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The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979

Type Statutory-Instrument

Publication 1979-06-11

State In force

Department Westlaw

Source legislation.gov.uk

Reform history JSON API PDF

Made: 11th June 1979

Laid before Parliament: 19th June 1979

Coming into Operation: 10th July 1979

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, section 20 of, and paragraphs 2(2)(a) and 3 of Schedule 1 to, the Social Security Pensions Act 1975[^f00001] 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;

“bereavement allowance” means an allowance awarded in accordance with section 39B of the Social Security Contributions and Benefits Act 1992 (as in force immediately before it was repealed by paragraph 13 of Schedule 16 to the Pensions Act 2014);

“civil partner” in relation to any person who has been in a civil partnership more than once means the last civil partner;

“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;

“the determining authority" means, as the case may require, the Secretary of State, the First-tier Tribunal or the Upper Tribunal;

“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) 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;

“shared additional pension” means a shared additional pension under section 55A or 55AA of the Social Security Contributions and Benefits Act 1992;

“1914-1918 War Injuries Scheme” means any scheme made under the Injuries in War (Compensation) Act 1914 or under the Injuries in War Compensation Act 1914 (Session 2) 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 and further includes benefit corresponding to an unemployability supplement by virtue of regulations under section 159(3)(a) of the Act;

“widowed mother’s allowance” means an allowance referred to in section 37 of the Social Security Contributions and Benefits Act 1992 (widowed mother’s allowance: deaths before 9 April 2001);

“widowed parent’s allowance” means an allowance referred to in section 39A of the Social Security Contributions and Benefits Act 1992;

“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 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 determining authority...; 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.

(3A) For the purposes of regulation 8 of these Regulations, where, before the coming into force of the Nullity of Marriages Act 1971 a decree of nullity was granted in relation to a person on the ground that the marriage was voidable, that person shall be treated as a person whose marriage has been terminated by divorce from the date on which that decree was made 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 ... become entitled to either a Category A or a Category B retirement pension or a shared additional pension ...; and

(b) elects that this regulation shall apply in his case,

the Act shall have effect as if that person had not ... become entitled as aforesaid.

(2) Paragraph (1) shall not apply to a person who has previously made such an election.

(3) Notice of election for the purposes of this regulation may be given by telephone call to the telephone number specified by the Secretary of State unless the Secretary of State directs in any particular case that the notice ... must be given in writing.

(4) Subject to paragraph (6), an election shall take effect–

(a) on the date on which it is given; or

(b) on such other date specified by the person making the election, being no earlier than the date on which it is given and no later than 28 days after the date on which it is given.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 or a shared additional pension shall be payable to a person ... for any period on or after the date of his election and before he subsequently becomes entitled to a Category A or Category B retirement pension or a shared additional pension or dies; and

(b) where the person who has made the election is a woman who became entitled to a Category B retirement pension in accordance with section 29(4) of the Act, and she revokes her election, she shall cease to be treated as if she had not become entitled to such a retirement pension; ...

Days to be treated as days of increment

4

(1) For the purposes of paragraph 2 of Schedule 1 to the Pensions Act a day shall be treated as a day of increment in relation to any person if it is a day in that person's period of deferment, other than a Sunday, in respect of which—

(a) if that person had not deferred his entitlement to a Category A or Category B retirement pension, ... that person would have been entitled to such a pension (and would not have been disqualified for receiving it by reason of imprisonment or detention in legal custody); and

(b) that person had not received any of the following benefits:—

(i) any benefit under Chapters I and II of Part II of the Act other than child's special allowance, attendance allowance, disability living allowance and guardian's allowance; or

(ii) graduated retirement benefit where that person’s period of deferment ended on or before 5th April 2006; or

(iii) an unemployability supplement; or

(iv) state pension credit under section 1 of the State Pension Credit Act 2002; or

(v) the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;or

(vi) universal credit; and

(c) in the case of a married woman who would have been entitled to a Category B retirement pension or a section 10(2) increase ; and whose period of deferment began before 6th April 2005, her husband had not received an increase of any of the benefits mentioned in paragraph (1)(b) in respect of her and

(d) in the case of a person who would have been entitled to a Category A or Category B retirement pension (“the deferrer”) and whose period of deferment begins on or after 6th April 2005—

(i) no other person has received an increase of any of the benefits mentioned in sub-paragraph (b) in respect of the deferrer; or

(ii) another person has received such an increase in respect of the deferrer and the deferrer is neither married to, or in a civil partnership with, nor residing with, that other person; and

(e) in the case of a person who was a member of a couple, the other member of the couple was not in receipt of—

(i) income support under section 124 of the Social Security Contributions and Benefits Act 1992;

(ii) income-based jobseeker’s allowance under section 1 of the Jobseekers Act 1995;

(iii) state pension credit under section 1 of the State Pension Credit Act 2002; ...

