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Statutory Instruments

2010 No. 426

Social Security

The Social Security (Maximum Additional Pension) Regulations 2010

Made

18th February 2010

Laid before Parliament

25th February 2010

Coming into force

6th April 2010

M1The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 52(3), 122(1), 175(1) of the Social Security Contributions and Benefits Act 1992 .

M2The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it .

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—

M3“applicable limit” has the meaning given by section 44(7)(c) ;

[F1“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;.F1]

“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.[F2—(A1)This regulation applies to a survivor whose relevant day is before 6th April 2016.F2]

(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 [F3the survivor’s relevant dayF3] ; and

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

F4(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.

[F5Prescribed 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 [F6£222.10F6].F5]

Revocations

4. The following instruments are revoked—

(a)M4the Social Security (Maximum Additional Pension) Regulations 1978 ;

(b)M5the Social Security (Maximum Additional Pension) Amendment Regulations 1979 .

Signed by authority of the Secretary of State for Work and Pensions.

Angela Eagle

Minister of State,

Department for Work and Pensions

Status: There are currently no known outstanding effects for The Social Security (Maximum Additional Pension) Regulations 2010.
The Social Security (Maximum Additional Pension) Regulations 2010 (2010/426)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in reg. 2(1) inserted (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), 33(2)this amendment (inserted text) is marked as yet to come into force, see the commentary.inserted
F2Reg. 3(A1) inserted (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), 33(3)(a)this amendment (inserted text) is marked as yet to come into force, see the commentary.inserted
F3Words in reg. 3(1)(a) 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), 33(3)(b)this amendment (substituted text) is marked as yet to come into force, see the commentary.substituted
F4Reg. 3(2) 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), 33(3)(c)this amendment (omitted text) is marked as yet to come into force, see the commentary.omitted
F5Reg. 3A inserted (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), 33(4)this amendment (inserted text) is marked as yet to come into force, see the commentary.inserted
F6Sum in Reg. 3A substituted (coming into force in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(c), 13this amendment (substituted text) is marked as yet to come into force, see the commentary.substituted
M11992 c. 4. Section 52(3) re-enacts section 9(3) of the Social Security Pensions Act 1975 (c. 60). Section 122(1) is cited for the meaning of ‘prescribe’.
M2Section 173(1)(b) of the Social Security Administration Act 1992 (c. 5) provides that matter which would otherwise be referable to the Social Security Advisory Committee may not be so referred with the agreement of that Committee. These Regulations would otherwise be referable to the Committee by virtue of sections 170 and 172 of that Act.
M3Section 44(7)(c) was inserted by section 12(2)(b) of the Pensions Act 2007 (c. 22) and amended by section 3(1) and (3) of the National Insurance Contributions Act 2008 (c. 16).
M4S.I. 1978/949. Regulation 2 was substituted by S.I. 1979/1428 and amended by S.I. 1989/1642. References to “additional pension” were substituted for references to “additional component” by section 18(1)(b) of the Social Security Act 1986 (c.50), the repeal of which does not affect the substitutions (by virtue of paragraph 11 of Schedule 3 to the Social Security (Consequential Provisions) Act 1992 (c.6)).
M5S.I. 1979/1428.
Defined TermSection/ArticleIDScope of Application
applicable limitreg. 2.applicable_lgedZvw
relevant dayreg. 2.relevant_d_rthDl46
relevant yearreg. 2.relevant_y_lgjilVM
survivorreg. 2.survivor_lgsAJC6
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.

Status of changes to instrument text

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