Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979
1979 No. 642
SOCIAL SECURITY
The Social Security (Widow's Benefit and Retirement Pensions) Regulations 197911thJune 1979
19thJune 1979
10thJuly 1979
ARRANGEMENT OF REGULATIONS
1. Citation, commencement and interpretation.
2. Election to be treated as not having retired.
3. Provisions applying after election.
4. Days to be treated as days of increment.
5. Modification of paragraph 2(1) to (3) of Schedule 1 to the Pensions Act.
6. Benefit at reduced rates for those who do not satisfy the contribution conditions in full.
7. Category B retirement pension for certain widows by virtue of husband's contributions.
8. Substitution of former spouse's contribution record to give entitlement to a Category A retirement pension.
9. Conditions for entitlement to a Category C retirement pension.
10. Conditions for entitlement to a Category D retirement pension.
11. Category C retirement pension for widows of men over pensionable age on 5th July 1948.
12. Category C retirement pension for certain women whose marriage has been terminated otherwise than by death.
13. Benefit corresponding to a widow's pension for widows of men over pensionable age on 5th July 1948.
14. Benefit corresponding to a widowed mother's allowance for widows of men over pensionable age on 5th July 1948.
15. Restriction on benefit under regulations 13 and 14 in certain cases.
16. Provision in relation to entitlement to child benefit for the purposes of a widowed mother's allowance.
17. Provisions relating to age addition for persons not in receipt of a retirement pension.
18. Revocations.
SCHEDULES
SCHEDULE 1. Method of treating former spouse's contributions as those of the beneficiary so as to entitle him to a Category A retirement pension.
SCHEDULE 2. Regulations revoked.
The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 29(5), 30(3), 33, 39(1) and (4), 40(2), 85(1) and 162 of, and Schedule 20 to, the Social Security Act 1975(a), section 20 of, and paragraphs 2(2)(a) and 3 of Schedule 1 to, 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 the regulations herein revoked and which accordingly, by virtue of paragraph 20 of Schedule 15 to the Social Security Act 1975, are not subject to the requirement of section 139(1) of that Act for prior reference to the National Insurance Advisory Committee:—
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 and shall come into operation on 10th July 1979.
(2) In these regulations, unless the context otherwise requires—
"the Act" means the Social Security Act 1975;
"the Pensions Act" means the Social Security Pensions Act 1975;
"home responsibilities year" means a year in which the person in question was precluded from regular employment by responsibilities at home within the meaning of the Social Security Pensions (Home Responsibilities and Miscellaneous Amendments) Regulations 1978(c);
"husband", "wife" or "spouse" in relation to any person who has been married more than once means the last husband, last wife or last spouse respectively;
"a period of at least 10 years" means a period of, or periods amounting in the aggregate to, at least 3,652 days;
"period of deferment" has the meaning assigned to it in paragraphs 2(2)(b) and 5(1) of Schedule 1 to the Pensions Act;
"qualifying year" in relation to any person means a year for which his earnings factor is sufficient for satisfaction of paragraph (b) of the second contribution condition specified in paragraph 5 of Schedule 3 to the Act, but not including (except for the purposes of regulation 6) a year which is treated as such a year by virtue of regulation 8(4) and not including any home responsibilities year;
"the determining authority" means, as the case may require, an insurance officer, a local tribunal or a Commissioner;
"section 9(2), 9(3) or 10(2) increase" means an increase under section 9(2), 9(3) or 10(2), respectively, of the Pensions Act of a person's Category A retirement pension attributable to his spouse's contributions;
"Service Pensions Instrument" means a provision and only a provision of any Royal Warrant, Order in Council or other instrument (not being a 1914-1918 War Injuries Scheme) under which a disablement pension (not including a pension calculated or determined by reference to length of service)
(a) 1975 c. 14.
(b) 1975 c. 60, as amended by s. 3(1) of the Social Security (Miscellaneous Provisions) Act 1977 (c. 5).
