Welfare Reform and Pensions Act 1999

• (5) Otherwise, the relevant benefits for the purposes of subsections (2) and (3) are the benefits or future benefits to which, immediately before the transfer day, the transferor is entitled under the terms of the relevant arrangement by virtue of his shareable rights under it.

• (6) The Secretary of State may by regulations provide for any description of benefit to be disregarded for the purposes of subsection (4) or (5).

• (7) For the purposes of this section, the valuation day is such day within the implementation period for the credit under subsection (1)(b) as the person responsible for the relevant arrangement may specify by notice in writing to the transferor and transferee.

• (8) In this section—

• “relevant arrangement” means the arrangement to which the relevant order or provision relates;

• “relevant order or provision” means the order or provision by virtue of which this section applies;

• “transfer day” means the day on which the relevant order or provision takes effect;

• “transferor” means the person to whose rights the relevant order or provision relates;

• “transferee” means the person for whose benefit the relevant order or provision is made.

Cash equivalents

30

• (1) The Secretary of State may by regulations make provision about the calculation and verification of cash equivalents for the purposes of section 29.

• (2) The power conferred by subsection (1) includes power to provide for calculation or verification—

• (a) in such manner as may, in the particular case, be approved by a person prescribed by the regulations, or

• (b) in accordance with guidance from time to time prepared by a person so prescribed.

Pension debits

Reduction of benefit

31

• (1) Subject to subsection (2), where a person’s shareable rights under a pension arrangement are subject to a pension debit, each benefit or future benefit—

• (a) to which he is entitled under the arrangement by virtue of those rights, and

• (b) which is a qualifying benefit,

is reduced by the appropriate percentage.

• (2) Where a pension debit relates to the shareable rights under an occupational pension scheme of a person who is in pensionable service under the scheme on the transfer day, each benefit or future benefit—

• (a) to which the person is entitled under the scheme by virtue of those rights, and

• (b) which corresponds to a qualifying benefit,

is reduced by an amount equal to the appropriate percentage of the corresponding qualifying benefit.

• (3) A benefit is a qualifying benefit for the purposes of subsections (1) and (2) if the cash equivalent by reference to which the amount of the pension debit is determined includes an amount in respect of it.

• (4) The provisions of this section override any provision of a pension arrangement to which they apply to the extent that the provision conflicts with them.

• (5) In this section—

• “appropriate percentage”, in relation to a pension debit, means—if the relevant order or provision specifies the percentage value to be transferred, that percentage;if the relevant order or provision specifies an amount to be transferred, the percentage which the appropriate amount for the purposes of subsection (1) of section 29 represents of the amount mentioned in subsection (3)(b) of that section;

• “relevant order or provision”, in relation to a pension debit, means the pension sharing order or provision on which the debit depends;

• “transfer day”, in relation to a pension debit, means the day on which the relevant order or provision takes effect.

Effect on contracted-out rights

32

• (1) The Pension Schemes Act 1993 shall be amended as follows.

• (2) In section 10 (protected rights), in subsection (1), for “subsections (2) and (3)” there shall be substituted “ the following provisions of this section ”, and at the end there shall be added—

(4) Where, in the case of a scheme which makes such provision as is mentioned in subsection (2) or (3), a member’s rights under the scheme become subject to a pension debit, his protected rights shall exclude the appropriate percentage of the rights which were his protected rights immediately before the day on which the pension debit arose. (5) For the purposes of subsection (4), the appropriate percentage is— (a) if the order or provision on which the pension debit depends specifies the percentage value to be transferred, that percentage; (b) if the order or provision on which the pension debit depends specifies an amount to be transferred, the percentage which the appropriate amount for the purposes of subsection (1) of section 29 of the Welfare Reform and Pensions Act 1999 (lesser of specified amount and cash equivalent of transferor’s benefits) represents of the amount mentioned in subsection (3)(b) of that section (cash equivalent of transferor’s benefits).

• (3) After section 15 there shall be inserted—

(15A) (1) Where— (a) an earner has a guaranteed minimum in relation to the pension provided by a scheme, and (b) his right to the pension becomes subject to a pension debit, his guaranteed minimum in relation to the scheme is, subject to subsection (2), reduced by the appropriate percentage. (2) Where the earner is in pensionable service under the scheme on the day on which the order or provision on which the pension debit depends takes effect, his guaranteed minimum in relation to the scheme is reduced by an amount equal to the appropriate percentage of the corresponding qualifying benefit. (3) For the purposes of subsection (2), the corresponding qualifying benefit is the guaranteed minimum taken for the purpose of calculating the cash equivalent by reference to which the amount of the pension debit is determined. (4) For the purposes of this section the appropriate percentage is— (a) if the order or provision on which the pension debit depends specifies the percentage value to be transferred, that percentage; (b) if the order or provision on which the pension debit depends specifies an amount to be transferred, the percentage which the appropriate amount for the purposes of subsection (1) of section 29 of the Welfare Reform and Pensions Act 1999 (lesser of specified amount and cash equivalent of transferor’s benefits) represents of the amount mentioned in subsection (3)(b) of that section (cash equivalent of transferor’s benefits).

• (4) In section 47 (entitlement to guaranteed minimum pensions for the purposes of the relationship with social security benefits), at the end there shall be added—

(6) For the purposes of section 46, a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled but for any reduction under section 15A.

• (5) In section 181(1), there shall be inserted at the appropriate place—

“pension debit” means a debit under section 29(1)(a) of the Welfare Reform and Pensions Act 1999;

.

Pension credits

Time for discharge of liability

33

• (1) A person subject to liability in respect of a pension credit shall discharge his liability before the end of the implementation period for the credit.

• (2) Where the trustees or managers of an occupational pension scheme have not done what is required to discharge their liability in respect of a pension credit before the end of the implementation period for the credit—

• (a) they shall, except in such cases as the Secretary of State may prescribe by regulations, notify the Regulatory Authority of that fact within such period as the Secretary of State may so prescribe, and

• (b) section 10 of the Pensions Act 1995 (power of the Regulatory Authority to impose civil penalties) shall apply to any trustee or manager who has failed to take all such steps as are reasonable to ensure that liability in respect of the credit was discharged before the end of the implementation period for it.

• (3) If trustees or managers to whom subsection (2)(a) applies fail to perform the obligation imposed by that provision, section 10 of the Pensions Act 1995 shall apply to any trustee or manager who has failed to take all reasonable steps to ensure that the obligation was performed.

