Social Welfare Consolidation Act 2005
Increases (including increase for one of a couple).
[1993 s137]
157.—(1) Subject to subsection (2) and section 159, the weekly rate of F945[State pension (non-contributory)] payable in accordance with section 156 shall be increased—
(a) by the amount calculated in accordance with Part 2 of Schedule 4 where the beneficiary is living with, or is wholly or mainly maintaining, his or her spouse F946[, civil partner or cohabitant], subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this paragraph in respect of more than one person,
(b) by the amount set out in column (6) of Part 1 of Schedule 4 where the beneficiary is living alone,
(c) by the amount set out in column (7) of Part 1 of Schedule 4 where the beneficiary has attained the age of 80 years, and
(d) by the amount set out in column (8) of Part 1 of Schedule 4 where the beneficiary is ordinarily resident on an island.
[2001 s24(2)(b)]
F947[(2) An increase under subsection (1)(a) shall not be payable where the spouse F946[, civil partner or cohabitant] is—
(a) in receipt of any benefit, pension, assistance or allowance under Part 2 or this Part, or
(b) entitled to or in receipt of an allowance in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme, or
(c) entitled to or in receipt of an allowance in respect of participation in a scheme administered by the Minister and known as—
(i) Back to Education Allowance, or
(ii) Back to Work Allowance, or
(iii) Back to Work Enterprise Allowance, or
(iv) Part-Time Job Incentive.]
F948[(3) The amount of the increase of pension referred to in subsection (1)(a), in respect of any claim for State pension (non-contributory) made after 24 September 2007, shall be paid—
(a) directly to the spouse F946[, civil partner or cohabitant] concerned, or
(b) to such other person as may be nominated by the spouse F946[, civil partner or cohabitant] for the purpose of receiving the increase of pension referred to in subsection (1)(a) on behalf of the spouse F946[, civil partner or cohabitant].]
F948[(4) Where a beneficiary ceases to be entitled to State pension (non-contributory) the payment to a spouse F946[, civil partner or cohabitant] of the increase of pension referred to in subsection (1)(a) shall also cease.]
Annotations
Amendments:
F945
Substituted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 17 and sch. 3, S.I. No. 334 of 2006.
F946
Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 24, S.I. No. 673 of 2010.
F947
Substituted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 16(1)(d), S.I. No. 334 of 2006.
F948
Inserted (1.11.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 14(d), S.I. No. 749 of 2007.
Editorial Notes:
E1062
Previous affecting provision: subs. (1)(a) amended by Social Welfare Consolidation Act 2005 (26/2005), s. 364 and sch. 6 para. 2, not commenced; repealed (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 21(a), commenced on enactment.