(iv) income-related employment and support allowance under section 1 of the Welfare Reform Act 2007; or

(v) universal credit under Part 1 of the Welfare Reform Act 2012;

(2) Subject to the following paragraph, for the purposes of this regulation, where in respect of any day—

(a) a person has received one or more of the benefits mentioned in paragraph (1)(b) or (c), and

(b) either—

(i) ... the determining authority... has determined that in respect of that day he was not entitled to that benefit; or

(ii) by virtue of the provisions of the Employment Protection (Recoupment of Unemployment Benefit and Supplementary Benefit) Regulations 1977 the Secretary of State has recovered from that person's employer sums on account of a ... jobseeker’s allowance received by that person in respect of that day; and

(c) the whole of the benefit or sum on account of benefit in respect of that day has been repaid or, as the case may be, recovered before the relevant date,

that day shall be treated as a day in respect of which he did not receive that benefit; and in this paragraph “relevant date” means —

(i) where a person's entitlement to increments under paragraph 2 of Schedule 1 to the Pensions Act is in question, the end of his period of deferment; or

(ii) where a person's entitlement to increments under paragraph 4 or 4A of that Schedule in relation to the deferred entitlement of a deceased spouse is in question, the date of the death of that spouse.

(3) Where the benefit or sum on account of benefit in respect of a day to which paragraph (2)(a) and (b) applies is repaid or, as the case may be, recovered on or after the said relevant date, that day shall not be treated as a day in respect of which that person did not receive that benefit until the benefit has been repaid or, as the case may be, sums on account of the benefit have been recovered in respect of all the days to which those sub-paragraphs relate and which fall within the period to which this regulation applies.

(4) For the purposes of paragraph 3 of Schedule 5A to the Social Security Contributions and Benefits Act 1992 a day shall be treated as a day of increment in relation to any person if it is a day in that person’s period of deferment, other than a Sunday, in respect of which if that person had not deferred his entitlement to a shared additional pension he would have been entitled to it (and would not have been disqualified from receiving it by reason of imprisonment or detention in legal custody).

(5) In this regulation—

(a) in paragraph (1), “couple” has the meaning—

(i) apart from in relation to universal credit, given by section 137(1) of the Social Security Contributions and Benefits Act 1992 (interpretation of Part VII and supplementary provisions);

(ii) in relation to universal credit, given by section 39 of the Welfare Reform Act 2012 (couples);

(b) in paragraph (2), “jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions; and

Modification of paragraph 2(1) to (3) of Schedule 1 to the Pensions Act

5

(1) This regulation applies to a person referred to in paragraph 1 of Schedule 1 to the Pensions Act during whose period of deferment there has been an increase, other than an increase made by an order under section 63 of the Social Security Act 1986, in the rate of the Category A or Category B retirement pension to which he would have been entitled if his entitlement to the pension had commenced on the day on which he attained pensionable age.

(2) In relation to a person to whom this regulation applies, paragraph 2(1) to (3) of the said Schedule 1 shall have effect with the additions, omissions and amendments prescribed below.

(3) In paragraph 2(1) for the words after “incremental period” there shall be substituted—

(a) in his period of deferment; and (b) in each period beginning with the day on which an increase in the weekly rate of his pension took place and ending with the day before his entitlement arose.

(4) After paragraph 2(2)(b) there shall be added—

and (c) weekly rate of his pension'* means the weekly rate of the Category A or Category B retirement pension to which that person would have been entitled ... on attaining pensionable age; and (d) *increase' means an increase in the weekly rate of his pension other than an increase made by such an order as is mentioned in sub-paragraph (5) below.

(5) In paragraph 2(3) for the words after “incremental period” there shall be substituted—

(a) in the case of an incremental period specified in paragraph 2(1)(a) above, shall be 1/5th per cent. of the weekly rate of his pension immediately after he attained pensionable age; and (b) in the case of an incremental period specified in paragraph 2(1)(b) above, shall be 1/5th per cent. of that increase.

Benefit at reduced rates for those who do not satisfy the contribution conditions in full

6

(1) Subject to paragraph (2) of this regulation, where the second contribution condition specified in paragraph 5(3) of Schedule 3 to the Act is not satisfied a person shall be entitled to–

(a) widowed mother’s allowance;

(aa) widowed parent’s allowance;

(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) widow’s pension;

(d) Category B retirement pension, provided the percentage of the number of qualifying years in the working life of that person calculated in accordance with paragraph (3B) of this regulation is 25 per cent. or more.

(2) Where a person to whom paragraph (1) alone would otherwise apply is not entitled to benefit under that paragraph because the percentage of the number of qualifying years in his working life, calculated in accordance with paragraph (3B) of this regulation, is less than 25 per cent. but there are one or more surpluses in that person’s earnings factors for the relevant years, that person shall be entitled to–

(a) widowed mother’s allowance;

(aa) widowed parent’s allowance;

(b) widow’s pension;

(d) Category B retirement pension consisting only of the additional pension in that benefit.

(3) Where a person is entitled to benefit under paragraph (1) of this regulation, the benefit payable shall be–

(a) the basic pension in that benefit at a reduced rate calculated in accordance with paragraph (3B) of this regulation as a percentage of the higher of the sums specified in section 6(1)(a) of the Pensions Act; and

(b) any additional pension arising from one or more surpluses in the pensioner’s earnings factors for the relevant years; and

(i) in respect of an adult dependant calculated in accordance with paragraph (3B) of this regulation as a percentage of the appropriate increase specified in Part IV of Schedule 4 to the Act; ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) Where a person is entitled to benefit under paragraph (2) of this regulation, the benefit payable shall be only the additional pension in that benefit.

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