C1C2C3C4Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
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).

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)

Retirement pensions (Categories A and B)

52 Special provision for surviving spouses.

1

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

a

to a Category A retirement pension; and

F1b

to a Category B retirement pension by virtue of the contributions of a spouse F2or civil partner who has died.

2

If by reason of a deficiency of contributions the basic pension in the Category A retirement pension falls short of the full amount, that basic pension shall be increased by the lesser of—

a

the amount of the shortfall, or

b

the amount of the basic pension in the rate of the Category B retirement pension,

“full amount”meaning for this purpose the sum specified in section 44(4) above as the weekly rate of the basic pension in a Category A retirement pension.

3

If the additional pension in the Category A retirement pension falls short of the F4maximum amount specified in regulations, that additional pension shall be increased by the lesser of—

a

the amount of the shortfall, or

b

the amount of the additional pension in the Category B retirement pension.

F33A

In subsection (3) the references to additional pension in a Category A or Category B retirement pension do not include any amount of additional pension attributable to units of additional pension.

3B

If an amount of additional pension in the Category B retirement pension is attributable to units of additional pension, the additional pension in the Category A retirement pension is increased by that amount (in addition to any increase under subsection (3)).

4

This section does not apply in any case where the death of the wife or husband, as the case may be, occurred before 6th April 1979 and the surviving spouse had attained pensionable age before that date.