Welfare Reform and Pensions Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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After Clause 18
 
  
BY THE BARONESS STRANGE
 
41     Insert the following new Clause-- 
     ("  .--(1)  In determining whether a pension is payable to a person as a widow under any of the enactments in subsection (2), no account may be taken of the fact that the widow has remarried or is living together as husband and wife with a person of the opposite sex.
 
    (2)  The enactments referred to in subsection (1) are--
War pensions for widows: entitlement.
 
    (a)  the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983, and any order re-enacting the provisions of that order,
S.I. 1983/883.
 
    (b)  the Personal Injuries (Civilians) Scheme 1983, and any subsequent scheme made under the Personal Injuries (Emergency Provisions) Act 1939,
S.I. 1983/686.
1939 c. 82.
 
    (c)  any scheme made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or the Polish Resettlement Act 1947 applying the provisions of any such order as is referred to in paragraph (a),
1939 c. 83.
1947 c. 19.
 
    (d)  the order made under section 1(5) of the Ulster Defence Regiment Act 1969 concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment.")
1969 c. 65.
  
BY THE LORD GOODHART
THE EARL RUSSELL
THE LORD ADDINGTON
 
42*     Insert the following new Clause-- 
     ("  .--(1)  The Social Security Act 1986 shall be amended as follows.
 
    (2)  For section 19 (additional pensions: supplementary) there shall be substituted--
 
 "Additional pensions: supplementary.19.--(1)  The additional pension falling to be calculated under section 6 of the Social Security Pensions Act 1975 by virtue of the following provisions-- 
  
    (a)  section 7 (rate of widow's Category B retirement pension);
 
  
    (b)  section 8 (Category B retirement pension for widower);
 
  
    (c)  section 13 (rate of widowed mother's allowance and widow's pension); and
 
  
    (d)  section 16(4) (invalidity pension for widowers),
 
 
      shall be one half of the amount so calculated if the deceased spouse died after 5th April 2010.
 
     (2)  In paragraph 4 of Schedule 1 to that Act-- 
  
    (a)  the words "Subject to sub-paragraph (2A) below where" shall be substituted for the word "Where" in sub-paragraphs (1) and (2); and
 
  
    (b)  the following sub-paragraph shall be inserted after sub-paragraph (2)--
 
 
          (2A)  If a married person dies after 5th April 2010, the rate of the retirement pension for that person's widow or widower shall be increased by an amount equivalent to the sum of--
      (a)  the increase in the basic pension to which the deceased spouse was entitled; and
      (b)  one-half of the increase in the additional pension."
 
     (3)  In sub-paragraph (1) of paragraph 4A of that Schedule after the word "increased" there shall be inserted the words ", subject to sub-paragraph (1A) below, ".
 
    (4)  The following sub-paragraph shall be inserted after sub-paragraph (1)--
 
 
          (1A)  Where the husband dies after 5th April 2010, sub-paragraph (1) shall have effect in relation to his widow as if for the words "the following amounts--
      (i)  one-half of the appropriate amount after it has been reduced by the amount of any increases under section 37A of this Act; and
      (ii)  one-half of any increase to which he had been entitled under this paragraph.".
 
     (5)  In sub-paragraph (2), after the word "increased" there shall be inserted the words ", subject to sub-paragraph (2A) below,".
 
    (6)  The following sub-paragraph shall be inserted after sub-paragraph (2)--
 
 
          (2A)  Where the wife dies after 5th April 1989, sub-paragraph (2) above shall have effect as if for the words from "an amount", in the first place where those words occur, to the end there were substituted--
      (a)  if she dies before 6th April 2010, the words "an amount equal to the sum of--
      (i)  that increase, so far as attributable to employment before 6th April 1988;
      (ii)  one-half of that increase so far as attributable to employment 5th April 1988;
      (iii)  the appropriate amount reduced by the amount of any increases under section 37A of this Act; and
      (iv)  any increase to which she had been entitled under this paragraph."; and
      (b)  if she dies after 5th April 2010, the words "an amount equal to the sum of--
      (i)  one-half of that increase so far as attributable to employment before 6th April 1988;
      (ii)  one-half of the appropriate amount after it has been reduced by the amount of any increases under section 37A of this Act; and
      (iii)  one-half of any increase to which she had been entitled under this paragraph"".)
Full SERPS entitlement for widows.
43*     Insert the following new Clause-- 
     ("  .--(1)  The Social Security Act 1986 shall be amended as follows.
 
