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The Social Security (Inherited SERPS) Regulations 2001

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Explanatory Note

(This note is note part of the Regulations)

These Regulations are made under section 52(2) of the Welfare Reform and Pensions Act 1999 and are subject to the affirmative resolution procedure.

The regulations provide for an increase in the rate of the additional pension under the State Earnings Related Pension Scheme (SERPS) to which persons of a specified description would otherwise be entitled under or by virtue of certain provisions of Part II of the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) in the event that they are widowed on or after 6th October 2002 which is the date on which the maximum amount of the additional pension which may be inherited by a surviving spouse under SERPS is reduced from 100% to 50% by virtue of provision made in section 39(1) of the Child Support, Pensions and Social Security Act 2000.

Regulation 1 provides for citation, commencement and interpretation.

Regulation 2 and the Schedule modify certain provisions of Part II of the 1992 Act by increasing the rate of the additional pension, or of any constituent element of an increase in that pension, which would otherwise be payable to persons of a specified description under or by virtue of those provisions in the event that they are widowed on or after 6th October 2002.

These Regulations do not impose any costs on business.

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