SCHEDULE 3 Survivor's Pension Under Section 7: Inherited Amount

SCHEDULE 3 Survivor's Pension Under Section 7: Inherited Amount

Section 7

Introduction

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This Schedule—

(a)     sets out the circumstances in which a person (the “pensionerâ€) is entitled to an inherited amount for the purpose of section 7, and

(b)     determines that amount.

Dead spouse or civil partner in old state pension system etc

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(1)     A pensioner whose spouse or civil partner has died is entitled to an inherited amount under this paragraph if—

(a)     the marriage took place or the civil partnership was formed before 6 April 2016,

(b)     the spouse or civil partner died before 6 April 2016,

(c)     the pensioner was under pensionable age when the spouse or civil partner died, and

(d)     the pensioner would, on reaching pensionable age, have been entitled to a Category B retirement pension under section 48B(4) or (4A) or 48BB of the Contributions and Benefits Act if the words “before 6 April 2016†were omitted.

(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.

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