Pensions Act 1995

Section 126.

SCHEDULE 4 E+W+S [F1 Equalisation of and increase in pensionable age for men and women]

Extent Information

E1 The amendment by this Act of an enactment which extends to Northern Ireland extends also to Northern Ireland see s. 178(1)(2)(3).

Textual Amendments

F1 Sch. 4 heading substituted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 3

Part I E+W+S Pensionable ages for men and women

Rules for determining pensionable age E+W+S

1 E+W+S The following rules apply for the purposes of the enactments relating to social security, that is, the following Acts and the instruments made, or having effect as if made, under them: the M1 Social Security Contributions and Benefits Act 1992, the M2 Social Security Administration Act 1992 [F2 , the Pension Schemes Act 1993 (c. 48) [F3 , the State Pension Credit Act 2002 [F4 , Part 1 of the Welfare Reform Act 2007 and the Pensions Act 2014]]].

Textual Amendments

F2 Words in Sch. 4 para. 1 substituted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 39; S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)

F3 Words in Sch. 4 para. 1 substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 13; S.I. 2008/787, art. 2(4)(f)

F4 Words in Sch. 4 para. 1 substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 30

Marginal Citations

M1 1992 c. 4.

M2 1992 c. 5.

Rules E+W+S

(1)

A man [F5 born before [F6 6th December 1953]] attains pensionable age when he attains the age of 65 years.

(2)

A woman born before 6th April 1950 attains pensionable age when she attains the age of 60.

(3)

A woman born on any day in a period mentioned in column 1 of [F7 table 1] attains pensionable age at the commencement of the day shown against that period in column 2.

(4)

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 TABLE 1]

(1) Period within which woman’s birthday falls	(2) Day pensionable age attained
6th April 1950 to 5th May 1950	6th May 2010
6th May 1950 to 5th June 1950	6th July 2010
6th June 1950 to 5th July 1950	6th September 2010
6th July 1950 to 5th August 1950	6th November 2010
6th August 1950 to 5th September 1950	6th January 2011
6th September 1950 to 5th October 1950	6th March 2011
6th October 1950 to 5th November 1950	6th May 2011
6th November 1950 to 5th December 1950	6th July 2011
6th December 1950 to 5th January 1951	6th September 2011
6th January 1951 to 5th February 1951	6th November 2011
6th February 1951 to 5th March 1951	6th January 2012
6th March 1951 to 5th April 1951	6th March 2012
6th April 1951 to 5th May 1951	6th May 2012
6th May 1951 to 5th June 1951	6th July 2012
6th June 1951 to 5th July 1951	6th September 2012
6th July 1951 to 5th August 1951	6th November 2012
6th August 1951 to 5th September 1951	6th January 2013
6th September 1951 to 5th October 1951	6th March 2013
6th October 1951 to 5th November 1951	6th May 2013
6th November 1951 to 5th December 1951	6th July 2013
6th December 1951 to 5th January 1952	6th September 2013
6th January 1952 to 5th February 1952	6th November 2013
6th February 1952 to 5th March 1952	6th January 2014
6th March 1952 to 5th April 1952	6th March 2014
6th April 1952 to 5th May 1952	6th May 2014
6th May 1952 to 5th June 1952	6th July 2014
6th June 1952 to 5th July 1952	6th September 2014
6th July 1952 to 5th August 1952	6th November 2014
6th August 1952 to 5th September 1952	6th January 2015
6th September 1952 to 5th October 1952	6th March 2015
6th October 1952 to 5th November 1952	6th May 2015
6th November 1952 to 5th December 1952	6th July 2015
6th December 1952 to 5th January 1953	6th September 2015
6th January 1953 to 5th February 1953	6th November 2015
6th February 1953 to 5th March 1953	6th January 2016
6th March 1953 to 5th April 1953	6th March 2016
[F10 6th April 1953 to 5th May 1953	6th July 2016]
[F10 6th May 1953 to 5th June 1953	6th November 2016]
[F10 6th June 1953 to 5th July 1953	6th March 2017]
[F10 6th July 1953 to 5th August 1953	6th July 2017]
[F10 6th August 1953 to 5th September 1953	6th November 2017]
[F10 6th September 1953 to 5th October 1953	6th March 2018]
[F10 6th October 1953 to 5th November 1953	6th July 2018]
[F10 6th November 1953 to 5th December 1953	6th November 2018]

(5)

[F11 A person born on any day in a period mentioned in column 1 of table 2 attains pensionable age at the commencement of the day shown against that period in column 2.

