Social Security (Widow's Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979
| Year | 1979 |
1979 No. 643
SOCIAL SECURITY
The Social Security (Widow's Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 197911thJune 1979
19thJune 1979
10thJuly 1979
ARRANGEMENT OF REGULATIONS
1. Citation and commencement.
2. Interpretation.
3. Modifications of the Act and the Pensions Act in their application to pre-1975 beneficiaries and pre-1975 contributors.
4. Benefit in respect of events or for periods commencing before 6th April 1975.
5. Provision of alternative rights to benefit.
6. Modifications relating to the first contribution condition for widowed mother's allowance, widow's pension and Category A and B retirement pension.
7. Modifications relating to the second contribution condition for widowed mother's allowance, widow's pension and Category A and B retirement pension.
8. Modifications relating to the contribution condition for child's special allowance.
9. Modifications in respect of claims and questions relating to persons who attained pensionable age before 6th April 1975 but who retire thereafter.
10. Modifications relating to increases of retirement pension for deferred retirement.
11. Modifications in respect of increases of retirement pension relating to persons who attained pensionable age before 6th April 1979 but who retire thereafter.
12. Provision relating to increase of retirement pension where pensioner's deceased spouse had deferred retirement.
13. Provision relating to treatment of reckonable years.
14. Provision relating to Category B retirement pension for widowers.
15. Provision relating to widow's election to be treated as not having retired.
16. Provision relating to increase under Schedule 1 to the Pensions Act of married woman's Category B retirement pension.
17. Alternative benefit rights in place of widow's basic pension.
18. Alternative benefit rights in place of contributory old age pension.
19. Provision relating to widow's pension for certain widows incapable of self-support by reason of an infirmity.
20. Revocations.
SCHEDULES
SCHEDULE 1—Alternative rights to benefit.
SCHEDULE 2—Regulations revoked.
The Secretary of State for Social Services, in exercise of the powers conferred upon him by section 2 of, and paragraphs 3, 4, 5, 7 and 9 of Schedule 3 to, the Social Security (Consequential Provisions) Act 1975(a) and section 63 of the Social Security Pensions Act 1975(b) and of all other powers enabling him in that behalf, hereby makes the following regulations which only consolidate other regulations herein revoked and which, accordingly, by virtue of paragraph 20 of Schedule 15 to the Social Security Act 1975(c), are not subject to the requirement of section 139(1) of that Act for prior reference to the National Insurance Advisory Committee:—
Citation and commencement
1. These regulations may be cited as the Social Security (Widow's Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979 and shall come into operation on 10th July 1979.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires:—
"the Act" means the Social Security Act 1975;
"the former principal Act" means the National Insurance Act 1965(d);
"the Pensions Act" means the Social Security Pensions Act 1975;
"contribution week" means a period of 7 days beginning with midnight between Sunday and Monday;
"the Contributory Pensions Acts" means the Widows', Orphans' and Old Age Contributory Pensions Acts 1936 to 1941;
"pre-1975 beneficiary" means—
(a) a person to or in respect of whom benefit under the former principal Act (including such benefit, pension or allowance as is
(a) 1975 c. 18.
(b) 1975 c. 60.
(c) 1975 c. 14.
(d) 1965 c. 51.
mentioned in paragraph 17(2)(b) of Schedule 11 to that Act is, or but for a disqualification or forfeiture would be, payable immediately before 6th April 1975; and
(b) a person who immediately before that date had a prospective right to, or expectation of, such benefit;
"pre-1975 contribution" means a contribution of any class paid under the former principal Act in respect of a week before the contributor concerned attained pensionable age and also means—
(a) in relation to widowed mother's allowance, widow's pension, child's special allowance and a Category B retirement pension to which a woman is entitled by virtue of section 29(5) of the Act, a contribution paid under the Contributory Pensions Acts by a pre-1948 contributor in respect of a period between the date of the contributor's last entry into insurance under those Acts and 5th July 1948 and paid for purposes which included widows' and orphans' pensions purposes; and
(b) in relation to a Category A retirement pension or a Category B retirement pension, other than such a pension as is referred to in the preceding sub-paragraph, a contribution paid under the Contributory Pensions Acts by a pre-1948 contributor in respect of a period between the date of his last entry into insurance under those Acts and 5th July 1948 and paid for purposes which included old age pensions purposes;
"pre-1975 contributor" means a person who was insured under the former principal Act;
"pre-1948 contributor" means a person who, within the prescribed time referred to in paragraph 17(1)(a) of Schedule 11 to the former principal Act, was, or was deemed to be, or was treated as insured under the Contributory Pensions Acts;
"reckonable year" for the purposes of the contribution conditions for any benefit means a tax year before 6th April 1978 in which the contributor concerned paid or was credited with contributions of a relevant class and the earnings factor derived from those contributions amounted to not less than that year's lower earnings limit multiplied by 50;
"year" means tax year.
(2) Any reference in these regulations to a pre-1975 beneficiary who is entitled to benefit under the former principal Act shall include a person who but for any disqualification or forfeiture would be entitled to such benefit; and where, on or after 6th April 1975, a person is, by virtue of these regulations, entitled to benefit under the Act or the Pensions Act, such entitlement shall be subject to any disqualification or forfeiture and subject to any reduction in the rate of benefit payable to which that person's entitlement to benefit under the former principal Act would have been subject if that Act had continued on or after 6th April 1975.
(3) For the purposes of these regulations a person who has obtained a decree absolute of presumption of death and dissolution of marriage under the Matrimonial Causes Act 1973(a) shall, notwithstanding that the spouse
(a) 1973 c. 18.
whose death has been presumed is dead, be treated as a person whose marriage has been terminated otherwise than by the death of his spouse unless the date of his death is established to the satisfaction of the Secretary of State, a Commissioner, a local tribunal or an insurance officer, whichever is appropriate; and, in relation to a person who is so treated, the marriage in question shall be treated as having been terminated on the date of the decree absolute.
Modifications of the Act and the Pensions Act in their application to pre-1975 beneficiaries and pre-1975 contributors
3. In relation to pre-1975 beneficiaries and pre-1975 contributors the provisions of the Act and the Pensions Act and the orders and regulations for the time being in force thereunder shall have effect subject to the modifications made by these regulations.
Benefit in respect of events or for periods commencing before 6th April 1975
4. Where, on or after 6th April 1975, a person claims, in respect of an event falling or for a period commencing before 6th April 1975, benefit under the former principal Act of a description specified in Column (1) of Schedule 1 to these regulations, the claim shall, subject to the provisions of regulation 5, be determined as respects such event or for such period as if the provisions of the former principal Act and the enactments specified in the third column of Schedule 1 to the Social Security (Consequential Provisions) Act 1975 covering entitlement to such benefit had continued in force in place of the provisions of the Act and the Pensions Act covering entitlement to benefit of a corresponding description.
Provision of alternative rights to benefit
5.—(1) Subject to regulation 2(2) where, immediately before 6th April 1975, a pre-1975 beneficiary was entitled to benefit under the former principal Act of a description specified in Column (1) of Schedule 1 to these regulations or to any increase of such benefit for a child or adult dependant, he shall as from that date be entitled, without any claim being made therefor, or award being made thereof, to benefit under the Act or the Pensions Act of a description set out in Column (2) of that Schedule opposite the said benefit under the former principal Act specified in Column (1) as if such benefit had been claimed and awarded under the Act or the Pensions Act, and to any increase of such benefit for a child or adult dependant to which he may be entitled under or by virtue of those Acts.
(2) Where, immediately before 6th April 1975, a woman was entitled to a widow's pension under the...
To continue reading
Request your trial