Social Security Contributions and Benefits (Northern Ireland) Act 1992

[F148BB Category B retirement pension: entitlement by reference to benefits under section 39A or 39B.N.I.

(1)Subsection (2) below applies where a person (“the pensioner”) [F2who attained pensionable age before 6 April 2016]—

(a)was, immediately before attaining that age, entitled to a widowed parent’s allowance in consequence of the death of his or her spouse [F3or civil partner]; and

(b)has not [F4following that death married or formed a civil partnership].

(2)The pensioner shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse [F3or civil partner], which shall be payable at the same weekly rate as the widowed parent’s allowance.

(3)Subsections (4) to (10) below apply where a person (“the pensioner”) [F5who attained pensionable age before 6 April 2016]—

(a)was in consequence of the death of his or her spouse [F3or civil partner] either—

(i)entitled to a bereavement allowance [F6under section 39B (before that section was repealed)] at any time prior to attaining that age, or

(ii)entitled to a widowed parent’s allowance at any time when over the age of 45 (but not immediately before attaining pensionable age); and

(b)has not [F7following that death married or formed a civil partnership].

(4)The pensioner shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse [F3or civil partner].

(5)A Category B retirement pension payable by virtue of subsection (4) above shall be payable at a weekly rate corresponding to the weekly rate of the additional pension determined in accordance with the provisions of sections 44 to [F845AA] [F9and 45B] above [F10and [F11Schedules 4A and 4B] to this Act] as they apply in relation to a Category A retirement pension, but [F12subject to section [F1346] above and to the following provisions of this section and the modification in section 48C(4) below.]

(6)Where the spouse [F3or civil partner] died under pensionable age, references in the provisions of sections 44 to [F1445AA] [F15and 45B] above [F10and Schedule 4A to this Act], as applied by subsection (5) 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 [F3or civil partner] died.

(7)Where the spouse [F3or civil partner] dies after [F165th October 2002], the pension payable by virtue of subsection (4) above shall (before making any reduction required by subsection (8) below) be one half of the amount which it would be apart from this subsection.

(8)Where the pensioner was under the age of 55 at the relevant time, the weekly rate of the pension shall be reduced by 7 per cent. of what it would be apart from this subsection multiplied—

(a)by the number of years by which the pensioner’s age at that time was less than 55 (any fraction of a year being counted as a year), or

(b)by ten, if that number exceeds ten.

(9)In subsection (8) above “the relevant time” means—

(a)where the pensioner became entitled to a widowed parent’s allowance in consequence of the death of the spouse [F3or civil partner], the time when the pensioner’s entitlement to that allowance ended; and

(b)otherwise, the time of the spouse’s [F17or civil partner's] death.

(10)The amount determined in accordance with subsections (5) to (9) above as the weekly rate of the pension payable to the pensioner by virtue of subsection (4) above shall be increased by such percentage as equals the overall percentage by which, had the pension been in payment as from the date of the spouse’s [F17or civil partner's] death until the date when the pensioner attained pensionable age, that weekly rate would have been increased during that period by virtue of any orders under section 132 of the Administration Act (annual up-rating of benefits).]

Textual Amendments

F1S. 48BB inserted (24.4.2000 for specified purposes and 9.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 53; S.R. 2000/133, art. 2(3)(a), Sch. Pt. I

F8Figure in s. 48BB(5) substituted (3.1.2012 with retrospective effect in accordance with Sch. 3 para. 5(2)-(5) to the amending Act) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), s. 118(1), Sch. 3 para. 9(2)(a) (with s. 73); S.R. 2011/441, art. 2(c)(xi)

F10Words in s. 48BB(5)(6) inserted (8.1.2001, 1.2.2001 for specified purposes and 6.4.2002 otherwise) by 2000 c. 4 (N.I.), s. 33(11); S.R. 2000/358, art. 2(e), Sch. Pt. IV (as amended by S.R. 2000/374, art. 3); S.R. 2001/34, art. 2(a)

F14Figure in s. 48BB(6) substituted (3.1.2012 with retrospective effect in accordance with Sch. 3 para. 5(2)-(5) to the amending Act) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), s. 118(1), Sch. 3 para. 9(3)(a) (with s. 73); S.R. 2011/441, art. 2(c)(xi)

F16Words in s. 48BB(7) substituted (retrospectively) by virtue of 2000 c. 4 (N.I.), s. 35(1)(a)(2)(b)

Modifications etc. (not altering text)

C1S. 48BB modified (6.10.2002) by S.R. 2001/441, art. 2

C2S. 48BB(1)(3) modified (6.4.2016) in accordance with Pensions Act (Northern Ireland) 2015 (c. 5 (N.I.)), ss. 8(1)(e), 9, 53(3), Sch. 5 (with s. 8(9)(b))