Modification of Part II of the Contributions and Benefits Act2

1

Where, on or after 6th October 2002, a person becomes widowed and entitled to a widowed parent’s allowance or a Category B retirement pension under Part II of the Contributions and Benefits Act by virtue of being a widow or widower then, provided that the deceased spouse of that person attained pensionable age before 6th October 2002, any provision of that Part which is listed in paragraph (3) shall have effect so that the rate of the additional pension in that pension or allowance, or of any constituent element of an increase in that additional pension, which would, but for this paragraph, be payable to that person under that provision shall be increased by 100 per cent.

2

Where, on or after 6th October 2002, a person becomes a person of a description specified in column 1 of the Schedule and entitled to a widowed parent’s allowance or a Category B retirement pension under Part II of the Contributions and Benefits Act by virtue of being a widow or widower, any provision of that Part which is listed in paragraph (3) shall have effect so that the rate of the additional pension in that pension or allowance, or of any constituent element of an increase in that additional pension, which would, but for this paragraph, be payable to a person of that description under that provision shall be increased by the percentage specified in column 2 of the Schedule.

3

The provisions of Part II of the Contributions and Benefits Act referred to in paragraphs (1) and (2) are—

a

section 39C5 (rate of widowed parent’s allowance and bereavement allowance) except in so far as that section relates to the rate of a bereavement allowance6;

b

section 48A7 (Category B retirement pension for married person);

c

section 48B8 (Category B retirement pension for widows and widowers);

d

section 48BB9 (Category B retirement pension: entitlement by reference to benefits under section 39A or 39B);

e

section 5110 (Category B retirement pension for widowers), and

f

paragraphs 4 to 711 of Schedule 5 (increase of pension where pensioner’s deceased spouse has deferred entitlement).