Social Security Act 1979 (c. 18)

SCHEDULES

Section 5.

SCHEDULE 1 Amendment of Principal Act, Pensions Act and Act of 1977

PART I Miscellaneous Amendments of Provisions Relating to Retirement and Invalidity Pensions

Principal Act

1 In section 15(4) of the principal Act (disregard of certain amounts in calculating amount of pension by reference to which certain invalidity pensions are calculated) there are inserted after paragraph (b) the words “and

(c) if he is also entitled to an invalidity allowance, any increase under section 28(7) or 29(8) of this Act (increase in Category A and B retirement pensions by amount equal to invalidity allowance).”.

2 In section 39(1)(c)(ii) of the principal Act (certain increases to be disregarded in determining entitlement to Category D retirement pension) after the word " disregarding " there are inserted the words " any additional component, any increase so far as attributable to any additional component or to any increase in a guaranteed minimum pension, any graduated retirement benefit and ".

3 In paragraph 5 of Schedule 3 to the principal Act (contribution conditions for retirement pensions etc.), for sub-paragraphs (6) and (7) (which provide for the second condition to be deemed to be satisfied in certain circumstances) there is substituted the following sub-paragraph—

“(6) The second condition shall be deemed to be satisfied notwithstanding that paragraphs (a) and (b) of sub-paragraph (3) above are not complied with as respects each of the requisite number of years if—

(a) those paragraphs are complied with as respects at least half that number of years (or at least 20 of them, if that is less than half); and

(b) in each of the other years the contributor concerned was, within the meaning of regulations, precluded from regular employment by responsibilities at home.”.

Pensions Act

4 In section 8(1) of the Pensions Act (provision for Category B retirement pension for a widower in certain circumstances) the following paragraph is substituted for paragraph (c)—

“(c) before her death she satisfied the contribution conditions specified in paragraph 5 of Part I of Schedule 3 to the principal Act.”.

5 In section 20(1) of the Pensions Act (use of former spouse's contributions), after the words " those conditions " there are inserted the words " (but only in respect of any claim for a Category A retirement pension) ".

6 In paragraph 4 of Schedule 1 to the Pensions Act (deferred retirement) there is inserted, after sub-paragraph (2), the following sub-paragraph—

“(3) Where—

(a) there is a period between the death of the former spouse and the date on which the surviving spouse becomes entitled to a Category A or Category B retirement pension, and

(b) one or more orders have come into force under section 124 of the principal Act (increases in rates of benefit) during that period,

the amount of the increase to which the surviving spouse is entitled under this paragraph shall be determined as if the order or orders had come into force before the beginning of that period.”.

7 In the said Schedule 1, the following paragraph is inserted after paragraph 4—

“4A (1) Where a woman is entitled to a Category A or Category B retirement pension and—

(a) she has had a husband and he has died, and she was married to him when he died ; and

(b) the husband either—

(i) was entitled to a guaranteed minimum pension with an increase under section 35(6) of this Act; or

(ii) would have been so entitled if he had retired on the date of his death,

the rate of her pension shall be increased by an amount equal to the sum of the following amounts, that is to say, an amount equal to one-half of that increase ; the appropriate amount; and an amount equal to any increase to which he had been entitled under this paragraph.

(2) Where a man is entitled to a Category A or Category B retirement pension and—

(a) he has had a wife and she has died, and he was married to her when she died ; and

(b) he was over pensionable age when she died ; and

(c) the wife either—

(i) was entitled to a guaranteed minimum pension with an increase under section 35(6) of this Act; or

(ii) would have been so entitled if she had retired on the date of her death,

the rate of his pension shall be increased by an amount equal to the sum of the following amounts, that is to say, an amount equal to that increase ; the appropriate amount; and an amount equal to any increase to which she had been entitled under this paragraph.

(3) The " appropriate amount " means either—

(a) the amount by which the deceased person's Category A or Category B retirement pension had been increased under section 126A of the principal Act (up-rating of increments in guaranteed minimum pensions), or

(b) the amount by which his Category A or Category B retirement pension would have been so increased had he died immediately before his surviving spouse became entitled to a Category A or Category B retirement pension,

whichever is the greater.”.

