The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979

11.—(1) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979(1) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 1(2), for the entry relating to “period of deferment” there shall be substituted the following entry–

• ““period of enhancement” has the meaning assigned to it in paragraphs 2(2) and 5(1) of Schedule 1 to the Pensions Act, as amended by sub-paragraphs (3) and (9) respectively of paragraph 3 of Schedule 1 to the Social Security Act 1989”(2).

(3) In regulation 2(1) (election to be treated as not entitled) the words in sub-paragraph (a) “retired from regular employment or has otherwise”, and the words “retired or” shall be omitted.

(4) In regulation 3 (provisions applying after election)–

(a) in paragraph (a), the words “becomes entitled to a Category A or Category B retirement pension” shall be substituted for the words “retires from regular employment”;

(b) in paragraph (b), the words “in accordance with section 29(4) of the Act” shall be substituted for the words “otherwise than by virtue of having retired from regular employment”; and

(c) in paragraph (c), the words “retires from regular employment and” shall be omitted.

(5) In regulation 4 (days to be treated as days of increment)–

(a) in paragraph (1), the words “period of enhancement” shall be substituted for the words “period of deferment”;

(b) for sub-paragraph (a) of that paragraph, there shall be substituted the following sub-paragraph–

“(a) if that person had not deferred his entitlement to a Category A or Category B retirement pension, or, in the case of a married woman and her Category B retirement pension or section 10(2) increase, if both she and her husband had not deferred their entitlement to, respectively, a Category A and a 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”; and

(c) in paragraph (2)(i) the words “period of enhancement” shall be substituted for the words “period of deferment” and in paragraph (2)(ii) the words “deferred entitlement” shall be substituted for the words “deferred retirement”.

(6) In regulation 5 (which modifies Schedule 1 to the Social Security Pensions Act 1975(3))–

(a) in paragraphs (1) and (3), the words “period of enhancement” shall be substituted for the words “period of deferment” in each place where those words occur;

(b) in paragraph (1), the words “if his entitlement to the pension had commenced on the day on which he attained pensionable age” shall be substituted for the words “if he had retired from regular employment on attaining pensionable age”;

(c) in paragraph (3), the words “his entitlement arose” shall be substituted for the words “that of his retirement”; and

(d) in paragraph (4) the words “if he had retired” shall be omitted.

(7) In regulation 11 (Category C retirement pensions for widows of men over pensionable age on 5th July 1948), sub-paragraph (b) in both paragraph (1) and paragraph (3) shall be omitted.

(8) In regulation 12 (Category C retirement pension for certain women whose marriage has been terminated otherwise than by death), in paragraph (1), sub-paragraph (b) shall be omitted and in paragraph (4), the words from “so however that” to the end of the paragraph shall be omitted.

(1)

S.I. 1979/642.

(2)

1989 c. 24.

(3)

1975 c. 60.