Section 2: Category B retirement pension: removal of restriction on entitlement
118.Subsection (2) of this section amends subsections (2)(a) and (2B)(a) of section 48A of the SSCBA1992 to remove the restriction which currently prevents a person from becoming entitled to a Category B pension derived from their spouse’s or civil partner’s contributions where their spouse or civil partner has not made a claim for their Category A pension.
119.The effect of the amendment is to enable, subject to the relevant contribution condition being met, a married person or a person in a civil partnership to become entitled to a Category B pension from the point at which both they and their spouse or civil partner have reached state pension age, regardless of whether the spouse or civil partner has made a claim for their Category A pension.
120.Subsection (3) omits section 48(5) which restricts payability of a Category B pension to periods after the spouse or civil partner’s first payday for his or her Category A pension.
121.Subsection (4) introduces the consequential amendments in Part 2 of Schedule 1.
122.Subsection (5) makes provision for section 2 and Part 2 ofSchedule 1 to have effect from 6 April 2010. By subsection (6), the amendments to section 48A apply to a person who attains state pension age before that date as well as to a person who attains state pension age on or after that date.