• (4) On the application of the trustees or managers of an occupational pension scheme who are subject to liability in respect of a pension credit, the Regulatory Authority may extend the implementation period for the credit for the purposes of this section if it is satisfied that the application is made in such circumstances as the Secretary of State may prescribe by regulations.

• (5) In this section “the Regulatory Authority” means the Pensions Regulator.

“Implementation period”

34

• (1) For the purposes of this Chapter, the implementation period for a pension credit is the period of 4 months beginning with the later of—

• (a) the day on which the relevant order or provision takes effect, and

• (b) the first day on which the person responsible for the pension arrangement to which the relevant order or provision relates is in receipt of—

• (i) the relevant ... documents, and

• (ii) such information relating to the transferor and transferee as the Secretary of State may prescribe by regulations.

• (2) The reference in subsection (1)(b)(i) to the relevant ... documents is to copies of—

• (a) the relevant order or provision, and

• (b) the order, decree or declarator responsible for the divorce, dissolution or annulment to which it relates,

and, if the pension credit depends on provision falling within subsection (1)(f) of section 28, to documentary evidence that the agreement containing the provision is one to which subsection (3)(a) of that section applies.

• (3) Subsection (1) is subject to any provision made by regulations under section 41(2)(a).

• (4) The Secretary of State may by regulations—

• (a) make provision requiring a person subject to liability in respect of a pension credit to notify the transferor and transferee of the day on which the implementation period for the credit begins;

• (b) provide for this section to have effect with modifications where the pension arrangement to which the relevant order or provision relates is being wound up;

• (c) provide for this section to have effect with modifications where the pension credit depends on a pension sharing order and the order is the subject of an application for leave to appeal out of time.

• (5) In this section—

• “relevant order or provision”, in relation to a pension credit, means the pension sharing order or provision on which the pension credit depends;

• “transferor” means the person to whose rights the relevant order or provision relates;

• “transferee” means the person for whose benefit the relevant order or provision is made.

Mode of discharge of liability

35

• (1) Schedule 5 (which makes provision about how liability in respect of a pension credit may be discharged) shall have effect.

• (2) Where the person entitled to a pension credit dies before liability in respect of the credit has been discharged—

• (a) Schedule 5 shall cease to have effect in relation to the discharge of liability in respect of the credit, and

• (b) liability in respect of the credit shall be discharged in accordance with regulations made by the Secretary of State.

Treatment of pension credit rights under schemes

Safeguarded rights

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirements relating to pension credit benefit

