Part II N.I. Contributory Benefits

Modifications etc. (not altering text)

C1 Pt. II (ss. 20-62) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).

C2 Pt. II (ss. 20-62): power to apply conferred (1.7.1992) by Social Security Administration (Northern Ireland) Act 1992 (c. 8), ss. 161, 168(4), Sch. 6 para. 1(3)(a).

C3 Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)

C4 Pt. II modified (temp. from 1.12.1999 to 5.10.2002) by S.I. 1999/3147 (N.I. 11), art. 49(7)(a) (the temp. modification lapsing on the coming into operation of S.R. 2001/441, which modifies specified provisions of Pt. II, on 6.10.2002)

Retirement pensions (Categories A and B) N.I.

51 Category B retirement pension for widowers. N.I.

(1) A man shall be entitled to a Category B retirement pension if—

(a) he has had a wife and she has died on or after 6th April 1979, and he was married to her when she died; and

(b) they were both over pensionable age when she died; and

(c) before her death she satisfied the contribution conditions for a Category A retirement pension in Schedule 3, Part I, paragraph 5.

[F1 (1A)A civil partner shall be entitled to a Category B retirement pension if—

(a) his or her civil partner has died and they were civil partners of 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 civil partner satisfied the contribution conditions for a Category A retirement pension in Schedule 3, Part 1, paragraph 5.]

(2) The weekly rate of a [F2 person's] Category B retirement pension under this section shall, subject to subsection (3) below, be determined in accordance with the provisions of [F3 sections 44 to [F4 45]] above [F5 and Schedule 4A to this Act] as they apply in the case of a Category A retirement pension, taking references in those sections to the pensioner as references to the wife [F6 or deceased civil partner].

(3) In the case of a widower whose wife dies after [F7 5th October 2002] [F8 or a surviving civil partner], the additional pension falling to be calculated under [F3 sections 44 to [F4 45]] above [F5 and Schedule 4A to this Act] by virtue of subsection (2) above shall be one half of the amount which it would be apart from this subsection.

(4) Subject to the provisions of this Act, a [F9 person] shall become entitled to a Category B retirement pension [F10 under this section] on the day on which the conditions of entitlement become satisfied in his case and his entitlement shall continue throughout his life.

Textual Amendments

F1 S. 51(1A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 82(2)(6); S.I. 2005/3255, art. 2(1), Sch.

F2 Word in s. 51(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 82(3)(a)(6); S.I. 2005/3255, art. 2(1), Sch.

F3 Words in s. 51(2)(3) substituted (16.12.1995 subject to Sch. 2 of the amending S.I.) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 124(2)-(5)

F4 Word in s. 51(2)(3) substituted (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 3 para. 44; S.I. 2003/962, art. 2(3)(d)(iii)

F5 Words in s. 51(2)(3) inserted (8.1.2001, 1.2.2001 for specified purposes and 6.4.2002 otherwise) by 2000 c. 4 (N.I.), s. 33(13); 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)

F6 Words in s. 51(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 82(3)(b)(6); S.I. 2005/3255, art. 2(1), Sch.

F7 Words in s. 51(3) substituted (retrospectively) by virtue of 2000 c. 4 (N.I.), s. 35(1)(a)(2)(b)

F8 Words in s. 51(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 82(4)(6); S.I. 2005/3255, art. 2(1), Sch.

F9 Word in s. 51(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 82(5)(a)(6); S.I. 2005/3255, art. 2(1), Sch.

F10 Words in s. 51(4) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 82(5)(b)(6); S.I. 2005/3255, art. 2(1), Sch.

Modifications etc. (not altering text)

C5 S. 51 restricted (16.12.1995 subject to Sch. 2 of the amending S.I.) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 123, Sch. 2 Pt. II para. 3(3)

C6 S. 51 modified (6.10.2002) by S.R. 2001/441, art. 2