The Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1995

Statutory Instruments

1995 No. 74

SOCIAL SECURITY

The Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1995

Made

16th January 1995

Laid before Parliament

20th January 1995

Coming into force

10th February 1995

The Secretary of State for Social Security in exercise of the powers conferred by sections 121(1)(a) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992(1) and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1995 and shall come into force on 10th February 1995.

(2) In these Regulations, “the principal Regulations” means the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979(3).

Amendment of regulation 1 of the principal Regulations

2.  In regulation 1 of the principal Regulations after paragraph (3) there shall be inserted the following paragraph:

“(3A) For the purposes of regulation 8 of these Regulations, where, before the coming into force of the Nullity of Marriages Act 1971(4) 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.”

Signed by authority of the Secretary of State for Social Security.

William Hague

Minister of State,

Department of Social Security

16th January 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 1 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979. Regulation 2 inserts a new paragraph (3A) into that regulation which provides for a voidable marriage in respect of which a decree absolute of nullity of marriage has been granted before 1st August 1971 to be treated as if it was a valid marriage terminated by divorce at the date of annulment.

These Regulations do not impose any costs on business.

(1)

1992 c. 4.

(2)

See section 173(1)(b) and (7) of the Social Security Administration Act 1992 c. 5; section 173(7) defines “regulations”.

(3)

S.I. 1979/642 to which there are amendments.

(4)

1971 c. 44. The Act came into force on 1 August 1971; see section 7(5).