Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Social Security (Inherited SERPS) Regulations 2001 and shall come into force on 6th October 2002.

(2) In these Regulations—

• ^M3 “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;

• “additional pension” means an additional pension derived from contributions or earnings factors in any tax year beginning after 5th April 1978 and ending before the beginning of the tax year beginning 6th April 2002 [^F1 and an additional pension attributable to units of additional pension (within the meaning of section 14A of the Contributions and Benefits Act) ^F1] ; and

• ^M4 “pensionable age” has the meaning given by the rules in Part I of Schedule 4 to the Pensions Act 1995 .

Modification of Part II of the Contributions and Benefits Act

2. —(1) Where, on or after 6th October 2002, a person becomes widowed [^F2 or a surviving civil partner ^F2] and entitled to a widowed parent’s allowance or a Category B retirement pension under Part II of the Contributions and Benefits Act by virtue of being a [^F3 widow or widower ^F3][^F3 widow, widower or surviving civil partner ^F3] then, provided that the deceased spouse [^F4 or civil partner ^F4] of that person attained pensionable age before 6th October 2002, any provision of that Part which is listed in paragraph (3) of this regulation shall have effect so that the rate of the additional pension in that pension or allowance, or of any constitutent element of an increase in that additional pension, which would, but for this paragraph, be payable to that person under or by virtue of that provision shall be increased by 100 per cent.

(2) Where, on or after 6th October 2002, a person becomes a person of a description specified in Column 1 of the Schedule to these Regulations and entitled to a widowed parent’s allowance or a Category B retirement pension under Part II of the Contributions and Benefits Act by virtue of being a [^F5 widow or widower ^F5][^F5 widow, widower or surviving civil partner ^F5] , any provision of that Part which is listed in paragraph (3) of this regulation shall have effect so that the rate of the additional pension in that pension or allowance, or of any constituent element of an increase in that additional pension, which would, but for this paragraph, be payable to a person of that description under or by virtue of that provision shall be increased by the percentage specified in Column 2 of that Schedule.

(3) The provisions of Part II of the Contributions and Benefits Act referred to in paragraphs (1) and (2) of this regulation are as follows:

(a) ^F6,M5,F7 section 39C (rate of widowed parent’s allowance ...) ...;

^F8 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) ^M6 section 48B (Category B retirement pension for widows and widowers) ;

(d) ^M7 section 48BB (Category B retirement pension: entitlement by reference to benefits under section 39A or 39B) ;

(e) ^M8 section 51 ( [^F9 Category B retirement pension for widows, widowers and surviving civil partners who attained pensionable age before 6th April 2010 ^F9] ) ; and

(f) ^M9 paragraphs 4 to 7 of Schedule 5 (increase of pension where pensioner’s deceased spouse [^F10 or civil partner ^F10] has deferred entitlement) .

[^F11 (4) Where, on or after 6th April 2006, a person becomes a person of a description specified in Column 1 of the Schedule to these Regulations and entitled to a widowed person’s [^F12 or surviving civil partner's ^F12] lump sum under paragraph 7A of Schedule 5 to the Contributions and Benefits Act, paragraph 7B(3) of Schedule 5 to that Act shall have effect so that the half of the additional pension specified in paragraph (b) of the definition of “P” is increased by the percentage specified in Column 2 of the Schedule to these Regulations. ^F11]

[^F15 Regulation2(2) ^F15][^F15 Regulation 2(2) and (4) ^F15]

SCHEDULE INCREASES IN ADDITIONAL PENSION OF PERSONS OF A SPECIFIED DESCRIPTION [^F13 AND IN THE PROPORTION OF ADDITIONAL PENSION USED IN THE CALCULATION OF A WIDOWED PERSON'S [^F14 OR SURVIVING CIVIL PARTNERS'S ^F14] LUMP SUM PAYABLE TO SUCH PERSONS ^F13]