37

After section 101 of the Pension Schemes Act 1993 there shall be inserted—

(101A) (1) This Chapter applies to any occupational pension scheme whose resources are derived in whole or part from— (a) payments to which subsection (2) applies made or to be made by one or more employers of earners to whom the scheme applies, or (b) such other payments by the earner or his employer, or both, as may be prescribed for different categories of scheme. (2) This subsection applies to payments— (a) under an actual or contingent legal obligation, or (b) in the exercise of a power conferred, or the discharge of a duty imposed, on a Minister of the Crown, government department or any other person, being a power or duty which extends to the disbursement or allocation of public money. (101B) In this Chapter— - “scheme” means an occupational pension scheme to which this Chapter applies; - “pension credit rights” means rights to future benefits under a scheme which are attributable (directly or indirectly) to a pension credit; - “pension credit benefit”, in relation to a scheme, means the benefits payable under the scheme to or in respect of a person by virtue of rights under the scheme attributable (directly or indirectly) to a pension credit; - “normal benefit age”, in relation to a scheme, means the earliest age at which a person who has pension credit rights under the scheme is entitled to receive a pension by virtue of those rights (disregarding any scheme rule making special provision as to early payment of pension on grounds of ill-health or otherwise). (101C) (1) Normal benefit age under a scheme must be between 60 and 65. (2) A scheme must not provide for payment of pension credit benefit in the form of a lump sum at any time before normal benefit age, except in such circumstances as may be prescribed. (101D) (1) Subject to subsection (2) and section 101E, a person’s pension credit benefit under a scheme must be— (a) payable directly out of the resources of the scheme, or (b) assured to him by such means as may be prescribed. (2) Subject to subsections (3) and (4), a scheme may, instead of providing a person’s pension credit benefit, provide— (a) for his pension credit rights under the scheme to be transferred to another occupational pension scheme or a personal pension scheme with a view to acquiring rights for him under the rules of the scheme, or (b) for such alternatives to pension credit benefit as may be prescribed. (3) The option conferred by subsection (2)(a) is additional to any obligation imposed by Chapter II of this Part. (4) The alternatives specified in subsection (2)(a) and (b) may only be by way of complete or partial substitute for pension credit benefit— (a) if the person entitled to the benefit consents, or (b) in such other cases as may be prescribed. (101E) (1) A transaction to which section 19 applies discharges the trustees or managers of a scheme from their liability to provide pension credit benefit or any alternative to pension credit benefit for or in respect of a member of the scheme if and to the extent that— (a) it results in pension credit benefit, or any alternative to pension credit benefit, for or in respect of the member being appropriately secured (within the meaning of that section), (b) the transaction is entered into with the consent of the member or, if the member has died, of the member’s widow or widower, and (c) such requirements as may be prescribed are met. (2) Regulations may provide that subsection (1)(b) shall not apply in prescribed circumstances. (101F) (1) An eligible member of a qualifying scheme may by notice in writing require the trustees or managers of the scheme to use an amount equal to the cash equivalent of his pension credit benefit for such one or more of the authorised purposes as he may specify in the notice. (2) In the case of a member of an occupational pension scheme, the authorised purposes are— (a) to acquire rights allowed under the rules of an occupational pension scheme, or personal pension scheme, which is an eligible scheme, (b) to purchase from one or more insurance companies such as are mentioned in section 19(4)(a), chosen by the member and willing to accept payment on account of the member from the trustees or managers, one or more annuities which satisfy the prescribed requirements, and (c) in such circumstances as may be prescribed, to subscribe to other pension arrangements which satisfy prescribed requirements. (3) In the case of a member of a personal pension scheme, the authorised purposes are— (a) to acquire rights allowed under the rules of an occupational pension scheme, or personal pension scheme, which is an eligible scheme, and (b) in such circumstances as may be prescribed, to subscribe to other pension arrangements which satisfy prescribed requirements. (4) The cash equivalent for the purposes of subsection (1) shall— (a) in the case of a salary related occupational pension scheme, be taken to be the amount shown in the relevant statement under section 101H, and (b) in any other case, be determined by reference to the date the notice under that subsection is given. (5) The requirements which may be prescribed under subsection (2) or (3) include, in particular, requirements of the Inland Revenue. (6) In subsections (2) and (3), references to an eligible scheme are to a scheme— (a) the trustees or managers of which are able and willing to accept payment in respect of the member’s pension credit rights, and (b) which satisfies the prescribed requirements. (7) In this Chapter, “transfer notice” means a notice under subsection (1). (101G) (1) In the case of a salary related occupational pension scheme, the power to give a transfer notice may only be exercised if— (a) the member has been provided with a statement under section 101H, and (b) not more than 3 months have passed since the date by reference to which the amount shown in the statement is determined. (2) The power to give a transfer notice may not be exercised in the case of an occupational pension scheme if— (a) there is less than a year to go until the member reaches normal benefit age, or (b) the pension to which the member is entitled by virtue of his pension credit rights, or benefit in lieu of that pension, or any part of it has become payable. (3) Where an eligible member of a qualifying scheme— (a) is entitled to make an application under section 95 to the trustees or managers of the scheme, or (b) would be entitled to do so, but for the fact that he has not received a statement under section 93A in respect of which the guarantee date is sufficiently recent, he may not, if the scheme so provides, exercise the power to give them a transfer notice unless he also makes an application to them under section 95. (4) The power to give a transfer notice may not be exercised if a previous transfer notice given by the member to the trustees or managers of the scheme is outstanding. (101H) (1) The trustees or managers of a qualifying scheme which is a salary related occupational pension scheme shall, on the application of an eligible member, provide him with a written statement of the amount of the cash equivalent of his pension credit benefit under the scheme. (2) For the purposes of subsection (1), the amount of the cash equivalent shall be determined by reference to a date falling within— (a) the prescribed period beginning with the date of the application, and (b) the prescribed period ending with the date on which the statement under that subsection is provided to the applicant. (3) Regulations may make provision in relation to applications under subsection (1) and may, in particular, restrict the making of successive applications. (4) If trustees or managers to whom subsection (1) applies fail to perform an obligation under that subsection, section 10 of the Pensions Act 1995 (power of the Regulatory Authority to impose civil penalties) shall apply to any trustee or manager who has failed to take all such steps as are reasonable to secure that the obligation was performed. (101I) Cash equivalents for the purposes of this Chapter shall be calculated and verified in the prescribed manner. (101J) (1) Trustees or managers of a qualifying scheme who receive a transfer notice shall comply with the notice— (a) in the case of an occupational pension scheme, within 6 months of the valuation date or, if earlier, by the date on which the member to whom the notice relates reaches normal benefit age, and (b) in the case of a personal pension scheme, within 6 months of the date on which they receive the notice. (2) The Regulatory Authority may, in prescribed circumstances, extend the period for complying with the notice. (3) If the Regulatory Authority are satisfied— (a) that there has been a relevant change of circumstances since they granted an extension under subsection (2), or (b) that they granted an extension under that subsection in ignorance of a material fact or on the basis of a mistake as to a material fact, they may revoke or reduce the extension. (4) Where the trustees or managers of an occupational pension scheme have failed to comply with a transfer notice before the end of the period for compliance— (a) they shall, except in prescribed cases, notify the Regulatory Authority of that fact within the prescribed period, and (b) section 10 of the Pensions Act 1995 (power of the Regulatory Authority to impose civil penalties) shall apply to any trustee or manager who has failed to take all such steps as are reasonable to ensure that the notice was complied with before the end of the period for compliance. (5) If trustees or managers to whom subsection (4)(a) applies fail to perform the obligation imposed by that provision, section 10 of the Pensions Act 1995 shall apply to any trustee or manager who has failed to take all such steps as are reasonable to ensure that the obligation was performed. (6) Regulations may— (a) make provision in relation to applications under subsection (2), and (b) provide that subsection (4) shall not apply in prescribed circumstances. (7) In this section, “valuation date”, in relation to a transfer notice given to the trustees or managers of an occupational pension scheme, means— (a) in the case of a salary related scheme, the date by reference to which the amount shown in the relevant statement under section 101H is determined, and (b) in the case of any other scheme, the date the notice is given. (101K) (1) Subject to subsections (2) and (3), a person who has given a transfer notice may withdraw it by giving the trustees or managers to whom it was given notice in writing that he no longer requires them to comply with it. (2) A transfer notice may not be withdrawn if the trustees or managers have already entered into an agreement with a third party to use the whole or part of the amount they are required to use in accordance with the notice. (3) If the giving of a transfer notice depended on the making of an application under section 95, the notice may only be withdrawn if the application is also withdrawn. (101L) (1) Regulations may make provision for the amount required to be used under section 101F(1) to be increased or reduced in prescribed circumstances. (2) Without prejudice to the generality of subsection (1), the circumstances which may be prescribed include— (a) failure by the trustees or managers of a qualifying scheme to comply with a notice under section 101F(1) within 6 months of the date by reference to which the amount of the cash equivalent falls to be determined, and (b) the state of funding of a qualifying scheme. (3) Regulations under subsection (1) may have the effect of extinguishing an obligation under section 101F(1). (101M) Compliance with a transfer notice shall have effect to discharge the trustees or managers of a qualifying scheme from any obligation to provide the pension credit benefit of the eligible member who gave the notice. (101N) In making any calculation for the purposes of this Chapter— (a) any charge or lien on, and (b) any set-off against, the whole or part of a pension shall be disregarded. (101O) A notice under section 101F(1) or 101K(1) shall be taken to have been given if it is delivered to the trustees or managers personally or sent by post in a registered letter or by recorded delivery service. (101P) (1) In this Chapter— - “eligible member”, in relation to a qualifying scheme, means a member who has pension credit rights under the scheme; - “normal benefit age”, in relation to an eligible member of a qualifying scheme, means the earliest age at which the member is entitled to receive a pension by virtue of his pension credit rights under the scheme (disregarding any scheme rule making special provision as to early payment of pension on grounds of ill-health or otherwise); - “pension credit benefit”, in relation to an eligible member of a qualifying scheme, means the benefits payable under the scheme to or in respect of the member by virtue of rights under the scheme attributable (directly or indirectly) to a pension credit; - “pension credit rights”, in relation to a qualifying scheme, means rights to future benefits under the scheme which are attributable (directly or indirectly) to a pension credit; - “qualifying scheme” means a funded occupational pension scheme and a personal pension scheme; - “transfer notice” has the meaning given by section 101F(7). (2) For the purposes of this Chapter, an occupational pension scheme is salary related if— (a) it is not a money purchase scheme, and (b) it does not fall within a prescribed class. (3) In this Chapter, references to the relevant statement under section 101H, in relation to a transfer notice given to the trustees or managers of a salary related occupational pension scheme, are to the statement under that section on which the giving of the notice depended. (4) For the purposes of this section, an occupational pension scheme is funded if it meets its liabilities out of a fund accumulated for the purpose during the life of the scheme. (101Q) Regulations may apply this Chapter with prescribed modifications to occupational pension schemes— (a) which are not money purchase schemes, but (b) where some of the benefits that may be provided are money purchase benefits.

