- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
13(1)Section 51 of the 1992 Act (Category B retirement pension for widowers) is amended in accordance with sub-paragraphs (2) to (4).
(2)After subsection (1) insert—
“(1ZA)A party to a marriage of a same sex couple shall be entitled to a Category B retirement pension if—
(a)the other party has died and they were married to each other at the time of that death,
(b)they were both over pensionable age at the time of that death, and
(c)before that death the deceased party satisfied the contribution conditions for a Category A retirement pension in Schedule 3, Part 1, paragraph 5.”.
(3)Subsection (2): after “wife” insert “, husband”.
(4)Subsection (3): after “2002” insert “, surviving party to a same sex marriage”.
(5)Section 51(1ZA) of the 1992 Act does not confer a right to a Category B retirement pension on a person if the person attains pensionable age on or after 6th April 2010.
(6)Section 51(1ZA) of the 1992 Act does not confer a right to a Category B retirement pension on a woman by reason of her marriage to another woman (“the spouse”) if—
(a)the spouse was, at the time of her death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
(b)the marriage subsisted before the time when that certificate was issued.
(7)In this paragraph “the 1992 Act” means the Social Security Contributions and Benefits Act 1992.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: