48A Category B retirement pension for married person.

1

A person who—

a

has attained pensionable age, and

b

on attaining that age was a married person or marries after attaining that age,

shall be entitled to a Category B retirement pension by virtue of the contributions of the other party to the marriage (“the spouse”) if the following requirement is met.

2

The requirement is that the spouse—

a

has attained pensionable age and become entitled to a Category A retirement pension, and

b

satisfies the conditions specified in Schedule 3, Part I, paragraph 5.

3

During any period when the spouse is alive, a Category B retirement pension payable by virtue of this section shall be payable at the weekly rate specified in Schedule 4, Part I, paragraph 5.

4

During any period after the spouse is dead, a Category B retirement pension payable by virtue of this section shall be payable at a weekly rate corresponding to—

a

the weekly rate of the basic pension, plus

b

half of the weekly rate of the additional pension,

determined in accordance with the provisions of sections 44 to 45A above as they apply in relation to a Category A retirement pension, but subject to section 46(2) above and the modification in section 48C(4) below.

5

A person’s Category B retirement pension payable by virtue of this section shall not be payable for any period falling before the day on which the spouse’s entitlement is to be regarded as beginning for that purpose by virtue of section 5(1)(k) of the Administration Act.

48B Category B retirement pension for widows and widowers.

1

A person (“the pensioner”) whose spouse died—

a

while they were married, and

b

after the pensioner attained pensionable age,

shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse if the spouse satisfied the conditions specified in Schedule 3, Part I, paragraph 5.

2

A Category B retirement pension payable by virtue of subsection (1) above shall be payable at a weekly rate corresponding to—

a

the weekly rate of the basic pension, plus

b

half of the weekly rate of the additional pension,

determined in accordance with the provisions of sections 44 to 45A above as they apply in relation to a Category A retirement pension, but subject to section 46(2) above and the modifications in subsection (3) below and section 48C(4) below.

3

Where the spouse died under pensionable age, references in the provisions of sections 44 to 45A above as applied by subsection (2) above to the tax year in which the pensioner attained pensionable age shall be taken as references to the tax year in which the spouse died.

4

A person who has attained pensionable age (“the pensioner”) whose spouse died before the pensioner attained that age shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse if—

a

where the pensioner is a woman, the following condition is satisfied, and

b

where the pensioner is a man, the following condition would have been satisfied on the assumption mentioned in subsection (7) below.

5

The condition is that the pensioner—

a

is entitled (or is treated by regulations as entitled) to a widow’s pension by virtue of section 38 above, and

b

became entitled to that pension in consequence of the spouse’s death.

6

A Category B retirement pension payable by virtue of subsection (4) above shall be payable—

a

where the pensioner is a woman, at the same weekly rate as her widow’s pension, and

b

where the pensioner is a man, at the same weekly rate as that of the pension to which he would have been entitled by virtue of section 38 above on the assumption mentioned in subsection (7) below.

7

The assumption referred to in subsections (4) and (6) above is that a man is entitled to a pension by virtue of section 38 above on the same terms and conditions, and at the same rate, as a woman.

48C Category B retirement pension: general.

1

Subject to the provisions of this Act, a person’s entitlement to a Category B retirement pension shall begin on the day on which the conditions of entitlement become satisfied and shall continue for life.

2

In any case where—

a

a person would, apart from section 43(1) above, be entitled both to a Category A and to a Category B retirement pension, and

b

section 47(1) above would apply for the increase of the Category A retirement pension,

section 47(1) above shall be taken as applying also for the increase of the Category B retirement pension, subject to reduction or extinguishment of the increase by the application of section 47(2) above or section 46(5) of the Pensions Act.

3

In the case of a pensioner whose spouse died on or before 5th April 2000, sections 48A(4)(b) and 48B(2)(b) above shall have effect with the omission of the words “half of”.

4

In the application of the provisions of sections 44 to 45A above by virtue of sections 48A(4) or 48B(2) above, references in those provisions to the pensioner shall be taken as references to the spouse

ii

Category B, payable to a person by virtue of the contributions of a spouse (with increase for child dependants)

51A Special provision for married people.

1

This section has effect where, apart from section 43(1) above, a married person 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.

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

b

to a Category B retirement pension by virtue of the contributions of a spouse who has died

5

1

Where—

a

a widow or widower (call that person “W”) is entitled to a Category A or Category B retirement pension and was married to the other party to the marriage (call that person “S”) when S died, and

b

S either—

i

was entitled to a guaranteed minimum pension with an increase under section 15(1) of the Pensions Act, or

ii

would have been so entitled if S had retired on the date of S’s death,

the rate of W’s pension shall be increased by the following amount.

2

The amount is—

a

where W is a widow, an amount equal to the sum of the amounts set out in paragraph 5A(2) or (3) below (as the case may be), and

b

where W is a widower, an amount equal to the sum of the amounts set out in paragraph 6(2), (3) or (4) below (as the case may be).

5A

1

This paragraph applies where W (referred to in paragraph 5 above) is a widow.

2

Where the husband dies before 6th April 2000, the amounts referred to in paragraph 5(2)(a) above are the following—

a

an amount equal to one-half of the increase mentioned in paragraph 5(1)(b) above,

b

the appropriate amount, and

c

an amount equal to any increase to which the husband had been entitled under paragraph 5 above.

3

Where the husband dies after 5th April 2000, the amounts referred to in paragraph 5(2)(a) above are the following—

a

one-half of the appropriate amount after it has been reduced by the amount of any increases under section 109 of the Pensions Act, and

b

one-half of any increase to which the husband had been entitled under paragraph 5 above.

6

1

This paragraph applies where W (referred to in paragraph 5 above) is a widower.

2

Where the wife dies before 6th April 1989, the amounts referred to in paragraph 5(2)(b) above are the following—

a

an amount equal to the increase mentioned in paragraph 5(1)(b) above,

b

the appropriate amount, and

c

an amount equal to any increase to which the wife had been entitled under paragraph 5 above.

3

Where the wife dies after 5th April 1989 but before 6th April 2000, the amounts referred to in paragraph 5(2)(b) above are the following—

a

the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,

b

one-half of that increase, so far as attributable to employment after 5th April 1988,

c

the appropriate amount reduced by the amount of any increases under section 109 of the Pensions Act, and

d

any increase to which the wife had been entitled under paragraph 5 above.

4

Where the wife dies after 5th April 2000, the amounts referred to in paragraph 5(2)(b) above are the following—

a

one-half of the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,

b

one-half of the appropriate amount after it has been reduced by the amount of any increases under section 109 of the Pensions Act, and

c

one-half of any increase to which the wife had been entitled under paragraph 5 above