Treatment in winding up

38

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In the case of an occupational pension scheme which is not a scheme to which this section applies, rights attributable (directly or indirectly) to a pension credit are to be accorded in a winding up the same treatment—

• (a) if they have come into payment, as the rights of a pensioner member, and

• (b) if they have not come into payment, as the rights of a deferred member.

• (2A) This section applies to an occupational pension scheme other than—

• (a) a money purchase scheme, or

• (b) a prescribed scheme or a scheme of a prescribed description.

• (3) Subsection (2) overrides the provisions of a scheme to the extent that it conflicts with them, and the scheme has effect with such modifications as may be required in consequence.

• (4) In subsection (2)—

• (a) “deferred member” and “pensioner member” have the same meanings as in Part I of the Pensions Act 1995,

• (b) “pension credit” includes a credit under Northern Ireland legislation corresponding to section 29(1)(b), and

• (c) references to rights attributable to a pension credit having come into payment are to the person to whom the rights belong having become entitled by virtue of the rights to the present payment of pension or other benefits.

Indexation

Public service pension schemes

39

• (1) The Pensions (Increase) Act 1971 shall be amended as follows.

• (2) In section 3 (qualifying conditions), after subsection (2) there shall be inserted—

(2A) A pension attributable to the pensioner having become entitled to a pension credit shall not be increased unless the pensioner has attained the age of fifty-five years.

• (3) In section 8, in subsection (1) (definition of “pension”), in paragraph (a), the words from “(either” to “person)” shall be omitted.

• (4) In that section, in subsection (2) (when pension deemed for purposes of the Act to begin), after “pension”, in the first place, there shall be inserted “ which is not attributable to a pension credit ”, and after that subsection there shall be inserted—

(2A) A pension which is attributable to a pension credit shall be deemed for purposes of this Act to begin on the day on which the order or provision on which the credit depends takes effect.

• (5) In section 17(1) (interpretation)—

• (a) for the definitions of “derivative pension” and “principal pension” there shall be substituted—

“derivative pension” means a pension which— (a) is not payable in respect of the pensioner’s own services, and (b) is not attributable to the pensioner having become entitled to a pension credit;

,

• (b) after the definition of “pension” there shall be inserted—

“pension credit” means a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation; “principal pension” means a pension which— (a) is payable in respect of the pensioner’s own services, or (b) is attributable to the pensioner having become entitled to a pension credit;

, and

• (c) for the definition of “widow’s pension” there shall be substituted—

“widow’s pension” means a pension payable— (a) in respect of the services of the pensioner’s deceased husband, or (b) by virtue of the pensioner’s deceased husband having become entitled to a pension credit.

Other pension schemes

40

• (1) The Secretary of State may by regulations make provision for a pension to which subsection (2) applies to be increased, as a minimum, by reference to relevant percentage increases, so far as not exceeding the maximum percentage per annum.

• (2) Subject to subsection (2A), this subsection applies to—

• (a) a pension provided to give effect to eligible pension credit rights of a member under a qualifying occupational pension scheme, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) Subsection (2) does not apply to pensions which—

• (a) are money purchase benefits, and

• (b) become pensions in payment on or after the commencement day.

• (2AA) In subsection (1) “ relevant percentage increases ” means percentage increases estimated by the Secretary of State from time to time for the purposes of paragraph 2(3)(a) of Schedule 3 to the Pension Schemes Act 1993 for revaluation periods of 12 months.

• (2B) For the purposes of subsection (1) the “ maximum percentage ” means—

• (a) 5% in a case where—

• (i) the pension is in payment before the commencement day, or

• (ii) the pension is not in payment before the commencement day but the entitlement to the relevant pension credit arose before that day, and

• (b) 2.5% in a case where the entitlement to the relevant pension credit arises on or after the commencement day.

• (3) In this section—

• “ commencement day ” means the day appointed for the coming into force of section 280 of the Pensions Act 2004 (amendments to section 40);

• “eligible”, in relation to pension credit rights, means of a description prescribed by regulations made by the Secretary of State;

• “ money purchase benefit ” has the meaning given by section 181(1) of the Pension Schemes Act 1993;

• “pension credit rights”, in relation to an occupational pension scheme, means rights to future benefits under the scheme which are attributable (directly or indirectly) to a credit under section 29(1)(b) or under corresponding Northern Ireland legislation;

• “qualifying occupational pension scheme” means an occupational pension scheme which is not a public service pension scheme;

• “ relevant pension credit ” means the pension credit to which the eligible pension credit rights ... are (directly or indirectly) attributable;

• “safeguarded rights” has the meaning given in section 68A of the Pension Schemes Act 1993.

Charges by pension arrangements

Charges in respect of pension sharing costs

41

• (1) The Secretary of State may by regulations make provision for the purpose of enabling the person responsible for a pension arrangement involved in pension sharing to recover from the parties to pension sharing prescribed charges in respect of prescribed descriptions of pension sharing activity.

• (2) Regulations under subsection (1) may include—

• (a) provision for the start of the implementation period for a pension credit to be postponed in prescribed circumstances;

• (b) provision, in relation to payments in respect of charges recoverable under the regulations, for reimbursement as between the parties to pension sharing;

• (c) provision, in relation to the recovery of charges by deduction from a pension credit, for the modification of Schedule 5;

• (d) provision for the recovery in prescribed circumstances of such additional amounts as may be determined in accordance with the regulations.

• (3) For the purposes of regulations under subsection (1), the question of how much of a charge recoverable under the regulations is attributable to a party to pension sharing is to be determined as follows—

• (a) where the relevant order or provision includes provision about the apportionment of charges under this section, there is attributable to the party so much of the charge as is apportioned to him by that provision;

• (b) where the relevant order or provision does not include such provision, the charge is attributable to the transferor.