(c) S.I. 1978/508.
may be paid out of public funds in respect of any disablement, wound, injury or disease due to service in the naval, military or air forces of the Crown or in any nursing service or other auxiliary service of any of the said forces or in the Home Guard or in any other organisation established under the control of the Defence Council or formerly established under the control of the Admiralty, the Army Council, or the Air Council;
"1914-1918 War Injuries Scheme" means any scheme made under the Injuries in War (Compensation) Act 1914(a) or under the Injuries in War Compensation Act 1914 (Session 2)(b) or any Government scheme for compensation in respect of persons injured in any merchant ship or fishing vessel as the result of hostilities during the 1914-1918 war;
"unemployability supplement" has the extended meaning assigned to it in regulation 2 of the Social Security (Overlapping Benefits) Regulations 1979(c) and further includes benefit corresponding to an unemployability supplement by virtue of regulations under section 159(3)(a) of the Act;
"year" means tax year.
(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(d) shall, notwithstanding that the spouse 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 or the determining authority, 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.
(4) For the purposes of regulations 11(1)(d), 12(3) and 13(2) a person shall be deemed to be, or to have been, entitled to a pension or benefit if he would have been so entitled had he made a claim for it.
Election to be treated as not having retired
2.—(1) Subject to the provisions of these regulations, where any person (other than one mentioned in paragraph (2))—
(a) has retired from regular employment or has otherwise become entitled to either a Category A or a Category B retirement pension but is, in the case of a woman, under the age of 65 or, in the case of a man, under the age of 70; and
(b) elects that this regulation shall apply in his case,
the Act shall have effect as if that person had not retired or become entitled as aforesaid.
(2) Paragraph (1) shall not apply to:—
(a) a person who has previously made such an election;
(b) in relation to a Category A retirement pension, a husband whose wife is entitled, by virtue of his contributions, to a Category B retirement pension or a section 10(2) increase and who does not consent to his election, unless that consent is unreasonably withheld.
(3) Notice of election for the purpose of this regulation shall be given to the Secretary of State in writing on the form approved by him for the purpose, or in
(a) 1914 c. 30.
(b) 1914 c. 18.
(c) S.I. 1979/597.
(d) 1973 c. 18.
such other manner, being in writing, as he may accept as sufficient in the circumstances of any particular case or class of cases; and if any such notice is sent by post, it shall be deemed to have been given on the date it was posted.
(4) Subject to paragraphs (5) and (6) an election shall take effect—
(a) where the notice does not specify a date as the date of the person's election, on the date on which the notice is given; or
(b) where the notice specifies a date as the date of the person's election, being not earlier than the date on which the notice is given and not later than the expiration of 28 days after that date, on the date so specified.
(5) In the case of a man whose wife is entitled, by virtue of his contributions, to a Category B retirement pension or a section 10(2) increase—
(a) if she consents in writing to the election, the election shall not take effect earlier than the date of her consent; or
(b) if she does not so consent and the determining authority decides that her consent has been unreasonably withheld, the election shall take effect in accordance with the provisions of paragraph (4) or on such later date (if any) as that authority, having regard to all the circumstances of the case, may determine.
(6) Where a woman entitled to a Category B retirement pension under section 29(4) of the Act has, on or after 6th April 1979, made an election and has not revoked it, then, for the purpose only of determining her right to increments under paragraph 2 of Schedule 1 to the Pensions Act, her election shall be treated as if it took effect from 6th April 1979 or, if later, the date of the death of her husband by virtue of whose contributions she is so entitled.
Provisions applying after election
3. Where an election has been made in accordance with regulation 2—
(a) subject to the provisions of regulations made under section 81(2)(a) of the Act (adjustment to prevent payments for periods of less than a week or at different rates for different parts of a week), no Category A or B retirement pension shall be payable to a person and no Category B retirement pension or section 10(2) increase shall be payable to a man's wife by virtue of his contributions for any period on or after the date...
To continue reading
Request your trial