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

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[F1Rate of benefit where the second contribution condition in paragraph 5 of Schedule 3 to the Social Security Contributions and Benefits Act 1992 is not satisfied]

6.—[F2(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;

[F3(aa)widowed parent’s allowance;

F4(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(b)widow’s pension;

(c)Category A retirement pension; or

(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;

[F5(aa)widowed parent’s allowance;]

(b)widow’s pension;

(c)Category A retirement pension; or

(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

(c)any increase of benefit to which he may be entitled under sections F6... 45, 45A, or 46 of the Act–

(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; F7...

F8(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.

(3B) [F9The] percentage referred to in paragraphs (1), (2), (3)(a) and (3)(c)(i) of this regulation shall be ascertained by taking the number of qualifying years in the working life of the contributor concerned, expressing that number as a percentage of the requisite number of years specified for that working life in paragraph 5(4) of Schedule 3 to the Act and rounding up that percentage to the next whole number.]

F10(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where a person is entitled by virtue of this regulation to a Category A retirement pension and also to a section 9(2), 9(3) or 10(2) increase, an uprating order shall have the effect of increasing—

(a)the [F11basic pension] in that pension

(i)where there is a section 9(2) increase, in proportion to the increase under that order of the [F12higher of the sums] specified in section 6(1)(a) of the Pensions Act; and

(ii)where there is a section 10(2) increase, in proportion to the increase under that order of the sum specified in paragraph 9 of Part I of Schedule 4 to the Act;

(b)the [F13additional pension] in that pension, where there is a section 9(3) increase, by the percentage specified in that order for an increase of the sums [F14which are the additional pensions in the rates of long-term benefits.]

[F15(6) For the purposes of this regulation, “qualifying year” means a year for which a person’s earnings factor is sufficient to satisfy paragraph 5(3)(b) of Schedule 3 to the Social Security Contributions and Benefits Act 1992 and includes a year which is treated as such a year by virtue of regulation 8(4).]

Textual Amendments

F1Reg. 6 heading substituted (6.4.2010) by The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 10

F2Reg. 6(1)-(3B) substituted (29.1.1991) by The Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1990 (SI 1990/2642), regs. 1, 2(2)

F3Reg. 6(1)(aa)(ab) inserted (9.4.2001) by The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 (S.I. 2000/1483), regs. 1, 7(3)(a)

F4Reg. 6(1)(ab) omitted (coming into force in accordance with arts. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 7(3)

F5Reg. 6(2)(aa) inserted (9.4.2001) by The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 (S.I. 2000/1483), regs. 1, 7(3)(b)

F6Word in reg. 6(3)(c) omitted (6.4.2003) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 2) Regulations 2003 (S.I. 2003/937), regs. 1(b), 2(4)(b)(i)

F7Word in reg. 6(3)(c)(i) omitted (6.4.2003) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 2) Regulations 2003 (S.I. 2003/937), regs. 1(b), 2(4)(b)(ii)

F8Reg. 6(3)(c)(ii) omitted (6.4.2003) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 2) Regulations 2003 (S.I. 2003/937), regs. 1(b), 2(4)(b)(iii)

F9Word in reg. 6(3B) substituted (6.4.2010) by The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 11(2) (with reg. 11(5))

F10Reg. 6(4) omitted (6.4.2010) by virtue of The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 11(3) (with reg. 11(5))

F11Words in reg. 6(5)(a) substituted (6.4.1987) by The Social Security Act 1986 (c. 50), reg. 1, s. 18(1)(a)

F12Words in reg. 6(5)(a)(i) substituted (29.1.1991) by The Social Security (Widow's Benefit and Retirement Pensions) Amendment Regulations 1990 (S.I. 1990/2642), regs. 1, 2(4)(a)

F13Words in reg. 6(5)(b) substituted (6.4.1987) by The Social Security Act 1986 (c. 50), reg. 1, s. 18(1)(b)

F14Words in reg. 6(5)(b) substituted (29.1.1991) by The Social Security (Widow's Benefit and Retirement Pensions) Amendment Regulations 1990 (S.I. 1990/2642), regs. 1, 2(4)(b)