Act of 1977

8 In section 4(1) of the Act of 1977 (provision for payment of Category D retirement pension and Category A or Category B retirement pension at the same time) for the words " a Category D retirement pension " there are substituted the words " a Category C or Category D retirement pension ".

PART II Modification of Certain Provisions in Relation to Events Occurring Before 6th April 1979

9 Expressions used in this Part of this Schedule and in the principal Act shall have the same meaning in this Part as they have in that Act.

Principal Act

10 In section 16 (rates at which invalidity allowance is payable)—

(a) the following paragraphs are substituted for paragraphs (a) and (b) of subsection (2)—

“(a) at the higher rate specified in relation thereto in Schedule 4, Part I, if—

(i) the qualifying date fell before 5th July 1948 ; or

(ii) on the qualifying date the beneficiary was under the age of 35 ; or

(iii) on the qualifying date the beneficiary was under the age of 40 and had not attained pensionable age before 6th April 1979 ;

(b) at the middle rate so specified if paragraph (a) above does not apply and either—

(i) on the qualifying date the beneficiary was under the age of 45 : or

(ii) on the qualifying date the beneficiary was under the age of 50. and had not attained pensionable age before 6th April 1979 ;”; and

(b) the following subsection is inserted after subsection (2)—

“(2A) No payment shall be made by virtue of subsection (2)(a)(iii) or (6)(ii) above in respect of any period before 6th April 1979.”.

11 Section 28(2) (entitlement of married woman to Category A retirement pension) shall, notwithstanding its repeal by section 19(4) of and Schedule 5 to the Pensions Act, continue to apply in relation to any woman who attained pensionable age before 6th April 1979.

12 In section 59 (increase of unemployability supplement) the following words are inserted at the end of subsection (1)—

“Provided that no payment shall be made by virtue of heads (aa) or (bb) of that paragraph in respect of any period before 6th April 1979.”.

13 In paragraph 5 of Part V of Schedule 4 (weekly rates of the increase in unemployability supplement)—

(a) after paragraph (a) there is inserted the following paragraph—

“(aa) if head (a) above does not apply and on the qualifying date the beneficiary was under the age of 40 and he had not attained pensionable age before 6th April 1979

£415.”

(b) in paragraph (b) for the words " head (a) above does " there are substituted the words " heads (a) and (aa) above do ";

(c) for paragraph (c) there are substituted the following paragraphs—

“(bb) if heads (a), (aa) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 50 and had not attained pensionable age before 6th April 1979	£2.60;
(c) in any other case	£1.30”.

Pensions Act

14 Section 8(1) (Category B retirement pension for widower) shall not apply in any case where the death of the wife occurred before 6th April 1979.

15 Section 9 (special provision for surviving spouses) shall not apply in any case where the death of the wife or husband (as the case may be) occurred before 6th April 1979 and the surviving spouse had attained pensionable age before that date.

16 Section 10 (special provision for married women) shall not apply in any case where both the husband and the wife attained pensionable age before 6th April 1979.

17 Section 15 (invalidity pension for widows) shall not apply in relation to a widow unless she ceased to be entitled to a widow's allowance or a widowed mother's allowance after 5th April 1979.

18 Section 16 (invalidity pension for widowers) shall not apply in any case where the wife died before 6th April 1979.

19 Section 17 (which is superseded by paragraphs 10 and 13 above) is hereby repealed.

20 Section 20 (use of former spouse's contributions) shall not apply in relation to any person who attained pensionable age before 6th April 1979 if the termination of his marriage (or, if he had been married more than once, his last marriage) also occurred before that date.

21 In paragraph 2(2)(b) of Schedule 1 (which defines " period of deferment" for the purpose of enabling an increase of pension to be paid where retirement is deferred) for the words from " in relation to " to the end there are substituted the words—

“(i) in relation to any person who attains pensionable age after 5th April 1979, means the period beginning with the date on which he attains that age and ending with the day before that of his retirement;

(ii) in relation to any person who reaches pensionable age before 6th April 1979, means the period beginning with that date and ending with the day before the date of his retirement.”.

22 In paragraph 4 of Schedule 1 (increase of pension where pensioner's deceased spouse had deferred his retirement) the following sub-paragraph is inserted at the end—

“(4) The preceding provisions of this paragraph shall not apply in any case where the deceased spouse died before 6th April 1979 and the widow or widower attained pensionable age before that date.”.