[F12 TABLE 2

(1)	(2)
Period within which birthday falls	Day pensionable age attained
6th December 1953 to 5th January 1954	6th March 2019
6th January 1954 to 5th February 1954	6th May 2019
6th February 1954 to 5th March 1954	6th July 2019
6th March 1954 to 5th April 1954	6th September 2019
6th April 1954 to 5th May 1954	6th November 2019
6th May 1954 to 5th June 1954	6th January 2020
6th June 1954 to 5th July 1954	6th March 2020
6th July 1954 to 5th August 1954	6th May 2020
6th August 1954 to 5th September 1954	6th July 2020
6th September 1954 to 5th October 1954	6th September 2020]

(6)

A person born after [F13 5th October 1954] but before [F14 6th April 1960] attains pensionable age when the person attains the age of 66.

(7)

[F15 A person born on any day in a period mentioned in column 1 of table 3 attains pensionable age when the person attains the age shown against that period in column 2.

TABLE 3

(1)	(2)
Period within which birthday falls	Age pensionable age attained
6th April 1960 to 5th May 1960	66 years and 1 month
6th May 1960 to 5th June 1960	66 years and 2 months
6th June 1960 to 5th July 1960	66 years and 3 months
6th July 1960 to 5th August 1960	66 years and 4 months
6th August 1960 to 5th September 1960	66 years and 5 months
6th September 1960 to 5th October 1960	66 years and 6 months
6th October 1960 to 5th November 1960	66 years and 7 months
6th November 1960 to 5th December 1960	66 years and 8 months
6th December 1960 to 5th January 1961	66 years and 9 months
6th January 1961 to 5th February 1961	66 years and 10 months
6th February 1961 to 5th March 1961	66 years and 11 months

(7A)

For the purposes of table 3—

(a)

a person born on 31st July 1960 is to be taken to attain the age of 66 years and 4 months at the commencement of 30th November 2026;

(b)

a person born on 31st December 1960 is to be taken to attain the age of 66 years and 9 months at the commencement of 30th September 2027;

(c)

a person born on 31st January 1961 is to be taken to attain the age of 66 years and 10 months at the commencement of 30th November 2027.]

(8)

A person born after [F16 5th March 1961] but before 6th April 1977 attains pensionable age when the person attains the age of 67.

(9)

A person born on any day in a period mentioned in column 1 of table 4 attains pensionable age at the commencement of the day shown against that period in column 2.

TABLE 4

(1)	(2)
Period within which birthday falls	Day pensionable age attained
6th April 1977 to 5th May 1977	6th May 2044
6th May 1977 to 5th June 1977	6th July 2044
6th June 1977 to 5th July 1977	6th September 2044
6th July 1977 to 5th August 1977	6th November 2044
6th August 1977 to 5th September 1977	6th January 2045
6th September 1977 to 5th October 1977	6th March 2045
6th October 1977 to 5th November 1977	6th May 2045
6th November 1977 to 5th December 1977	6th July 2045
6th December 1977 to 5th January 1978	6th September 2045
6th January 1978 to 5th February 1978	6th November 2045
6th February 1978 to 5th March 1978	6th January 2046
6th March 1978 to 5th April 1978	6th March 2046

(10)

A person born after 5th April 1978 attains pensionable age when the person attains the age of 68.]