• (4) For the purposes of subsection (1), a pension arrangement is involved in pension sharing if section 29 applies by virtue of an order or provision which relates to the arrangement.

• (5) In that subsection, the reference to pension sharing activity is to activity attributable (directly or indirectly) to the involvement in pension sharing.

• (6) In subsection (3)—

• (a) the reference to the relevant order or provision is to the order or provision which gives rise to the pension sharing, and

• (b) the reference to the transferor is to the person to whose rights that order or provision relates.

• (7) In this section “prescribed” means prescribed in regulations under subsection (1).

Adaptation of statutory schemes

Extension of scheme-making powers

42

• (1) Power under an Act to establish a pension scheme shall include power to make provision for the provision, by reference to pension credits which derive from rights under—

• (a) the scheme, or

• (b) a scheme in relation to which the scheme is specified as an alternative for the purposes of paragraph 2 of Schedule 5,

of benefits to or in respect of those entitled to the credits.

• (2) Subsection (1) is without prejudice to any other power.

• (3) Subsection (1) shall apply in relation to Acts whenever passed.

• (4) No obligation to consult shall apply in relation to the making, in exercise of a power under an Act to establish a pension scheme, of provision of a kind authorised by subsection (1).

• (5) Any provision of, or under, an Act which makes benefits under a pension scheme established under an Act a charge on, or payable out of—

• (a) the Consolidated Fund,

• (b) the Scottish Consolidated Fund, or

• (c) the Consolidated Fund of Northern Ireland,

shall be treated as including any benefits under the scheme which are attributable (directly or indirectly) to a pension credit which derives from rights to benefits charged on, or payable out of, that fund.

• (6) In this section—

• “pension credit” includes a credit under Northern Ireland legislation corresponding to section 29(1)(b);

• “pension scheme” means a scheme or arrangement providing benefits, in the form of pensions or otherwise, payable on termination of service, or on death or retirement, to or in respect of persons to whom the scheme or arrangement applies.

Power to extend judicial pension schemes

43

• (1) The appropriate minister may by regulations amend the Sheriffs’ Pensions (Scotland) Act 1961, the Judicial Pensions Act 1981 or the Judicial Pensions and Retirement Act 1993 for the purpose of—

• (a) extending a pension scheme under the Act to include the provision, by reference to pension credits which derive from rights under—

• (i) the scheme, or

• (ii) a scheme in relation to which the scheme is specified as an alternative for the purposes of paragraph 2 of Schedule 5,

of benefits to or in respect of those entitled to the credits, or

• (b) restricting the power of the appropriate minister to accept payments into a pension scheme under the Act, where the payments represent the cash equivalent of rights under another pension scheme which are attributable (directly or indirectly) to a pension credit.

• (2) Regulations under subsection (1)—

• (a) may make benefits provided by virtue of paragraph (a) of that subsection a charge on, and payable out of, the Consolidated Fund;

• (b) may confer power to make subordinate legislation, including subordinate legislation which provides for calculation of the value of rights in accordance with guidance from time to time prepared by a person specified in the subordinate legislation.

• (3) The appropriate minister for the purposes of subsection (1) is—

• (a) in relation to a pension scheme whose ordinary members are limited to those who hold judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State, and

• (b) in relation to any other pension scheme, the Lord Chancellor.

• (4) In this section—

• “pension credit” includes a credit under Northern Ireland legislation corresponding to section 29(1)(b);

• “pension scheme” means a scheme or arrangement providing benefits, in the form of pensions or otherwise, payable on termination of service, or on death or retirement, to or in respect of persons to whom the scheme or arrangement applies.

Supplementary

Disapplication of restrictions on alienation

44

• (1) Nothing in any of the following provisions (restrictions on alienation of pension rights) applies in relation to any order or provision falling within section 28(1)—

• (a) section 356 of the Armed Forces Act 2006 and section 159(4) and (4A) of the Pension Schemes Act 1993,

• (b) section 91 of the Pensions Act 1995,

• (c) any provision of any enactment (whether passed or made before or after this Act is passed) corresponding to any of the enactments mentioned in paragraphs (a) and (b), and

• (d) any provision of a pension arrangement corresponding to any of those enactments.

• (2) In this section, “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

Information

45

• (1) The Secretary of State may by regulations require the person responsible for a pension arrangement involved in pension sharing to supply to such persons as he may specify in the regulations such information relating to anything which follows from the application of section 29 as he may so specify.

• (2) Section 168 of the Pension Schemes Act 1993 (breach of regulations) shall apply as if this section were contained in that Act (otherwise than in Chapter II of Part VII).

• (3) For the purposes of this section, a pension arrangement is involved in pension sharing if section 29 applies by virtue of an order or provision which relates to the arrangement.

Interpretation of Chapter I

46

• (1) In this Chapter—

• “implementation period”, in relation to a pension credit, has the meaning given by section 34;

• “occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993;

• “pension arrangement” means—an occupational pension scheme,a personal pension scheme,a retirement annuity contract,an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme, andan annuity purchased, or entered into, for the purpose of discharging liability in respect of a credit under section 29(1)(b) or under corresponding Northern Ireland legislation;

• “pension credit” means a credit under section 29(1)(b);

• “pension debit” means a debit under section 29(1)(a);

• “pensionable service”, in relation to a member of an occupational pension scheme, means service in any description or category of employment to which the scheme relates which qualifies the member (on the assumption that it continues for the appropriate period) for pension or other benefits under the scheme;

• “personal pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993;

• “retirement annuity contract” means a contract or scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;

• “shareable rights” has the meaning given by section 27(2);

• “trustees or managers”, in relation to an occupational pension scheme or a personal pension scheme means—in the case of a scheme established under a trust, the trustees of the scheme, andin any other case, the managers of the scheme.

• (2) In this Chapter, references to the person responsible for a pension arrangement are—

• (a) in the case of an occupational pension scheme or a personal pension scheme, to the trustees or managers of the scheme,

• (b) in the case of a retirement annuity contract or an annuity falling within paragraph (d) or (e) of the definition of “pension arrangement” in subsection (1), to the provider of the annuity, and

• (c) in the case of an insurance policy falling within paragraph (d) of the definition of that expression, to the insurer.

• (3) In determining what is “pensionable service” for the purposes of this Chapter—

• (a) service notionally attributable for any purpose of the scheme is to be disregarded, and

• (b) no account is to be taken of any rules of the scheme by which a period of service can be treated for any purpose as being longer or shorter than it actually is.

