Section 51 Category B retirement pension for widowers and surviving civil partners who attained pensionable age before 6 April 2010F1

Northern Ireland

(1)

A F2person (the pensioner) whose F3spouse died while they were married is entitled to a Category B retirement pension if—

(a)

they were both over pensionable age at the time of the death,

(b)

the pensioner attained pensionable age before 6 April 2010, and

(c)

the spouse satisfied the relevant contribution condition.

(2)

But subsection (1) does not confer a right to a Category B retirement pension on F4—

(a)

a woman whose husband has died, or

(b)

a man whose wife died before 6 April 1979.

(3)

In subsection (1)(c) “the relevant contribution condition” means—

(a)

in a case where the spouse attained pensionable age before 6 April 2010, the conditions in paragraph 5 of Schedule 3, and

(b)

in a case where the spouse attained pensionable age on or after 6 April 2010, the condition in paragraph 5A of Schedule 3.

(4)

A person (“the pensioner”) whose civil partner died while they were civil partners of each other is entitled to a Category B retirement pension if—

(a)

they were both over pensionable age at the time of the death,

(b)

the pensioner attained pensionable age before 6 April 2010, and

(c)

the deceased civil partner satisfied the relevant contribution condition.

(5)

In subsection (4)(c) “the relevant contribution condition” means—

(a)

in a case where the deceased civil partner attained pensionable age before 6 April 2010, the conditions in paragraph 5 of Schedule 3, and

(b)

in a case where the deceased civil partner attained pensionable age on or after 6 April 2010, the condition in paragraph 5A of Schedule 3.

(6)

The weekly rate of a person's Category B retirement pension under this section is to be determined in accordance with sections 44 to 45AA and F5Schedules 4A and 4B as they apply in the case of a Category A retirement pension taking references in those sections to the pensioner as references to the spouse or deceased civil partner.

(7)

But in the case of—

(a)

a man whose wife dies after 5 October 2002,

(F6aa)

a surviving party to a marriage of a same sex couple, or

(b)

a surviving civil partner,

any amount of additional pension falling to be calculated under subsection (6) is to be halved.

(8)

For the purposes of any provision of this Act as it applies in relation to this section, no account is to be taken of any earnings factors of the spouse or deceased civil partner for the tax year beginning with 6 April 2016 or any later tax year.

(9)

Subject to the provisions of this Act, a person becomes entitled to a Category B retirement pension under this section on the day on which the conditions of entitlement become satisfied and the entitlement continues throughout the person's life.

(F710)

Subsection (11) applies in the case of a pensioner whose spouse or civil partner—

(a)

attained pensionable age on or after 6 April 2016, and

(b)

died after attaining pensionable age.

(11)

Where this subsection applies, the amount determined in accordance with this section as the weekly rate of the additional pension payable to the pensioner shall be increased by such percentage as equals the overall percentage by which, had the pension been in payment as from the date when the spouse or civil partner reached pensionable age until the spouse’s or civil partner’s death, that weekly rate would have increased during that period by virtue of orders under section 132 of the Administration Act (annual up-rating of benefits).

(F812)

Section 51ZA contains special rules for cases involving changes in gender.

Annotations

Textual amendments

F1: S. 51 substituted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 56
F2: Word in s. 51(1) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 66(9)(a) (with regs. 6-9)
F3: Word in s. 51(1) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 66(9)(b) (with regs. 6-9)
F4: Words in s. 51(2) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 66(9)(c) (with regs. 6-9)
F5: Words in s. 51(6) substituted (6.4.2016) by The Pensions (2015 Act) (Consequential and Supplementary Amendments) Order (Northern Ireland) 2016 (S.R. 2016/78), arts. 1, 2(4)(a)
F6: S. 51(7)(aa) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 66(9)(d) (with regs. 6-9)
F7: S. 51(10)(11) added (6.4.2016) by The Pensions (2015 Act) (Consequential and Supplementary Amendments) Order (Northern Ireland) 2016 (S.R. 2016/78), arts. 1, 2(4)(b)
F8: S. 51(12) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 66(9)(e) (with regs. 6-9)

Notes on Part II

Modifications

C1: Pt. II (ss. 20-62) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).
C2: Pt. II (ss. 20-62): power to apply conferred (1.7.1992) by Social Security Administration (Northern Ireland) Act 1992 (c. 8), ss. 161, 168(4), Sch. 6 para. 1(3)(a).
C3: Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)
C4: Pt. II modified (temp. from 1.12.1999 to 5.10.2002) by S.I. 1999/3147 (N.I. 11), art. 49(7)(a) (the temp. modification lapsing on the coming into operation of S.R. 2001/441, which modifies specified provisions of Pt. II, on 6.10.2002)