Textual Amendments

F5 Words in Sch. 4 para. 1 rule (1) inserted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 4(2)

F6 Words in Sch. 4 para. 1 rule (1) substituted (3.1.2012) by Pensions Act 2011 (c. 19), ss. 1(2), 38(3)(a)

F7 Words in Sch. 4 para. 1 rule (3) substituted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 4(3)

F8 Sch. 4 para. 1 rule (4) omitted (3.1.2012) by virtue of Pensions Act 2011 (c. 19), ss. 1(3), 38(3)(a)

F9 Sch. 4 para. 1 table heading substituted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 4(5)

F10 Sch. 4 para. 1 Table 1 entries substituted (3.1.2012) by virtue of Pensions Act 2011 (c. 19), ss. 1(4), 38(3)(a)

F11 Sch. 4 para. 1 rules (5)-(10) inserted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 4(6)

F12 Sch. 4 para. 1 Table 2 substituted (3.1.2012) by virtue of Pensions Act 2011 (c. 19), ss. 1(5), 38(3)(a)

F13 Words in Sch. 4 para. 1 rule (6) substituted (3.1.2012) by Pensions Act 2011 (c. 19), ss. 1(6), 38(3)(a)

F14 Words in Sch. 4 para. 1 rule (6) substituted (14.7.2014) by Pensions Act 2014 (c. 19), ss. 26(2), 56(3)(a)

F15 Sch. 4 para. 1 rules (7)(7A) substituted for Sch. 4 para. 1 rule (7) and Table 3 (14.7.2014) by Pensions Act 2014 (c. 19), ss. 26(3), 56(3)(a)

F16 Words in Sch. 4 para. 1 rule (8) substituted (14.7.2014) by Pensions Act 2014 (c. 19), ss. 26(4), 56(3)(a)

Part II E+W+S Entitlement to certain pension and other benefits

Pension increases for dependent spouses E+W+S

F17 2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 4 para. 2 repealed (26.9.2007) by Pensions Act 2007 (c. 22), ss. 4(2), 27(3)(a), 30(3), Sch. 7 Pt. 2 (with s. 4(5)-(8))

Category B retirement pensions E+W+S

3 (1) For sections 49 and 50 of the M3 Social Security Contributions and Benefits Act 1992 (Category B retirement pensions for women) there is substituted— E+W+S

“48A Category B retirement pension for married person.

(1) A person who—

(a) has attained pensionable age, and

(b) on attaining that age was a married person or marries after attaining that age,

shall be entitled to a Category B retirement pension by virtue of the contributions of the other party to the marriage (“the spouse”) if the following requirement is met.

(2) The requirement is that the spouse—

(a) has attained pensionable age and become entitled to a Category A retirement pension, and

(b) satisfies the conditions specified in Schedule 3, Part I, paragraph 5.

(3) During any period when the spouse is alive, a Category B retirement pension payable by virtue of this section shall be payable at the weekly rate specified in Schedule 4, Part I, paragraph 5.

(4) During any period after the spouse is dead, a Category B retirement pension payable by virtue of this section shall be payable at a weekly rate corresponding to—

(a) the weekly rate of the basic pension, plus

(b) half of the weekly rate of the additional pension,

determined in accordance with the provisions of sections 44 to 45A above as they apply in relation to a Category A retirement pension, but subject to section 46(2) above and the modification in section 48C(4) below.

(5) A person’s Category B retirement pension payable by virtue of this section shall not be payable for any period falling before the day on which the spouse’s entitlement is to be regarded as beginning for that purpose by virtue of section 5(1)(k) of the Administration Act.

48B Category B retirement pension for widows and widowers.

(1) A person (“the pensioner”) whose spouse died—

(a) while they were married, and

(b) after the pensioner attained pensionable age,

shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse if the spouse satisfied the conditions specified in Schedule 3, Part I, paragraph 5.

(2) A Category B retirement pension payable by virtue of subsection (1) above shall be payable at a weekly rate corresponding to—

(a) the weekly rate of the basic pension, plus

(b) half of the weekly rate of the additional pension,

determined in accordance with the provisions of sections 44 to 45A above as they apply in relation to a Category A retirement pension, but subject to section 46(2) above and the modifications in subsection (3) below and section 48C(4) below.

