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

Changes over time for: Section 12

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Category C retirement pension for certain women whose marriage has been terminated otherwise than by death

12.—(1) Subject to the provisions of these regulations, a woman whose marriage to a husband who was over pensionable age on 5th July 1948 was terminated otherwise than by his death shall be entitled to a Category C retirement pension at the higher rate specified in relation to such a pension in Part III of Schedule 4 to the Act if—

(a)she had attained pensionable age before the date of the termination of the marriage; and

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the conditions set out in paragraph (2) or (3), as the case may be, are satisfied.

(2) The conditions applicable in the case of a woman whose marriage was terminated before 2nd November 1970 shall be—

(a)that she was resident in Great Britain for a period of at least 10 years between 5th July 1948 and 1st November 1970, inclusive of both dates; and

(b)that she was ordinarily resident in Great Britain on 2nd November 1970 or on the date of her claim for a Category C retirement pension; and

(c)that her husband was ordinarily resident in Great Britain on the date of the termination of the marriage; and

(d)that she did not remarry between the date of that termination and 2nd November 1970.

(3) The condition applicable in the case of a woman whose marriage was terminated on or after 2nd November 1970 shall be that her husband was entitled to a Category C retirement pension or a retirement pension under section 1(1)(a) of the National Insurance Act 1970.

(4) A pension payable under paragraph (1) shall commence on 6th April 1975 or the date on which the requirements of sub-paragraphs (a) to (c) of that paragraph are satisfied in relation to the beneficiary, whichever is the later, and shall be payable for life. F2...

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