SCHEDULES

C2C5 SCHEDULE 5F2PENSION INCREASE OR LUMP SUM WHERE ENTITLEMENT TO RETIREMENT PENSION IS DEFERRED

Annotations:
Amendments (Textual)
F2

Sch. 5 heading substituted (18.11.2004 for specified purposes, 6.4.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), s. 322(3)(a), Sch. 11 para. 3

Modifications etc. (not altering text)
C5

Sch. 5: sums amended (coming into force in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(c), 4(3)

Increase of pension where pensioner’s deceased spouse F3or civil partner has deferred entitlement

Annotations:
Amendments (Textual)

C3C4F15

C1F81

Where—

a

a F4widow, widower or surviving civil partner (call that person “W”) is entitled to a Category A or Category B retirement pension and was married to F5or was the civil partner of the other party to the marriage F6or civil partnership (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—

F9a

where W is a woman—

i

whose deceased spouse was a man, or

ii

who falls within paragraph 7(3) below,

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

b

where W is a F10man whose deceased spouse was a woman, an amount equal to the sum of the amounts set out in paragraph 6(2), (3) or (4) below (as the case may be)F7, and

F11c

where W is—

i

a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman;

ii

a man whose deceased spouse was a man; or

iii

a surviving civil partner,

an amount equal to the sum of the amounts set out in paragraph (6A)(2) below.