Amendment of the Social Security (Maximum Additional Pension) Regulations 2010

33.—(1) The Social Security (Maximum Additional Pension) Regulations 2010(1) are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “applicable limit” insert—

““relevant day” means the day on which the survivor would, but for section 43 (persons entitled to more than one retirement pension), have become entitled to both—

(a)

a Category A retirement pension; and

(b)

a Category B retirement pension by virtue of the contributions of a spouse or civil partner who has died,

or would have become so entitled if the survivor’s entitlement to a Category A or Category B retirement pension had not been deferred;.”.

(3) In regulation 3 (prescribed maximum additional pension)—

(a)before paragraph (1), insert—

“(A1) This regulation applies to a survivor whose relevant day is before 6th April 2016.”;

(b)in paragraph (1)(a), for “the day specified in paragraph (2)” substitute “the survivor’s relevant day”; and

(c)omit paragraph (2).

(4) After regulation 3, insert—

“Prescribed maximum additional pension for survivors who become entitled on or after 6th April 2016

3A.—(1) This regulation applies to a survivor whose relevant day is on or after 6th April 2016.

(2) For the purposes of section 52(3), the maximum  additional  pension  shall be £165.60.”.