Statutory Instruments
2016 No. 408
Pensions
The Pensions Act 2014 (Transitional and Transitory Provisions) Order 2016
Made
21st March 2016
Coming into force
6th April 2016
The Secretary of State for Work and Pensions makes the following Order in exercise of the power conferred by section 56(8) of the Pensions Act 2014( 1 ).
Citation, commencement and cessation
1. —(1) This Order may be cited as the Pensions Act 2014 (Transitional and Transitory Provisions) Order 2016.
(2) This Order comes into force on 6th April 2016.
(3) Article 2 of this Order ceases to have effect on the day on which section 30 of the Pensions Act 2014 (bereavement support payment) comes fully into force.
Transitory provision
2.Section 36(1)(a) of the Social Security Contributions and Benefits Act 1992 (bereavement payment)( 2 ) is to be read as if after “under section 44 below” the words “or a state pension under Part 1 of the Pensions Act 2014” appear.
Transitional provisions
3. —(1) This article applies to a case in which the spouse or civil partner mentioned in paragraph 3(1) of Schedule 3 to the Pensions Act 2014 (survivor’s pension: inherited amount where dead spouse or civil partner was in the old state pension system) died—
(a) on or after 6th April 2016; but
(b) before the day on which section 30 of the Pensions Act 2014 comes fully into force.
(2) In a case to which this article applies—
(a) paragraph 3(1)(d) of Schedule 3 to the Pensions Act 2014 is to be read as if it provides—
“ (d) the pensioner would, on reaching pensionable age, have been entitled to a Category B retirement pension under section 48BB of the Contributions and Benefits Act if in subsections (1) and (3) of that section the words “before 6 April 2016” were omitted. ” ; and
(b) paragraph 3(2) of that Schedule is to be read as if it provides—
“ (2) The inherited amount is equal to the weekly rate at which that Category B retirement pension would have been payable on the day on which the pensioner reached pensionable age if any element of the rate attributable to the basic pension were ignored. ” .
Signed by authority of the Secretary of State for Work and Pensions.
Altmann
Minister of State,
Department for Work and Pensions
21st March 2016
1992 c.4 . Section 36(1) was substituted by section 54(1) of the Welfare Reform and Pensions Act 1999 (c.30) and amended by paragraph 16(2) of Schedule 24 to the Civil Partnership Act 2004 (c.33) .