1
S. 61 modified (13.4.1995) by The Social Security (Incapacity Benefit)(Transitional) Regulations 1995 (S.I. 1995/310), regs. 1(1), 23
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))