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Statutory Instruments

2001 No. 1085

SOCIAL SECURITY

The Social Security (Inherited SERPS) Regulations 2001

Made

20th March 2001

Coming into force

6th October 2002

M1 Whereas a draft of this Instrument was laid before Parliament in accordance with the provisions of section 52(8) of the Welfare Reform and Pensions Act 1999 and approved by resolution of each House of Parliament:

M2 Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred on him by sections 52(1), (2) and (9) and 83(1) and (6) of that Act , and of all other powers enabling him in that behalf, hereby make the following Regulations:

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—

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,F7section 39C (rate of widowed parent’s allowance ...) ...;

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

(c) M6section 48B (Category B retirement pension for widows and widowers) ;

(d) M7section 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]

Signed by authority of the Secretary of State for Social Security.

Jeff Rooker

Minister of State,

Department of Social Security

[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]

Column1 Column 2
Description of person Percentage increase
A person who is the [F16 widow or widower F16][F16 widow, widower or surviving civil partner F16] of a person who attained pensionable age on or after 6th October 2002 but before 6th October 2004 or who would have, but for their death, attained pensionable age during that period. 80%
A person who is the [F16 widow or widower F16][F16 widow, widower or surviving civil partner F16] of a person who attained pensionable age on or after 6th October 2004 but before 6th October 2006 or who would have, but for their death, attained pensionable age during that period. 60%
A person who is the [F16 widow or widower F16][F16 widow, widower or surviving civil partner F16] of a person who attained pensionable age on or after 6th October 2006 but before 6th October 2008 or who would have, but for their death, attained pensionable age during that period. 40%
A person who is the [F16 widow or widower F16][F16 widow, widower or surviving civil partner F16] of a person who attained pensionable age on or after 6th October 2008 but before 6th October 2010 or who would have, but for their death, attained pensionable age during that period. 20%
Status: There are currently no known outstanding effects for the The Social Security (Inherited SERPS) Regulations 2001.
The Social Security (Inherited SERPS) Regulations 2001 (2001/1085)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in reg. 1(2) inserted (12.10.2015) by The Pensions Act 2014 (Consequential Amendments) (Units of Additional Pension) Order 2014 (S.I. 2014/3213) , arts. 1(2) , 5inserted
F2Words in reg. 2(1) inserted (E.W.S.) (5.12.2005) by The Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations 2005 (S.I. 2005/3030) , regs. 1 , 2(2)(a)(i)inserted: England, Wales and Scotlandinserted
F3Words in reg. 2(1) substituted (E.W.S.) (5.12.2005) by The Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations 2005 (S.I. 2005/3030) , regs. 1 , 2(2)(a)(ii)substituted: England, Wales and Scotlandsubstituted
F4Words in reg. 2(1) inserted (E.W.S.) (5.12.2005) by The Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations 2005 (S.I. 2005/3030) , regs. 1 , 2(2)(a)(iii)inserted: England, Wales and Scotlandinserted
F5Words in reg. 2(2) substituted (E.W.S.) (5.12.2005) by The Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations 2005 (S.I. 2005/3030) , regs. 1 , 2(2)(b)substituted: England, Wales and Scotlandsubstituted
F6Words in reg. 2(3)(a) omitted (6.4.2017 coming into force in accordance with art. 1-3) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422) , arts. 1(2) , 19(a)this amendment (omitted text) is marked as yet to come into force, see the commentary.omitted
F7Words in reg. 2(3)(a) omitted (6.4.2017 coming into force in accordance with art. 1-3) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422) , arts. 1(2) , 19(b)this amendment (omitted text) is marked as yet to come into force, see the commentary.omitted
F8Reg. 2(3)(b) omitted (6.4.2016 coming into force in accordance with art. 1(2)(b)) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985) , arts. 1(2)(b) , 22(a)this amendment (omitted text) is marked as yet to come into force, see the commentary.omitted
F9Words in reg. 2(3)(e) substituted (6.4.2016 coming into force in accordance with art. 1(2)(b)) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985) , arts. 1(2)(b) , 22(b)this amendment (substituted text) is marked as yet to come into force, see the commentary.substituted
F10Words in reg. 2(3)(f) inserted (E.W.S.) (5.12.2005) by The Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations 2005 (S.I. 2005/3030) , regs. 1 , 2(2)(c)inserted: England, Wales and Scotlandinserted
F11Reg. 2(4) added (E.W.S.) (6.4.2005) by The Social Security (Inherited SERPS) (Amendment) Regulations 2005 (S.I. 2005/811) , regs. 1 , 2(a)added: England, Wales and Scotlandadded
F12Words in reg. 2(4) inserted (E.W.S.) (5.12.2005) by The Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations 2005 (S.I. 2005/3030) , regs. 1 , 2(2)(d)inserted: England, Wales and Scotlandinserted
F13Words in heading to Sch. added (E.W.S.) (6.4.2005) by The Social Security (Inherited SERPS) (Amendment) Regulations 2005 (S.I. 2005/811) , regs. 1 , 2(c)added: England, Wales and Scotlandadded
F14Words in heading to Sch. inserted (E.W.S.) (5.12.2005) by The Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations 2005 (S.I. 2005/3030) , regs. 1 , 2(3)(a)inserted: England, Wales and Scotlandinserted
F15Words in Sch. substituted (E.W.S.) (6.4.2005) by The Social Security (Inherited SERPS) (Amendment) Regulations 2005 (S.I. 2005/811) , regs. 1 , 2(b)substituted: England, Wales and Scotlandsubstituted
F16Words in Sch. substituted (5.12.2005) by The Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations 2005 (S.I. 2005/3030) , regs. 1 , 2(3)(b)substituted
M11999 c. 30 .
M2Section 52(9) is cited for the meaning given to “prescribed”.
M31992 c. 4 .
M41995 c. 26 .
M5Section 39C was inserted by section 55 of the Welfare Reform and Pensions Act 1999 (c. 30) and amended by section 35(4) of the Child Support, Pensions and Social Security Act 2000 (c. 19) .
M6Section 48B was amended by paragraph 6 of Schedule 8 to the Welfare Reform and Pensions Act 1999.
M7Section 48BB was inserted by section 56 of the Welfare Reform and Pensions Act 1999. Sections 39A to 39C were inserted by section 55 of that Act.
M8Section 51 was amended by section 127(2) of the Pensions Act 1995 and by section 35(13) of the Child Support, Pensions and Social Security Act 2000. See paragraph 3(3) of Schedule 4 to the Pensions Act 1995 for the application of section 51 to men who attain pensionable age on or after 6th April 2010.
M9Paragraphs 4 to 7 of Schedule 5 were substituted or amended by paragraph 21(13), (15) and (17) of Schedule 4 to the Pensions Act 1995.
Defined TermSection/ArticleIDScope of Application
additional pensionreg. 1.additional_rtNmzgj
pensionable agereg. 1.pensionabl_rtKBcdv
the Contributions and Benefits Actreg. 1.the_Contri_rt0eBQB
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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