47 Further provisions concerning entitlement to guaranteed minimum pensions for the purposes of s 46
Pension Schemes Act 1993 (1993 c 48) | Legislation

47  Further provisions concerning entitlement to guaranteed minimum pensions for the purposes of s 46

(1)     The reference in section 46(1) to a person entitled to a guaranteed minimum pension shall be construed as including a reference to a person so entitled by virtue of being the widower[, surviving same sex spouse] [or surviving civil partner] of an earner [in any case where he is entitled to a benefit other than a widowed parent's allowance] . . . only if—

[(a)     he is also entitled to a Category B retirement pension by virtue of the earner's contributions (or would be so entitled but for section 43(1) of the Social Security Contributions and Benefits Act 1992); or]

(b)     he is also entitled to a Category A retirement pension by virtue of [section 41(5)] of [that Act].

(2)     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—

(a)     if its commencement had not been postponed, as mentioned in section 13(4); or

(b)     if there had not been made a transfer payment or transfer under regulations made by virtue of section 20 as a result of which—

(i)

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Standard of care in professional negligence claims

Standard of care in professional negligence claimsThis Practice Note considers the standard of care in professional negligence claims, originally formulated in Bolam v Friern Hospital as being that of reasonable skill and care but now reconsidered following Montgomery v Lanarkshire Health. It

LEXISNEXIS

Affray

AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The magistrates’ court may decline jurisdiction where for example in cases involving a weapon/throwing objects, or conduct that causes serious

LEXISNEXIS

Option agreements—the need for a long-stop date

Call options are frequently used by developers to secure a right to buy land if planning permission is obtained. Taking an option provides the developer with time to make and pursue a planning application before having to commit to paying for the land. The developer's initial outlay will be limited

LEXISNEXIS

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not