9. In regulation 51(3) of the Income Support Regulations(1) (notional capital) in sub-paragraph (a)(i) for “or a war widow’s pension” there shall be substituted “, war widow’s pension or a pension payable to a person as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983(2) in so far as that Order is made under the Naval and Marine Pay and Pensions Act 1865(3) or the Pensions and Yeomanry Pay Act 1884(4), or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(5) and any power of Her Majesty otherwise than under any statutory provision to make provision about pensions for or in respect of persons who have been disabled or who have died in consequence of service as members of the armed forces of the Crown,”.
Regulation 51(3) was substituted by regulation 11(a) of S.R. 1988 No. 318 and amended by paragraph 7 of Schedule 1 to S.R. 1989 No. 139, regulation 4(3)(c) of S.R. 1990 No. 33, regulation 4(5) of S.R. 1991 No. 204, regulation 5(5) of S.R. 1992 No. 201, paragraph 6(8) of Schedule 2 to S.R. 1993 No. 149, regulation 5(3)(c) of S.R. 1993 No. 195 and regulation 5(3)(c) of S.R. 1993 No. 233
S.I. 1983/883; relevant amending instruments are S.I. 1993/598, 1994/1906 and 1995/766. The Order needs to be read subject to the provisions of section 168 of the Pensions Act 1995 (c. 26), the effect of which is to disregard subsequent marriages which have been dissolved or been the subject of a decree of judicial separation, in determining a person’s entitlement to a widow’s pension
28 & 29 Vict. c. 73
47 & 48 Vict. c. 55