SCHEDULES

C1C2 SCHEDULE 5F1PENSION INCREASE OR LUMP SUM WHERE ENTITLEMENT TO RETIREMENT PENSION IS DEFERRED

Annotations:
Amendments (Textual)
F1

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)
C2

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 2024 (S.I. 2024/242), arts. 1(3)(c), 4(3)

Increase of pension where pensioner’s deceased spouse F2or civil partner has deferred entitlement

Annotations:
Amendments (Textual)

F37ZA

1

This paragraph modifies paragraphs 5A to 6A in cases where—

a

W became entitled to a Category A or Category B retirement pension before 6 April 2012, and

b

S died before 6 April 2012.

(“W” and “S” have the same meaning as in paragraph 5.)

2

Paragraph 5A applies as if—

a

in sub-paragraph (2), after paragraph (a), there were inserted—

b

the appropriate amount; and

b

in sub-paragraph (3), after “following—”, there were inserted—

a

one half of the appropriate amount; and

3

Paragraph 6 applies as if—

a

in sub-paragraph (2), after paragraph (a), there were inserted—

b

the appropriate amount; and

b

in sub-paragraph (3), after paragraph (b), there were inserted—

c

the appropriate amount reduced by the amount of any increases under section 109 of the Pensions Act; and

c

in sub-paragraph (4), after paragraph (a), there were inserted—

b

one half of the appropriate amount; and

4

Paragraph 6A applies as if in sub-paragraph (2), after paragraph (a), there were inserted—

b

one half of the appropriate amount; and

5

In paragraphs 5A to 6A as modified by this paragraph, the “appropriate amount” means the greater of—

a

the amount by which the deceased person's Category A or Category B retirement pension had been increased under section 150(1)(e) of the Administration Act; or

b

the amount by which his or her Category A or Category B retirement pension would have been so increased had he or she died immediately before the surviving spouse or civil partner became entitled to a Category A or Category B retirement pension.

6

In sub-paragraph (1)(a) the reference to becoming entitled to a pension before 6 April 2012 includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day.