    (2)  Section 19 (additional pensions: supplementary) shall cease to have effect")
Repeal of halving of additional pension entitlement.
44*     Insert the following new Clause-- 
     ("  .--(1)  The Social Security Act 1986 shall be amended as follows.
 
    (2)  For section 19 (additional pensions: supplementary) there shall be substituted--
 
 "Additional pensions: supplementary.19.--(1)  The additional pension falling to be calculated under section 6 of the Social Security Pensions Act 1975 by virtue of the following provisions-- 
  
    (a)  section 7 (rate of widow's Category B retirement pension);
 
  
    (b)  section 8 (Category B retirement pension for widower);
 
  
    (c)  section 13 (rate of widowed mother's allowance and widow's pension); and
 
  
    (d)  section 16(4) (invalidity pension for widowers),
 
 
      shall be nine tenths of the amount so calculated if the deceased spouse died after 5th April 2000, and shall continue to decrease by one tenth of the amount so calculated each year only until 5th April 2004 after which the amount paid shall be one-half of the original amount so calculated.
 
     (2)  In paragraph 4 of Schedule 1 to that Act-- 
  
    (a)  the words "Subject to sub-paragraph (2A) below where" shall be substituted for the word "Where" in sub-paragraphs (1) and (2); and
 
  
    (b)  the following sub-paragraph shall be inserted after sub-paragraph (2)--
 
 
          (2A)  If a married person dies after 5th April 2000, the rate of the retirement pension for that person's widow or widower shall be increased by an amount equivalent to the sum of--

      (a)  the increase in the basic pension to which the deceased spouse was entitled; and

      (b)  nine tenths of the increase in the additional pension, and shall continue to decrease by one tenth of the amount so calculated each year only until 2004 when the amount paid shall be one-half of the original increase in the additional pension."
 
     (3)  In sub-paragraph (1) of paragraph 4A of that Schedule after the word "increased" there shall be inserted the words ", subject to sub-paragraph (1A) below,".
 
    (4)  The following sub-paragraph shall be inserted after sub-paragraph (1)--
 
 
          (1A)  Where the husband dies after 5th April 2000, sub-paragraph (1) shall have effect in relation to his widow as if for the words "the following amounts--

      (i)  nine tenths of the appropriate amount and shall continue to decrease by one tenth of the amount so calculated each year only until 2004 when the amount paid shall be one-half of the original appropriate amount after it has been reduced by the amount of any increases under section 37A of this Act; and

      (ii)  nine tenths of any increase and shall continue to decrease by one tenth of the amount so calculated each year only until 2004 when the amount paid shall be one-half of any increase to which he had been originally entitled under this paragraph."."
 
     (5)  In sub-paragraph (2), after the word "increased" there shall be inserted the words ", subject to sub-paragraph (2A) below,".
 
    (6)  The following sub-paragraph shall be inserted after sub-paragraph (2)--
 
 
          (2A)  Where the wife dies after 5th April 1989, sub-paragraph (2) above shall have effect as if for the words from "an amount", in the first place where those words occur, to the end there were substituted--

      (a)  if she dies before 6th April 2000, the words "an amount equal to the sum of--

      (i)  that increase, so far as attributable to employment before 6th April 1988;

      (ii)  one-half of that increase so far as attributable to employment before 5th April 1988;

      (iii)  the appropriate amount reduced by the amount of any increases under section 37A of this Act; and

      (iv)  any increase to which she had been entitled under this paragraph."; and

      (b)  if she dies after 5th April 2000, the words "an amount equal to the sum of--

      (i)  nine tenths of that increase and shall continue to decrease by one tenth of that increase each year only until 2004 when the amount paid shall be one-half of that original increase so far as attributable to employment before 6th April 1988;

      (ii)  nine tenths of the appropriate amount after it has been reduced by the amount of any increases under section 37A of this Act and shall continue to decrease by one tenth of the original appropriate amount each year only until 2004 when the amount paid shall be one-half of the original appropriate amount after it has been reduced by the amount of any increases under section 37A of this Act; and

      (iii)  nine tenths of any increase to which she had been entitled under this paragraph, and shall continue to decrease by one tenth of the original amount each year only until 2004 when the amount paid shall be one-half of any increase to which she had been originally entitled under this paragraph"."."")
Phasing in of cut in additional pension payments to widows.
  
Clause 19
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
45     Page 24, line 31, leave out ("have effect") and insert ("not have effect until the Law Commission have undertaken a review of the Matrimonial Causes Act 1973 and have reported on the extent to which it is appropriate to give legal force to pre-nuptial agreements.") 
     The above-named Lords give notice of their intention to opppose the Question that Clause 19 stand part of the Bill. 
 
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