Chapter II — Sharing of state scheme rights

Shareable state scheme rights

47

• (1) Pension sharing is available under this Chapter in relation to a person’s shareable state scheme rights.

• (1A) For the purposes of this Chapter, a person's shareable state scheme rights are—

• (a) the person's shareable old state scheme rights;

• (b) the person's shareable new state scheme rights.

• (2) For the purposes of this Chapter, a person’s shareable old state scheme rights are—

• (a) his entitlement, or prospective entitlement, to a Category A retirement pension by virtue of section 44(3)(b) of the Contributions and Benefits Act (... additional pension), and

• (b) his entitlement, or prospective entitlement, to a pension under section 55A or 55AA of that Act (shared additional pension).

• (3) For the purposes of this Chapter, a person's shareable new state scheme rights are the person's entitlement, or prospective entitlement, to the excess amount in a state pension under section 4 of the Pensions Act 2014.

• (4) “The excess amount”, in relation to a state pension under section 4 of the Pensions Act 2014, means any amount by which the rate of the pension exceeds the full rate of the state pension (see section 3 of that Act).

• (5) In determining the rate of a state pension under section 4 of the Pensions Act 2014 for the purposes of this Chapter, ignore Schedule 6 to that Act (reduced rate elections: effect on rate of section 4 pension).

Activation of benefit sharing

48

• (1) Section 49 or 49A applies where any of the following has taken effect in relation to a person's shareable state scheme rights—

• (a) a pension sharing order under the Matrimonial Causes Act 1973,

• (aa) a pension sharing order under Schedule 5 to the Civil Partnership Act 2004,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) an order under Part III of the Matrimonial and Family Proceedings Act 1984 (financial relief in England and Wales in relation to overseas divorce etc.) corresponding to such an order as is mentioned in paragraph (a),

• (da) an order under Schedule 7 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc. of a civil partnership) corresponding to such an order as is mentioned in paragraph (aa),

• (e) a pension sharing order under the Family Law (Scotland) Act 1985,

• (f) provision which corresponds to the provision which may be made by such an order and which—

• (i) is contained in a qualifying agreement between the parties to a marriage or between persons who are civil partners of each other,

• (ii) is in such form as the Secretary of State may prescribe by regulations, and

• (iii) takes effect on the grant, in relation to the marriage, of decree of divorce under the Divorce (Scotland) Act 1976 or of declarator of nullity or (as the case may be) on the grant, in relation to the civil partnership, of decree of dissolution or of declarator of nullity,

• (g) an order under Part IV of the Matrimonial and Family Proceedings Act 1984 (financial relief in Scotland in relation to overseas divorce etc.) or under Schedule 11 to the 2004 Act (financial provision in Scotland after overseas proceedings) corresponding to such an order as is mentioned in paragraph (e),

• (h) a pension sharing order under the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)),

• (i) an order under Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (financial relief in Northern Ireland in relation to overseas divorce etc.) corresponding to such an order as is mentioned in paragraph (h).

• (j) a pension sharing order under Schedule 15 to the 2004 Act, and

• (k) an order under Schedule 17 to the 2004 Act (financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership) corresponding to such an order as is mentioned in paragraph (j).

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

• (3) For the purposes of subsection (1)(f), a qualifying agreement is one which—

• (a) has been entered into in such circumstances as the Secretary of State may prescribe by regulations, and

• (b) is registered in the Books of Council and Session.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) For the purposes of this section, an order or provision falling within subsection (1)(e), (f) or (g) shall be deemed never to have taken effect if the Secretary of State does not receive before the end of the period of 2 months beginning with the relevant date—

• (a) copies of the relevant ... documents, and

• (b) such information relating to the transferor and transferee as the Secretary of State may prescribe by regulations under section 34(1)(b)(ii).

• (7) The relevant date for the purposes of subsection (6) is—

• (a) in the case of an order or provision falling within subsection (1)(e) or (f), the date of the extract of the decree or declarator responsible for the divorce, dissolution or annulment to which the order or provision relates, and

• (b) in the case of an order falling within subsection (1)(g), the date of disposal of the application under section 28 of the Matrimonial and Family Proceedings Act 1984 or, where the order is under Schedule 11 to the 2004 Act, the date of disposal of the application under paragraph 2 of that Schedule.

• (8) The reference in subsection (6)(a) to the relevant ... documents is—

• (a) in the case of an order falling within subsection (1)(e) or (g), to copies of the order and the order, decree or declarator responsible for the divorce, dissolution or annulment to which it relates, and

• (b) in the case of provision falling within subsection (1)(f), to—

• (i) copies of the provision and the order, decree or declarator responsible for the divorce, dissolution or annulment to which it relates, and

• (ii) documentary evidence that the agreement containing the provision is one to which subsection (3)(a) applies.

• (9) The Court of Session or the sheriff may, on the application of any person having an interest, make an order—

• (a) extending the period of 2 months referred to in subsection (6), and

• (b) if that period has already expired, providing that, if the Secretary of State receives the documents and information concerned before the end of the period specified in the order, subsection (6) is to be treated as never having applied.

Creation of state scheme pension debits and credits

49

• (A1) This section applies if—

• (a) the transferor is in the old state pension system, or

• (b) the transferor is in the new state pension system but the transfer day was before 6 April 2016.

• (1) Where this section applies because of a relevant order or provision—

• (a) the transferor is subject, for the purposes of the relevant state pension legislation, to a debit of the appropriate amount, and

• (b) the transferee is entitled, for the purposes of the relevant state pension legislation, to a credit of that amount.

• (2) Where the relevant order or provision specifies a percentage value to be transferred, the appropriate amount for the purposes of subsection (1) is the specified percentage of the cash equivalent on the transfer day of the transferor’s shareable old state scheme rights immediately before that day.

• (3) Where the relevant order or provision specifies an amount to be transferred, the appropriate amount for the purposes of subsection (1) is the lesser of—

• (a) the specified amount, and

• (b) the cash equivalent on the transfer day of the transferor’s shareable old state scheme rights immediately before that day.

• (4) The Secretary of State may by regulations make provision about the calculation and verification of cash equivalents for the purposes of this section.

• (4A) The power conferred by subsection (4) above includes power to provide—

• (a) for calculation or verification in such manner as may be approved by or on behalf of the Government Actuary, and

• (b) for things done under the regulations to be required to be done in accordance with guidance from time to time prepared by a person prescribed by the regulations.

