Pensions Act 2007

Pensions Act 2007

2007 CHAPTER 22

Commentary on Sections

Schedule 1: Part 3: Contributions credits for relevant parents and carers

Section 4: Category A and C retirement pensions: abolition of adult dependency increases

139. Subsections (1) and (2) provide that sections 83, 84 and 85 of the SSCBA1992 are to cease to apply from 6 April 2010. The SSCBA1992 allows for the weekly rate of Category A or Category C pension to be increased in respect of a pensioner’s wife (section 83), civil partner (section 83A), husband (section 84) or person having care of his or her child/children (section 85). Section 83A was intended, by virtue of paragraph 2 of Schedule 4 to the PA1995, to provide for increases in respect of spouses and civil partners on an equal footing from 6 April 2010.

140. Subsections (3) and (4) provide for the consequential amendments in Part 4 ofSchedule 1 (see below) to have effect from 6 April 2010.

141. Subsections (5), (6) and (7) provide that the repeal of sections 83, 84 and 85 under subsection (1) and the consequential amendments referred to in subsection (3) are not to apply in certain cases before 5 April 2020. This saving will apply in relation to a person who has claimed an increase of pension under those provisions before 6 April 2010 and who immediately before that date is either:

• entitled to the increase; or

• has underlying entitlement to it by virtue of section 92 where the dependant’s earnings fluctuate;

unless the person otherwise ceases to be entitled to the increase (other than as a result of a fluctuation in the dependant’s earnings) or, in the case of an increase paid in respect of a wife, the wife reaches state pension age and becomes eligible for a Category B pension.