(3) Where the spouse died under pensionable age, references in the provisions of sections 44 to 45A above as applied by subsection (2) above to the tax year in which the pensioner attained pensionable age shall be taken as references to the tax year in which the spouse died.

(4) A person who has attained pensionable age (“the pensioner”) whose spouse died before the pensioner attained that age shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse if—

(a) where the pensioner is a woman, the following condition is satisfied, and

(b) where the pensioner is a man, the following condition would have been satisfied on the assumption mentioned in subsection (7) below.

(5) The condition is that the pensioner—

(a) is entitled (or is treated by regulations as entitled) to a widow’s pension by virtue of section 38 above, and

(b) became entitled to that pension in consequence of the spouse’s death.

(6) A Category B retirement pension payable by virtue of subsection (4) above shall be payable—

(a) where the pensioner is a woman, at the same weekly rate as her widow’s pension, and

(b) where the pensioner is a man, at the same weekly rate as that of the pension to which he would have been entitled by virtue of section 38 above on the assumption mentioned in subsection (7) below.

(7) The assumption referred to in subsections (4) and (6) above is that a man is entitled to a pension by virtue of section 38 above on the same terms and conditions, and at the same rate, as a woman.

48C Category B retirement pension: general.

(1) Subject to the provisions of this Act, a person’s entitlement to a Category B retirement pension shall begin on the day on which the conditions of entitlement become satisfied and shall continue for life.

(2) In any case where—

(a) a person would, apart from section 43(1) above, be entitled both to a Category A and to a Category B retirement pension, and

(b) section 47(1) above would apply for the increase of the Category A retirement pension,

section 47(1) above shall be taken as applying also for the increase of the Category B retirement pension, subject to reduction or extinguishment of the increase by the application of section 47(2) above or section 46(5) of the Pensions Act.

(3) In the case of a pensioner whose spouse died on or before 5th April 2000, sections 48A(4)(b) and 48B(2)(b) above shall have effect with the omission of the words “half of”.

(4) In the application of the provisions of sections 44 to 45A above by virtue of sections 48A(4) or 48B(2) above, references in those provisions to the pensioner shall be taken as references to the spouse”.

F18 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 4 para. 3(2)(3) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 73

Marginal Citations

M3 1992 c. 4.

Home responsibilities protection E+W+S

4 (1) In paragraph 5 of Schedule 3 to the M4 Social Security Contributions and Benefits Act 1992 (contribution conditions for entitlement to retirement pension), in sub-paragraph (7)(a) (condition that contributor must have paid or been credited with contributions of the relevant class for not less than the requisite number of years modified in the case of those precluded from regular employment by responsibilities at home), “ (or at least 20 of them, if that is less than half) ” is omitted. E+W+S

(2) This paragraph shall have effect in relation to any person attaining pensionable age on or after 6th April 2010.

Marginal Citations

M4 1992 c. 4.

Additional pension E+W+S

5 E+W+S In section 46(2) of the M5 Social Security Contributions and Benefits Act 1992 (benefits calculated by reference to Category A retirement pension), for the words following “45(4)(b) above-” there is substituted— “”N ”=

(a) the number of tax years which begin after 5th April 1978 and end before the date when the entitlement to the additional pension commences, or

(b) the number of tax years in the period—

(i) beginning with the tax year in which the deceased spouse (“S”) attained the age of 16 or if later 1978-79, and

(ii) ending immediately before the tax year in which S would have attained pensionable age if S had not died earlier,

whichever is the smaller number”.

Marginal Citations

M5 1992 c. 4.

Increments E+W+S

6 (1) In section 54(1) of the Social Security Contributions and Benefits Act 1992 (election to defer right to pension), in paragraph (a), the words from “but” to “70” are omitted. E+W+S

(2) In Schedule 5 to that Act—

(a) in paragraph 2(2), the definition of “period of enhancement” (and the preceding “and”) are omitted, and

(b) for “period of enhancement” (in every other place in paragraphs 2 and 3 where it appears) there is substituted “ period of deferment ”.