• (5) In determining prospective entitlement to a Category A retirement pension for the purposes of this section, only tax years before that in which the transfer day falls shall be taken into account.

• (5A) The fact that a person who reaches pensionable age on or after 6 April 2016 is not entitled to a pension of the kind mentioned in section 47(2)(a) or (b) does not affect the calculation under this section of the appropriate amount by reference to the transferor's prospective entitlement, immediately before the transfer day, to a pension of that kind.

• (6) In this section—

• “relevant order or provision” means the order or provision by virtue of which this section applies;

• “the relevant state pension legislation”—in relation to a transferor or transferee in the old state pension system, means Part 2 of the Contributions and Benefits Act, andin relation to a transferor or transferee in the new state pension system, means Part 1 of the Pensions Act 2014.

• “transfer day” means the day on which the relevant order or provision takes effect;

• “transferor” means the person to whose rights the relevant order or provision relates;

• “transferee” means the person for whose benefit the relevant order or provision is made.

Effect of state scheme pension debits and credits

50

• (1) Schedule 6 (which amends the Contributions and Benefits Act for the purpose of giving effect to debits and credits under section 49(1)) shall have effect.

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

Interpretation of Chapter II

51

• (1) In this Chapter—

• “shareable state scheme rights”, and related expressions, have the meaning given by section 47;

• “tax year” has the meaning given by section 122(1) of the Contributions and Benefits Act.

• (2) For the purposes of this Chapter—

• (a) a person is in the old state pension system if the person reached pensionable age before 6 April 2016 (or would have done so if the person had lived until pensionable age), and

• (b) a person is in the new state pension system if the person reached pensionable age on or after 6 April 2016 (or will do so if the person lives until pensionable age).

Part V — Welfare

Chapter I — Social security benefits

Additional pensions

Preservation of rights in respect of additional pensions

52

• (1) The Secretary of State may by regulations make such provision as is authorised by one or more of subsections (2) to (4).

• (2) The regulations may provide for any prescribed provision of Part II of the Contributions and Benefits Act (contributory benefits) which relates to additional pension for widows, widowers or surviving civil partners to have effect, in relation to persons of any prescribed description, with such modifications as may be prescribed for securing—

• (a) that any such additional pension, or

• (b) in the case of any provision of Schedule 5 to that Act (increase of pension or payment of lump sum where entitlement is deferred), that any constituent element of an increase or of a lump sum provided for by that Schedule,

is increased by such percentage as may be prescribed (which may be 100 per cent.).

• (3) The regulations may amend (or further amend) any prescribed provision set out in section 39(2) of the Child Support, Pensions and Social Security Act 2000 (which sets out provisions falling within subsection (2) of this section) so as to substitute a reference to a later date for—

• (a) any reference in that provision to 5th October 2002 or 6th October 2002; or

• (b) any reference to a date inserted in that provision by a substitution made by virtue of this subsection.

• (4) The regulations may make provision for and in connection with—

• (a) the establishment, for a prescribed period, of a scheme for dealing with claims made by persons on the grounds that, in reliance on any incorrect or incomplete information provided by a government department with respect to the SERPS reduction (however that information came to their knowledge), they—

• (i) failed to take any, or any particular, relevant steps which they would have taken, or

• (ii) took any steps which they would not have taken,

had they instead received correct and complete information with respect to that reduction; and

• (b) securing that, where persons have made successful claims under the scheme, surviving spouses of those persons (or, as the case may be, those persons themselves) will not be affected by the SERPS reduction.

• (4A) The regulations may provide, for the purposes of any provision made by virtue of subsection (4), for a case in which a person who, as a consequence of receiving incorrect or incomplete information, did not give any consideration to—

• (a) the taking of a step which is a step he might have taken had he considered the matter on the basis of correct and complete information, or

• (b) refraining from taking a step which is a step he did take but might have refrained from taking had he considered the matter on that basis,

to be treated as a case in which his failure to take the step, or his taking of the step he did take, was in reliance on the incorrect or incomplete information and as a case in which that step is one which he would have taken, or (as the case may be) would not have taken, had the information been correct and complete.

• (5) In subsection (4) “relevant steps”, in relation to a person, means steps towards safeguarding the financial position of that person’s spouse in the event of the spouse becoming that person’s surviving spouse or (as the case may be) towards safeguarding that person’s own financial position in the event of that person becoming a surviving spouse (whether or not, in either case, that person was at any material time already married); and “the SERPS reduction” means—

• (a) (in the context of subsection (4)(a)) the operation of any of—

• (i) the provisions of section 19 of the Social Security Act 1986, or

• (ii) the provisions of Part II of the Contributions and Benefits Act reproducing the effect of those provisions;

• (b) (in the context of subsection (4)(b)) the operation of any of the provisions of the Contributions and Benefits Act mentioned in paragraph (a)(ii) above or of section 39C(4) or 48BB(7) of that Act.

• (6) Regulations under subsection (4) may, in particular, make provision—

• (a) with respect to the time within which, and the manner in which, claims under the scheme are to be made;

• (b) for requiring claimants—

• (i) to supply such information in connection with their claims as may be prescribed or reasonably requested by any person for the purpose of dealing with their claims,

• (ii) to attend interviews at such time and place as may be reasonably specified by any person for that purpose;

• (c) for a claim to be disallowed where the claimant fails to comply with a requirement imposed by virtue of paragraph (a) or (b) above and does not show within the prescribed period that he had good cause for that failure;

• (d) prescribing—

• (i) matters which are or are not to be taken into account in determining whether a person does or does not have good cause for any failure to comply with any such requirement, or

• (ii) circumstances in which a person is or is not to be regarded as having or not having good cause for any such failure;

• (e) prescribing the conditions which must be satisfied in relation to any claim in order for it to be a successful claim under the scheme;

• (ea) prescribing the matters that may be relied on, and the presumptions that may be made, in the determination of whether or not the prescribed conditions have been satisfied;

• (f) with respect to—

• (i) the manner in which decisions under the scheme are to be made (which may include authorising decisions of any prescribed description to be made by a computer), and

• (ii) the time within which, and the manner in which, such decisions are to be notified to claimants;

• (g) for provisions of Chapter II of Part I of the Social Security Act 1998 (social security decisions and appeals) to apply in relation to decisions under the scheme with such modifications as may be prescribed;

• (h) for provisions of Part II of the Contributions and Benefits Act to apply in relation to—

• (i) surviving spouses of persons who have made successful claims under the scheme, or

• (ii) persons who have themselves made such claims,

with such modifications as may be prescribed.

