NATIONAL INSURANCE (PENSIONS, EXISTING BENEFICIARIES AND OTHER PERSONS) (TRANSITIONAL) REGULATIONS, 1948.
| Jurisdiction | UK Non-devolved |
1948 No. 55
NATIONAL INSURANCE
(3) Pensions (Existing Beneficiaries and Other Persons)
THE NATIONAL INSURANCE (PENSIONS, EXISTING BENEFICIARIES AND OTHER PERSONS) (TRANSITIONAL) REGULATIONS, 1948.13thJanuary 1948
20thJanuary 1948
23rdJanuary 1948
109.
9 & 10 Geo. 6. c. 67.
The Minister of National Insurance, acting in conjunction with the Treasury, in exercise of the powers conferred by section 65 of the National Insurance Act, 1946, and of all other powers enabling him in that behalf, hereby makes the following regulations:—
PART I
GENERAL
Citation, commencement and interpretation.
1.—(1) These regulations may be cited as the National Insurance (Pensions, Existing Beneficiaries and Other Persons) (Transitional) Regulations, 1948, and shall come into operation on the 23rd January, 1948.
(2) In these regulations, unless the context otherwise requires—
"the Act" means the National Insurance Act, 1946;
"The Contributory Pensions Acts" means the Widows', Orphans' and Old Age Contributory Pensions Acts, 1936 to 1941;
"the Contributory Pensions Act of 1936" means the Widows', Orphans' and Old Age Contributory Pensions Act, 1936;
"the Contributory Pensions Act of 1937" means the Widows', Orphans' and Old Age Contributory Pensions (Voluntary Contributors) Act, 1937;
2 & 3 Geo. 6. c. 84.
"the Contributory Pensions Act of 1939" means the National Health Insurance and Contributory Pensions (Emergency Provisions) Act, 1939;
"the Family Allowances Act" means the Family Allowances Act, 1945;
"the Increase of Pensions Regulations" means the National Insurance (Increase of Contributory Pensions) Regulations, 1946(a), or the National Insurance (Increase of Old Age Pensions) Regulations, 1946(b), as the case may require;
"the Minister" means the Minister of National Insurance;
"existing widow pensioner" means an existing beneficiary, being a woman, who immediately before the appointed day(c) was, or but for any disqualification would have been, entitled to a widow's pension under the Contributory Pensions Acts;
"existing old age pensioner" means an existing beneficiary who immediately before the appointed day was entitled to an old age pension under or by virtue of the Contributory Pensions Acts;
and other expressions have the same meanings as in the Act.
(3) Reference in these regulations to any enactment or regulations shall include references to such enactment or regulations as amended by any subsequent enactment, order or regulations.
(4) The Interpretation Act, 1889, applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
Modification of the Act in its application to existing beneficiaries and certain existing contributors.
2. In relation to existing beneficiaries who immediately before the appointed day are, or but for any disqualification or forfeiture would be, entitled to a pension or allowance under or by virtue of the Contributory Pensions Acts, or then have, otherwise than as existing contributors or in respect of the insurance of existing contributors, any prospective right to or expectation of a pension or allowance under or by virtue of those Acts and in relation to the existing contributors mentioned in Part III of these regulations, the provisions of the Act and the orders and regulations for the time being in force thereunder shall have full force and effect subject to the modifications contained in these regulations.
Descriptions of additional benefits to be included in benefit under the Act.
3.—(1) Subject to the provisions of these regulations, there shall be included in the descriptions of benefit under the Act benefit of the following descriptions:—
(a) widow's basic pension;
(b) child's allowance;
(c) orphan's pension;
(d) contributory old age pension.
(a) S.R. & O. 1946 No. 1508, p. 246 below.
(b) S.R. & O. 1946 No. 1604, p. 266 below.
(c) 5th July, 1948; see S.I. 1948 No. 54, p. 1 above.
(2) Subject as aforesaid, for the purposes of the provisions of the Act and the orders and regulations for the time being in force thereunder, a widow's basic pension shall be treated as widow's benefit, a child's allowance or an orphan's pension shall be treated as guardian's allowance, and a contributory old age pension shall be treated as retirement pension:
Provided that—
(a) a widow's basic pension shall not be so treated for the purposes of the provisions of subsection (3) of section 18 of the Act (which subsection relates to widow's pensions for widows who would otherwise cease to be entitled to widow's benefit), paragraph (b) of subsection (1) and subsection (6) of section 21 thereof (which paragraph and subsection respectively relate to retirement pensions for widows in receipt of widow's benefit immediately before attaining pensionable age and for widows not so in receipt of widow's benefit), and subsection (3) of section 28 thereof (which subsection also relates to retirement pensions for widows in receipt of widow's benefit);
(b) a contributory old age pension shall not be so treated for the purposes of the provisions of subsection (5) of section 20 and subsection (3) of section 21 of the Act (which provisions relate to the reduction of retirement pension in respect of earnings), and of sections 23 and 24 of the Act (which sections relate to increases of benefit in respect of children and adult dependants respectively);
(c) a child's allowance and an orphan's pension shall not be so treated for the purpose of subsection (2) of section 19 of the Act (which subsection relates to the person to receive a guardian's allowance) in any case unless the Minister so determines.
PART II
PROVISIONS RELATING TO EXISTING BENEFICIARIES
Certain existing widow pensioners under the Contributory Pensions Acts to be entitled to widowed mothers' allowances, widows' pensions, etc.
4.—(1) Subject to the provisions of the Act and of these regulations, an existing widow pensioner shall as from the appointed day be entitled to a widowed mother's allowance for any period for which she has a family which includes a child in respect of whom immediately before that day an additional allowance under the Contributory Pensions Acts was payable by virtue of her husband's insurance, or a child who, or children one of whom, either was at the husband's death a child of his family or is a son or daughter of theirs.
(2) Subject as aforesaid, an existing widow pensioner, who on the appointed day has not attained pensionable age and is by reason of any infirmity incapable of self-support(a), shall as from that day be entitled to a widow's pension for any period before she attains pensionable age during which she is incapable of self-support by reason of that infirmity and is not entitled to a widowed mother's allowance.
(3) For the purposes of section 18 of the Act (which section relates to widows' pensions in special cases) a widow's pension which is payable
(a) See s. 78 (1), National Insurance Act, 1946, and s. 35 (5) (a), National Insurance (Industrial Injuries) Act, 1946 (9 & 10 Geo. 6. c. 62).
by virtue of the foregoing paragraph of this regulation shall be treated as if it were a pension payable by virtue of subsection (3) of that section, and the provisions of that section and of section 21 of the Act (which section relates to retirement pensions for women by virtue of their husbands' insurance) shall, subject to the provisions of these regulations, apply to a widow to whom a widowed mother's allowance or a widow's pension is payable by virtue of this regulation as if her husband had satisfied the relevant contribution conditions:
Provided that—
(a) for the purpose of applying the provisions of subsections (1) to (3) of the said section 18 to any such widow, she shall be treated as if she were a widow in relation to whom the conditions of paragraph (c) of subsection (1) of section 17 of the Act (which paragraph relates to the conditions for widow's pension) were not satisfied;
(b) for the purpose of applying the provisions of subsection (1) of the said section 21 to an existing widow pensioner who has attained pensionable age on the appointed day, and who ceases to be entitled to a widowed mother's allowance payable to her by virtue of this regulation, she shall be treated as if she were a widow who was immediately before attaining pensionable age entitled to widow's benefit in respect of the death of her husband.
Conversion of widow's pension under...
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