Regulation 8 Substitution of former spouse's or former civil partner's contribution record to give entitlement to a Category A retirement pensionF18

(1)

This regulation applies to—

(a)

any person whose last marriage terminated before he attained pensionable age and who did not remarry F1or, as the case may be, form a civil partnership before that date;

F2(aa)

any person whose last civil partnership terminated before he attained pensionable age and who did not form a subsequent civil partnership or, as the case may be, marry before that date;

F3(b)

any man or woman widowed on or after attaining pensionable age F4or whose civil partner died on or after the man or woman had attained that age, his or her former spouse F5or former civil partner, as the case may be, being under pensionable age when she or he died; and

(c)

any person F6, other than one to whom regulation 8A applies, whose last marriage F7 or last civil partnership terminated on or after the date on which he attained pensionable age otherwise than by the death of his spouse F8or, as the case may be, his civil partner,

and any such person shall be referred to in this regulation as “the beneficiary”.

(2)

Where the beneficiary does not, in respect of the year in which his marriage F9or civil partnership terminated or any previous year, with his own contribution satisfy the contribution conditions for a Category A retirement pension specified in paragraph 5 of Schedule 3 F10to the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) or the contribution condition for such a pension specified in paragraph 5A of that Schedule to that Act, then, for the purpose of enabling him to satisfy those conditions, the contributions of his former spouse F11or former civil partner may, if it is advantageous to him, be treated to the extent specified in paragraphs (3) to (6) as though they were his own.

F12(3)

The beneficiary shall be treated as satisfying the first contribution condition specified in paragraph 5 of Schedule 3 to the 1992 Act if his former spouse or former civil partner—

(a)

had satisfied that condition; or

(b)

would have satisfied that condition had paragraph 5A of Schedule 3 not been applicable,

as respects any year of his working life up to (inclusive) the year in which the marriage or civil partnership terminated.

F13(3A)

The beneficiary shall be treated as satisfying the first contribution condition specified in paragraph 5 of Schedule 3 to the 1992 Act if his former spouse or former civil partner would have satisfied that condition had Part 1 of the Pensions Act 2014 not been applicable, as respects any year of his working life up to the year ending on 5th April 2016 (inclusive).

(4)

The beneficiary shall be treated as satisfying the second contribution condition F14specified in paragraph 5 of Schedule 3 to the 1992 Act or the contribution condition specified in paragraph 5A of that Schedule to that Act as respects the number of years arrived at under paragraph 2 or 3 of Schedule 1 to these regulations, whichever is the more beneficial to him.

(5)

Where a person is entitled for any period to any F15basic pension in his Category A retirement pension by virtue of this regulation and regulation 6 F16or 6A, he shall not be entitled for that period to a section 9(2) increase.

F17(6)

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

Annotations

Textual amendments

F1: Words in reg. 8(1)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(3)(b)(i) (with art. 3)
F2: Reg. 8(1)(aa) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(3)(b)(ii) (with art. 3)
F3: Reg. 8(1)(b) substituted (9.4.2001) by The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 (S.I. 2000/1483), regs. 1, 7(5)
F4: Words in reg. 8(1)(b) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(3)(b)(iii)(aa) (with art. 3)
F5: Words in reg. 8(1)(b) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(3)(b)(iii)(bb) (with art. 3)
F6: Words in reg. 8(1)(c) inserted (6.4.2010) by The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 13(2)
F7: Words in reg. 8(1)(c) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(3)(b)(iv), (aa) (with art. 3)
F8: Words in reg. 8(1)(c) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(3)(b)(iv), (bb) (with art. 3)
F9: Words in reg. 8(2) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(3)(c)(i) (with art. 3)
F10: Words in reg. 8(2) substituted (6.4.2010) by The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 13(3)
F11: Words in reg. 8(2) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(3)(c)(ii) (with art. 3)
F12: Reg. 8(3) substituted (6.4.2010) by The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 13(4)
F13: Reg. 8(3A) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 5(3)
F14: Words in reg. 8(4) inserted (6.4.2010) by The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 13(5)
F15: Words in reg. 8(5) substituted (6.4.1987) by Social Security Act 1986 (c. 50), s. 18(1)(a)
F16: Words in reg. 8(5) inserted (6.4.2010) by The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 13(6)
F17: Reg. 8(6) omitted (6.4.2010) by virtue of The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 13(7) (with reg. 13(8))
F18: Words in reg. 8 heading inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(3)(a) (with art. 3)