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Social Security Act 1990

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4Computation of additional pension for purposes of invalidity pension etc

(1)In section 14 of the Pensions Act (which provides for the rate of an invalidity pension under section 15 of the principal Act to be calculated in accordance with section 6 of the Pensions Act, in similar manner to a Category A retirement pension, but with modifications) for the words from “taking the reference” onwards there shall be substituted the words but with the substitution for subsection (6) of that section of the following—

(6)In the application of this section for the purpose of determining the weekly rate of a person’s invalidity pension for any period of interruption of employment—

(a)“relevant year” means any tax year, being neither earlier than the tax year 1978-79 nor later than the tax year 1990-91, in the period which—

(i)begins with the tax year in which the invalidity pensioner attained the age of 16; and

(ii)ends with the tax year immediately preceding the tax year which includes or included the first day of entitlement to the pension in respect of that period of interruption of employment; and

(b)“final relevant year” means the last tax year which is a relevant year in relation to the invalidity pensioner.

(2)In section 15 of the Pensions Act, in subsection (4) (determination of weekly rate of widow’s invalidity pension by reference to notional rates of widow’s pension) after paragraph (b) there shall be added the words—

but, in calculating the weekly rate of a widow’s pension for the purposes of paragraph (a) above, or the weekly rate of a widow’s pension without reduction, for the purposes of paragraph (b) above, any additional pension by virtue of section 6 above as it applies for the purposes of section 13 above shall be determined without reference to any surpluses in her late husband’s earnings factors for tax years after 1990-91.

(3)In section 16 of that Act (invalidity pension for widowers) for subsection (4) there shall be substituted—

(4)The weekly rate mentioned in paragraph (b) of subsection (3) above is a rate determined in the manner specified in section 6 above for a Category A retirement pension, but with the modifications that—

(a)where the man’s wife was over pensionable age when she died, references in that section to the pensioner shall be taken as references to the wife;

(b)where the man’s wife was under pensionable age when she died, references in that section to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the wife and the tax year in which she died; and

(c)any additional pension shall be determined without reference to any surpluses in her earnings factors for tax years after 1990-91.

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