|
|
Amendment to Part 2 of Principal Act.
|
17.— (1) Section 39(1) (amended by section 10(a) of the Act of 2007) of the Principal Act is amended by substituting the following paragraph for paragraph (n):
|
|
| |
“(n) widowed or surviving civil partner grant (paid by virtue of receipt of a benefit under Part 2).”.
|
|
| |
(2) Section 81 of the Principal Act is amended by—
|
|
| |
(a) substituting the following subsection for subsection (1):
|
|
| |
“(1) Death benefit shall be payable to the widow, widower or surviving civil partner of the deceased.”,
|
|
| |
(b) substituting the following subsection for subsection (3):
|
|
| |
“(3) A pension under subsection (2) shall not be payable for any period after the marriage or remarriage of the beneficiary or the entry by the beneficiary into a civil partnership or a new civil partnership.”,
|
|
| |
and
|
|
| |
(c) in subsection (4), by substituting “he or she is a cohabitant” for “he or she and any person are cohabiting as husband and wife”.
|
|
| |
(3) The Principal Act is amended in section 123—
|
|
| |
(a) by inserting the following definition:
|
|
| |
“ ‘civil partner’, in relation to a surviving civil partner who has been party to a civil partnership more than once, refers only to the surviving civil partner’s last civil partner and for this purpose that last civil partner shall be read as including a party to a civil partnership that has been dissolved, being a dissolution that is recognised as valid in the State;”,
|
|
| |
(b) by substituting the following definition for the definition of “pension”:
|
|
| |
“ ‘pension’ means a widow’s (contributory) pension in the case of a widow, a widower’s (contributory) pension in the case of a widower and a surviving civil partner’s (contributory) pension in the case of a surviving civil partner;”,
|
|
| |
(c) by substituting the following definition for the definition of “relevant time”:
|
|
| |
“ ‘relevant time’ means—
|
|
| |
(a) where the contribution conditions are being satisfied on the widow’s, widower’s or surviving civil partner’s insurance record—
|
|
| |
(i) the date of the spouse’s or civil partner’s death, or
|
|
| |
(ii) where the widow, widower or surviving civil partner attained pensionable age before the date of the spouse’s or civil partner’s death, the date on which he or she attained that age,
|
|
| |
or
|
|
| |
(b) where the contribution conditions are being satisfied on the deceased spouse’s or deceased civil partner’s insurance record—
|
|
| |
(i) the date on which the spouse or civil partner attained pensionable age, or
|
|
| |
(ii) where the spouse or civil partner died before attaining pensionable age, the date of his or her death;”,
|
|
| |
and
|
|
| |
(c) in the definition of “yearly average”, by substituting “widow, widower, deceased spouse, surviving civil partner or deceased civil partner” for “widow, widower or deceased spouse”.
|
|
| |
(4) The Principal Act is amended by substituting the following section for section 124 (amended by section 17 and Schedule 3 of the Act of 2006):
|
|
| |
“Entitlement to pension.
|
|
| |
124.— (1) Subject to this Act, a widow, widower or surviving civil partner shall be entitled to a pension—
|
|
| |
(a) where the contribution conditions set out in section 125 are satisfied on either the insurance record of the widow, widower or surviving civil partner or that of his or her deceased spouse or deceased civil partner,
|
|
| |
(b) where the widow’s or widower’s spouse or surviving civil partner’s civil partner was entitled to a State pension (contributory) or a State pension (transition) which included an increase in respect of him or her by virtue of section 112(1) or 117(1) in respect of a period ending on the spouse’s or civil partner’s death, or
|
|
| |
(c) where his or her spouse or civil partner would have been entitled to a State pension (contributory) or a State pension (transition) at an increased weekly rate by virtue of section 112(1) or 117(1), but for the receipt by that widow, widower or surviving civil partner of a State pension (non-contributory), a blind pension or a carer’s allowance in his or her own right, in respect of a period ending on his or her death.
|
|
| |
(2) A pension shall not be payable to a widow or widower or surviving civil partner for any period after his or her marriage or remarriage, or his or her entry into a civil partnership or a new civil partnership.
|
|
| |
(3) A widow, widower or surviving civil partner shall be disqualified for receiving a pension if and so long as he or she is a cohabitant.
|
|
| |
(4) A person who, having ceased to be entitled to a pension by virtue of that person’s marriage or remarriage, or his or her entry into a civil partnership or a new civil partnership shall, on again becoming a widow, widower or surviving civil partner, be entitled to a pension at the rate which would have been payable had the person not married, remarried, entered into a civil partnership or a new civil partnership where the person—
|
|
| |
(a) fails to satisfy the conditions set out in subsection (1), or
|
|
| |
(b) on satisfying the conditions set out in subsection (1), is entitled to a pension at a rate below that which would have been payable had the person not married, or remarried or not entered into a civil partnership or a new civil partnership.”.
|
|
| |
(5) Section 125(1) of the Principal Act is amended by substituting the following subsection for subsection (1):
|
|
| |
“(1) The contribution conditions for pension are—
|
|
| |
(a) that the widow, widower or surviving civil partner has qualifying contributions in respect of not less than 156 contribution weeks in the period beginning with his or her entry into insurance and ending immediately before the relevant time, and
|
|
| |
(b) that, where at the relevant time, 4 years or longer has elapsed since the widow’s, widower’s or surviving civil partner’s entry into insurance—
|
|
| |
(i) the yearly average for the 3 contribution years, or (where warranted by his or her insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or
|
|
| |
(ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his or her entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48,
|
|
| |
but, where those conditions are not satisfied on the widow’s, widower’s or surviving civil partner’s insurance record, they may be satisfied on his or her deceased spouse’s or deceased civil partner’s insurance record (the widow’s, widower’s or surviving civil partner’s insurance record being disregarded).”.
|
|
| |
(6) Section 134 (amended by section 4 and Schedule 1 of the Act of 2006) of the Principal Act is amended—
|
|
| |
(a) in subsection (1)(b) by substituting the following subparagraph for subparagraph (iii):
|
|
| |
“(iii) the widow, widower or surviving civil partner of a deceased insured person, or”,
|
|
| |
and
|
|
| |
(b) in subsection (3), in the definition of “pensioner”—
|
|
| |
(i) in paragraph (e), by deleting “or”,
|
|
| |
(ii) in paragraph (f) by inserting “or” after “benefit”, and
|
|
| |
(iii) by inserting the following paragraph after paragraph (f):
|
|
| |
“(g) surviving civil partner’s (contributory) pension”,
|
|
| |
and
|
|
| |
(iv) by substituting “a surviving civil partner’s (non-contributory) pension or a carer’s allowance at a higher rate” for “or a carer’s allowance at a higher rate”.
|