• (7) If no regulations under this section are in force on 6th April 2000, then until such time as any such regulations come into force—

• (a) any provisions of Part II of the Contributions and Benefits Act which (whether alone or together with other provisions) would otherwise result in a reduction of one-half in the amount payable by way of additional pension in cases where a person’s spouse dies after 5th April 2000 shall be taken—

• (i) as not applying, or

• (ii) as providing for the full amount to be payable by way of additional pension,

as the case may require; and

• (b) in Schedule 5 to that Act—

• (i) any provision which is expressed to apply in relation to deaths occurring after that date shall not apply, and

• (ii) any provision which (with or without any other limitation) is expressed to apply in relation to deaths occurring before 6th April 2000 shall be taken as applying also in relation to deaths occurring on or after that date.

• (8) No regulations shall be made under this section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

• (9) In this section “prescribed” means prescribed by regulations under subsection (2), (3) or (4), as the case may be.

State maternity allowance

Extension of entitlement to state maternity allowance

53

• (1) In section 35 of the Contributions and Benefits Act (state maternity allowance), for subsections (1) and (1A) there shall be substituted—

(1) A woman shall be entitled to a maternity allowance, at the appropriate weekly rate determined under section 35A below, if— (a) she has become pregnant and has reached, or been confined before reaching, the commencement of the 11th week before the expected week of confinement; and (b) she has been engaged in employment as an employed or self-employed earner for any part of the week in the case of at least 26 of the 66 weeks immediately preceding the expected week of confinement; and (c) (within the meaning of section 35A) her average weekly earnings are not less than the maternity allowance threshold; and (d) she is not entitled to statutory maternity pay for the same week in respect of the same pregnancy.

• (2) In subsection (3) of that section—

• (a) for “Schedule 3, Part I, paragraph 3” there shall be substituted “ section 35A below ”; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) After that section there shall be inserted—

(35A) (1) For the purposes of section 35(1) above the appropriate weekly rate is that specified in whichever of subsection (2) or (3) below applies. (2) Where the woman’s average weekly earnings are not less than the lower earnings limit for the relevant tax year, the appropriate weekly rate is a weekly rate equal to the lower rate of statutory maternity pay for the time being prescribed under section 166(3) below. (3) Where the woman’s average weekly earnings— (a) are less than the lower earnings limit for the relevant tax year, but (b) are not less than the maternity allowance threshold for that tax year, the appropriate weekly rate is a weekly rate equivalent to 90 per cent. of her average weekly earnings or (if lower) the rate specified in subsection (2) above. (4) For the purposes of this section a woman’s “average weekly earnings” shall be taken to be the average weekly amount (as determined in accordance with regulations) of specified payments which— (a) were made to her or for her benefit as an employed earner, or (b) are (in accordance with regulations) to be treated as made to her or for her benefit as a self-employed earner, during the specified period. (5) Regulations may, for the purposes of subsection (4) above, provide— (a) for the amount of any payments falling within paragraph (a) or (b) of that subsection to be calculated or estimated in such manner and on such basis as may be prescribed; (b) for a payment made outside the specified period to be treated as made during that period where it was referable to that period or any part of it; (c) for a woman engaged in employment as a self-employed earner to be treated as having received a payment in respect of a week— (i) equal to the lower earnings limit in force on the last day of the week, if she paid a Class 2 contribution in respect of the week, or (ii) equal to the maternity allowance threshold in force on that day, if she was excepted (under section 11(4) above) from liability for such a contribution in respect of the week; (d) for aggregating payments made or treated as made to or for the benefit of a woman where, either in the same week or in different weeks, she was engaged in two or more employments (whether, in each case, as an employed earner or a self-employed earner). (6) In this section— (a) “the maternity allowance threshold”, in relation to a tax year, means (subject to subsection (7) below) £30; (b) “the relevant tax year” means the tax year in which the beginning of the period of 66 weeks mentioned in section 35(1)(b) above falls; and (c) “specified” (except in subsections (7) and (8) below) means prescribed by or determined in accordance with regulations. (7) The Secretary of State may, in relation to any tax year after 1999-2000, by order increase the amount for the time being specified in subsection (6)(a) above to such amount as is specified in the order. (8) When deciding whether, and (if so) by how much, to increase the amount so specified the Secretary of State shall have regard to the movement, over such period as he thinks fit, in the general level of prices obtaining in Great Britain (estimated in such manner as he thinks fit); and the Secretary of State shall in each tax year carry out such a review of the amount so specified as he thinks fit.

• (4) This section applies in relation to the payment of maternity allowance in cases where a woman’s expected week of confinement (within the meaning of section 35 of the Contributions and Benefits Act) begins on or after 20th August 2000.

Benefits for widows and widowers

Bereavement payments

54

• (1) For section 36 of the Contributions and Benefits Act there shall be substituted—

(36) (1) A person whose spouse dies on or after the appointed day shall be entitled to a bereavement payment if— (a) either that person was under pensionable age at the time when the spouse died or the spouse was then not entitled to a Category A retirement pension under section 44 below; and (b) the spouse satisfied the contribution condition for a bereavement payment specified in Schedule 3, Part I, paragraph 4. (2) A bereavement payment shall not be payable to a person if that person and a person of the opposite sex to whom that person was not married were living together as husband and wife at the time of the spouse’s death. (3) In this section “the appointed day” means the day appointed for the coming into force of sections 54 to 56 of the Welfare Reform and Pensions Act 1999.

• (2) In Schedule 4 to the Contributions and Benefits Act (rates of benefits etc.), for Part II there shall be substituted—

Bereavement payment.	£2,000.00.

New allowances for bereaved spouses

55

• (1) After section 36 of the Contributions and Benefits Act there shall be inserted—

(36A) (1) Sections 37 to 39 and section 40 below apply only in cases where a woman’s husband has died before the appointed day, and section 41 below applies only in cases where a man’s wife has died before that day. (2) Sections 39A to 39C below apply in cases where a person’s spouse dies on or after the appointed day, but section 39A also applies (in accordance with subsection (1)(b) of that section) in cases where a man’s wife has died before that day. (3) In this section, and in sections 39A and 39B below, “the appointed day” means the day appointed for the coming into force of sections 54 to 56 of the Welfare Reform and Pensions Act 1999.

• (2) After section 39 of the Contributions and Benefits Act there shall be inserted—