(3) In paragraph 2(3) of that Schedule, for “1/7th per cent.” there is substituted “ 1/5th per cent. ”

(4) In paragraph 8 of that Schedule, sub-paragraphs (1) and (2) are omitted.

[F19 (5) The preceding sub-paragraphs shall come into force as follows—

(a) sub-paragraphs (1) and (4) shall come into force on 6th April 2005;

(b) sub-paragraphs (2) and (3) shall have effect in relation to incremental periods (within the meaning of Schedule 5 to the Social Security Contributions and Benefits Act 1992 (c. 4)) beginning on or after that date.]

Textual Amendments

F19 Sch. 4 para. 6(5) substituted (18.11.2004) by Pensions Act 2004 (c. 35), ss. 297(3), 322(2)(c)(ii)

Graduated retirement benefit U.K.

7 E+W+S In section 62(1) of the M6 Social Security Contributions and Benefits Act 1992 (graduated retirement benefit continued in force by regulations)—

(a) in paragraph (a), for “replacing section 36(4) of the National Insurance Act 1965” there is substituted “ amending section 36(2) of the National Insurance Act 1965 (value of unit of graduated contributions) so that the value is the same for women as it is for men and for replacing section 36(4) of that Act ”, and

(b) at the end of paragraph (b) there is added “ and for that section (except subsection (5)) so to apply as it applies to women and their late husbands ”.

Marginal Citations

M6 1992 c. 4.

Christmas bonus for pensioners E+W+S

8 E+W+S In section 149(4) of that Act (Christmas bonus: supplementary), for “70 in the case of a man or 65 in the case of a woman” there is substituted “ 65 ”.

Part III U.K. Consequential amendments

Pensionable age E+W+S

9 E+W+S In section 50 of the M7 London Regional Transport Act 1984 (travel concessions), for subsection (7)(a) there is substituted—

“(a) persons who have attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995)”.

Marginal Citations

M7 1984 c. 32.

10 E+W+S In section 93 of the M8 Transport Act 1985 (travel concessions), for subsection (7)(a) there is substituted—

“(a) persons who have attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995)”.

Marginal Citations

M8 1985 c. 67.

11 E+W+S In section 73B(2)(b)(ii) of the M9 Housing (Scotland) Act 1987 (rent loan scheme), for “of the Social Security Act 1975” there is substituted “ given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995) ”.

Marginal Citations

M9 1987 c. 26.

12 E+W+S In the M10 Income and Corporation Taxes Act 1988—

(a) in section 187(2) (interpretation), the definition of “pensionable age” is omitted,

(b) in the words following paragraph (d) of paragraph 2 of Schedule 10 (retention of shares in connection with profit sharing schemes), for “to pensionable age” there is substituted “ in the case of a man, to the age of 65, and in the case of a woman, to the age of 60 ”.

(c) in sub-paragraph (2) of paragraph 3A of that Schedule, for “pensionable age” there is substituted—

“(a) in the case of a man, 65, and

(b) in the case of a woman, 60.”, and

(d) in sub-paragraph (4) of that paragraph, for “pensionable age” there is substituted “ in the case of a man, 65, and in the case of a woman, 60. ”

Marginal Citations

M10 1988 c. 1.

13 E+W+S In the M11 Social Security Contributions and Benefits Act 1992—

(a) in section 122(1) (interpretation of Parts I to VI), for the definition of “pensionable age” there is substituted—

““pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995”, and

(b) in section 150(2) (interpretation of Part X), for the definition of “pensionable age” there is substituted—

““pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995”.

Marginal Citations

M11 1992 c. 4.

14 E+W+S In section 191 of the M12 Social Security Administration Act 1992 (interpretation), for the definition of “pensionable age” there is substituted—

““pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995”.

Marginal Citations

M12 1992 c. 5.

15 E+W+S In section 58 of the M13 Trade Union and Labour Relations (Consolidation) Act 1992 (exemption from requirement for election), in subsection (3)(b), for the words following “pensionable age” there is substituted “ (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995) ”.

Marginal Citations

M13 1992 c. 52.

