SCHEDULES
SCHEDULE 6

Reduced rate elections: effect on rate of section 4 pension
Section 11

Introduction
1
This Schedule modifies the rules about the transitional rate of the state pension for a woman if a reduced rate election was in force in respect of her at the beginning of the relevant 35-year period (and expressions used in this paragraph have the same meaning as in section 11).

Increased transitional rate for woman married to person over pensionable age etc
2
1
This paragraph applies to the woman if on reaching pensionable age—
a
she is married to a person who has reached pensionable age, or
b
she is in a civil partnership with a person who has reached that age.
2
The transitional rate of the state pension for the woman is—
a
the rate determined for her under section 5, or
b
if higher, a weekly rate equal to the modified amount for her pre-commencement qualifying years alone.
3
The modified amount for the woman's pre-commencement qualifying years alone is the amount that would be calculated under Schedule 1 for her pre-commencement qualifying years alone if the basic pension in any Category A retirement pension calculated for her for the purposes of paragraph 3 of that Schedule were equal to the basic Category B amount.
4
“The basic Category B amount” is the amount specified in paragraph 5 of Part 1 of Schedule 4 to the Contributions and Benefits Act on 6 April 2016.
5
To find out what happens if the marriage or civil partnership comes to an end, see paragraph 4.

Increased transitional rate for widows or divorcees etc
3
1
This paragraph applies to the woman if on reaching pensionable age she is not married or in a civil partnership but she has been married or in a civil partnership before.
2
The transitional rate of the state pension for the woman is—
a
the rate determined for her under section 5, or
b
if higher, a weekly rate equal to the modified amount for her pre-commencement qualifying years alone.
3
The modified amount for the woman's pre-commencement qualifying years alone is the amount that would be calculated under Schedule 1 for her pre-commencement qualifying years alone if the basic pension in any Category A retirement pension calculated for her for the purposes of paragraph 3 of that Schedule were equal to the full amount of the basic pension.
4
“The full amount of the basic pension” is the amount of the basic pension specified in section 44(4) of the Contributions and Benefits Act on 6 April 2016.

Recalculation of transitional rate where circumstances change
4
1
If the woman is married or in a civil partnership on reaching pensionable age but the marriage or civil partnership comes to an end (because of the death of her spouse or civil partner or otherwise)—
a
her transitional rate is to be recalculated applying paragraph 3(2), and
b
Schedule 2 (up-rating) applies as if the recalculated rate had been the woman's transitional rate on the day on which she reached pensionable age.
2
For the purposes of this paragraph—
a
a civil partnership is not to be treated as having come to an end by reason of its having been converted into a marriage under Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020;
b
a civil partnership is not to be treated as having come to an end by reason of its having been converted into a marriage under Part 3 or 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 where it is a convertible Northern Ireland civil partnership as defined by regulation 2 of those Regulations.
3
For the purposes of this paragraph, a marriage is not to be treated as having come to an end by reason of its having been converted into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020.
5
1
If neither of paragraphs 2 and 3 apply to the woman but she subsequently comes within paragraph (a) or (b) of paragraph 2(1)—
a
her transitional rate is to be recalculated applying paragraph 2(2), and
b
Schedule 2 (up-rating) applies as if the recalculated rate had been the woman's transitional rate on the day on which she reached pensionable age.
2
But the woman's rate is not to be recalculated under sub-paragraph (1) if it has already been recalculated under paragraph 4.
6
Nothing in paragraph 4 or 5 affects—
a
the amount of state pension to which a woman is entitled for periods before that paragraph applies to her, or
b
the amount of any increase under section 17 in a case where the period for which the woman's state pension is deferred has ended before that paragraph applies to her.
Sch. 6 para. 5 in force at 6.4.2016, see s. 56(1)(4)
Sch. 6 para. 4 renumbered as Sch. 6 para. 4(1) (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 47(a)
Sch. 6 para. 6 in force at 6.4.2016, see s. 56(1)(4)
Sch. 6 para. 1 in force at 6.4.2016, see s. 56(1)(4)
Sch. 6 para. 4(2)(3) inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 47(b)
Sch. 6 para. 3 in force at 6.4.2016, see s. 56(1)(4)
Sch. 6 para. 2 in force at 6.4.2016, see s. 56(1)(4)
Sch. 6 para. 4 in force at 6.4.2016, see s. 56(1)(4)