Part II

Contributory Benefits

Retirement pensions (Categories A and B)

Special provision for married people.
51A
1
This section has effect where, apart from section 43(1) above, a married person
or civil partner
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
or civil partnership
.
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
Pts. 1, 6 modified (6.4.2001) by S.I. 2001/1004, regs. 1(1), 113, 114(2) (with reg. 138)
S. 51A inserted (19.7.1995) by Pensions Act 1995 (c. 26), s. 180(2)(a), Sch. 4 para. 21(6)
Pt. 2 modified (E.W.S.) (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 49, 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV
Words in s. 51A(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 29(a); S.I. 2005/3175, art. 2(1), Sch. 1
Words in s. 51A(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 29(b); S.I. 2005/3175, art. 2(1), Sch. 1
Pt. 2: power to modify conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(1)(2)(6)(h), 89(4)(a) (with s. 52(7))