16 E+W+S For section 49 of the M14 Pension Schemes Act 1993 (married women and widows), including the cross heading preceding it, there is substituted—

“ Women, married women and widows E+W+S

49 Women, married women and widows.

The Secretary of State may make regulations modifying, in such manner as he thinks proper—

(a) this Chapter in its application to women born on or after 6th April 1950, and

(b) sections 41, 42, 46(1), 47(2) and (5) and 48, in their application to women who are or have been married”.

Marginal Citations

M14 1993 c. 48.

17 E+W+S In section 181(1) of that Act (interpretation), for the definition of “pensionable age” there is substituted—

““pensionable age”—

(a) so far as any provisions (other than sections 46 to 48) relate to guaranteed minimum pensions, means the age of 65 in the case of a man and the age of 60 in the case of a woman, and

(b) in any other case, has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995”.

Pension increases for dependent spouses E+W+S

F20 18 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. 4 para. 18 repealed (26.9.2007) by Pensions Act 2007 (c. 22), s. 27(3)(a), Sch. 7 Pt. 2 (with s. 4(5))

F21 19 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Sch. 4 para. 19 repealed (6.4.2010) by Pensions Act 2007 (c. 22), s. 27(3)(a)(4)(b), Sch. 7 Pt. 2 (with s. 4(5))

F22 20 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Sch. 4 para. 20 repealed (6.4.2010) by Pensions Act 2007 (c. 22), s. 27(3)(a)(4)(b), Sch. 7 Pt. 2 (with s. 4(5))

Category B retirement pensions E+W+S

21 (1) In section 20(1)(f) of the M15 Social Security Contributions and Benefits Act 1992 (general description of benefits), for sub-paragraph (ii) there is substituted— E+W+S

“(ii) Category B, payable to a person by virtue of the contributions of a spouse (with increase for child dependants)”.

(2) In section 25(6) of that Act, in paragraph (b), for “(for married women) under section 53(2)” there is substituted “ (for married people) under section 51A(2) ”.

(3) In section 30B of that Act (incapacity benefit), in paragraph (a) of the proviso to subsection (3), for “(for married women) under section 53(2)” there is substituted “ (for married people) under section 51A(2) ”.

(4) In section 41(5)(a) of that Act (long-term incapacity benefit for widowers), for “section 51 below” there is substituted “ the contributions of his wife ”.

(5) In section 46(2) of that Act (calculation of additional pension in certain benefits), for “50(3)” there is substituted “ 48A(4) or 48B(2) ”.

(6) After section 51 of that Act there is inserted—

“51A Special provision for married people.

(1) This section has effect where, apart from section 43(1) above, a married person would be entitled both—

(a) to a Category A retirement pension, and

(b) to a Category B retirement pension by virtue of the contributions of the other party to the marriage.

(2) If by reason of a deficiency of contributions the basic pension in the Category A retirement pension falls short of the weekly rate specified in Schedule 4, Part I, paragraph 5, that basic pension shall be increased by the lesser of—

(a) the amount of the shortfall, or

(b) the amount of the weekly rate of the Category B retirement pension.

(3) This section does not apply in any case where both parties to the marriage attained pensionable age before 6th April 1979”, and section 53 of that Act (special provision for married women) is omitted.

(7) In section 52 of that Act (special provision for surviving spouses), for subsection (1)(b) there is substituted—

“(b) to a Category B retirement pension by virtue of the contributions of a spouse who has died”.

F23 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In section 60 of that Act (complete or partial failure to satisfy contribution conditions)—

(a) in subsection (2), for “him” (in paragraph (b)) there is substituted “ the employed earner ” and for “his widow’s entitlement” there is substituted “ the entitlement of the employed earner’s widow or widower ”, and

(b) for subsection (3)(d) there is substituted—

“(d) a Category B retirement pension payable by virtue of section 48B above”.

F24 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) In Schedule 4 to that Act (rates of benefit, etc.), in paragraph 5 of Part I, for “section 50(1)(a)(i)” there is substituted “ section 48A(3) ”.

