Part 1State pension
Abolition of adult dependency increases
4Category A and C retirement pensions: abolition of adult dependency increases
1
The following provisions of the SSCBA are to cease to have effect on 6th April 2010—
a
section 83 (pension increase: wife),
b
section 84 (pension increase: husband), and
c
section 85 (pension increase: person with care of children or qualifying young persons).
2
Paragraph 2 of Part 2 of Schedule 4 to the Pensions Act 1995 (c. 26) (which replaces sections 83 and 84 of the SSCBA with a new section 83A equalising pension increases for dependent spouses and civil partners with effect from 6th April 2010) is omitted.
3
Part 4 of Schedule 1 contains consequential amendments.
4
The amendments made by that Part of that Schedule have effect as from 6th April 2010.
5
Nothing in—
a
the repeals in subsection (1),
b
the amendments in Part 4 of Schedule 1, or
c
the repeals in Part 2 of Schedule 7,
applies in relation to a qualifying person at any time falling on or after 6th April 2010 but before the appropriate date.
6
In subsection (5) a “qualifying person” means a person who—
a
has, before 6th April 2010, made a claim for a relevant increase in accordance with section 1 of the Administration Act; and
b
immediately before that date is either—
i
entitled to the increase claimed, or
ii
a beneficiary to whom section 92 of the SSCBA (continuation of awards where fluctuating earnings) applies in respect of that increase.
7
In subsection (5) “the appropriate date” means the earlier (or earliest) of—
a
6th April 2020;
b
the date when the qualifying person ceases to be either entitled to the relevant increase or a beneficiary to whom section 92 of the SSCBA applies in respect of it;
c
where the relevant increase is payable to the qualifying person under section 83 of that Act, the date on which his wife attains pensionable age.
8
In this section “relevant increase” means an increase in a Category A or Category C retirement pension under section 83, 84 or 85 of the SSCBA.