Citation and commencement

1. These Regulations may be cited as the Social Security (Maximum Additional Pension) Regulations 2010 and shall come into force on 6th April 2010.

Interpretation

2. —(1) In these Regulations—

“ applicable limit ” has the meaning given by section 44(7)(c) ;

“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—

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

“ relevant year ” has the meaning given by section 44(7)(a);

“ survivor ” means surviving spouse or surviving civil partner.

(2) In these Regulations a reference to a section by number alone is a reference to the section so numbered in the Social Security Contributions and Benefits Act 1992.

Prescribed maximum additional pension

3.—(A1) This regulation applies to a survivor whose relevant day is before 6th April 2016.

(1) For the purposes of section 52(3) (increase of additional pension in the Category A retirement pension for surviving spouses) the maximum additional pension shall be the amount of additional pension to which a person is entitled where that person—

(a) has reached pensionable age on the survivor’s relevant day ; and

(b) in respect of each relevant year has an earnings factor specified in paragraph (3).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of paragraph (1)(b), the specified earnings factor is an earnings factor which—

(a) is equal to 53 times that year's applicable limit, before any increase under section 148 of the Social Security Administration Act 1992 (revaluation of earnings factors); and

(b) is derived from earnings on which primary Class 1 contributions were paid.

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 £218.39

Revocations

4. The following instruments are revoked—

(a) the Social Security (Maximum Additional Pension) Regulations 1978 ;

(b) the Social Security (Maximum Additional Pension) Amendment Regulations 1979 .