(12) In Schedule 5 to that Act (increased pension where entitlement deferred), in paragraph 2(5)(a), for “5 or 6” there is substituted “ 5, 5A or 6 ”.

F25 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) For paragraphs 5 and 6 of that Schedule there is substituted—

“5 (1) Where—

(a) a widow or widower (call that person “W”) is entitled to a Category A or Category B retirement pension and was married to the other party to the marriage (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—

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

(b) where W is a widower, an amount equal to the sum of the amounts set out in paragraph 6(2), (3) or (4) below (as the case may be).

5A (1) This paragraph applies where W (referred to in paragraph 5 above) is a widow.

(2) Where the husband dies before 6th April 2000, the amounts referred to in paragraph 5(2)(a) above are the following—

(a) an amount equal to one-half of the increase mentioned in paragraph 5(1)(b) above,

(b) the appropriate amount, and

(c) an amount equal to any increase to which the husband had been entitled under paragraph 5 above.

(3) Where the husband dies after 5th April 2000, the amounts referred to in paragraph 5(2)(a) above are the following—

(a) one-half of the appropriate amount after it has been reduced by the amount of any increases under section 109 of the Pensions Act, and

(b) one-half of any increase to which the husband had been entitled under paragraph 5 above.

6 (1) This paragraph applies where W (referred to in paragraph 5 above) is a widower.

(2) Where the wife dies before 6th April 1989, the amounts referred to in paragraph 5(2)(b) above are the following—

(a) an amount equal to the increase mentioned in paragraph 5(1)(b) above,

(b) the appropriate amount, and

(c) an amount equal to any increase to which the wife had been entitled under paragraph 5 above.

(3) Where the wife dies after 5th April 1989 but before 6th April 2000, the amounts referred to in paragraph 5(2)(b) above are the following—

(a) the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,

(b) one-half of that increase, so far as attributable to employment after 5th April 1988,

(c) the appropriate amount reduced by the amount of any increases under section 109 of the Pensions Act, and

(d) any increase to which the wife had been entitled under paragraph 5 above.

(4) Where the wife dies after 5th April 2000, the amounts referred to in paragraph 5(2)(b) above are the following—

(a) one-half of the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,

(b) one-half of the appropriate amount after it has been reduced by the amount of any increases under section 109 of the Pensions Act, and

(c) one-half of any increase to which the wife had been entitled under paragraph 5 above”.

(16) Paragraph 5(1) of that Schedule (inserted by sub-paragraph (15) above) shall have effect, where W is a man who attained pensionable age before 6th April 2010, as if paragraph (a) also required him to have been over pensionable age when S died.

(17) In paragraph 7 of that Schedule—

(a) in sub-paragraph (1), for “paragraphs 5 and 6” there is substituted “ paragraphs 5 to 6 ”, and

(b) in sub-paragraph (2), for “paragraph 5 or 6” there is substituted “ paragraph 5, 5A or 6 ”.

F27 (18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Sch. 4 para. 21(8) repealed (6.4.2010) by Pensions Act 2007 (c. 22), s. 27(4)(a), Sch. 7 Pt. 1

F24 Sch. 4 para. 21(10) repealed (26.9.2007) by Pensions Act 2007 (c. 22), s. 27(3)(a), Sch. 7 Pt. 2 (with s. 4(5))

F25 Sch. 4 para. 21(13) repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13; S.I. 2005/275, art. 2(7), Sch. Pt. 7

F26 Sch. 4 para. 21(14) repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(4), Sch. 13

F27 Sch. 4 para. 21(18) repealed (6.4.2010) by Pensions Act 2007 (c. 22), s. 27(4)(a), Sch. 7 Pt. 1

Marginal Citations

M15 1992 c. 4.

22 U.K. In section 46 of the M16 Pension Schemes Act 1993 (effect of entitlement to guaranteed minimum pension on payment of benefits), in subsection (6)(b)(iii), for “section 49” there is substituted “ section 48A or 48B ”.

Marginal Citations

M16 1993 c. 48.