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The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979
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- UK Statutory Instruments
- 1979 No. 642
- Regulation 17
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Provisions relating to age addition for persons not in receipt of a retirement pension
17.—(1) For the purposes of section 40(2) of the Act (age addition for persons over the age of 80 who are not entitled to a retirement pension but are in receipt of certain other payments) the prescribed enactments and instruments shall be—
(a)Chapter IV or V of Part II of the Act;
(b)any scheme made under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975;
(c)any Service Pensions Instrument;
(d)any scheme made under the Personal Injuries (Emergency Provisions) Act 1939 or under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939;
(e)any 1914-1918 War Injuries Scheme;
(f)section 36 of the Act ([F1severe disablement allowance]);
(g)section 37 of the Act ([F2carer’s allowance]).
[F3(ga)the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;]
[F4(h)sections 36 and 37 of the National Insurance Act 1965 as continued in force by the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978.]
(2) The following shall[F5, subject to paragraph (3),] be additional conditions of entitlement to age addition under section 40(2) of the Act:—
(a)that the person concerned is in receipt of a payment under an enactment or instrument specified in paragraph (1), by reference to which the amount of a retirement pension would, if it were otherwise payable to him, be extinguished by virtue of any regulations made under section 85(1)(a) of the Act (overlapping benefits); and
(b)that had he made a claim for it, he would have been entitled to a retirement pension of any category by virtue of any provision of the Act or any regulations made under it.
[F6(3) Paragraph (2) shall not apply to a person who is in receipt of a payment under the enactment specified in paragraph (1)(h).]
Textual Amendments
F1Words in reg. 17(1)(f) substituted (29.11.1984) by The Social Security (Severe Disablement Allowance) Regulations 1984 (S.I. 1984/1303), regs. 1, 11, Sch. 2
F2Words in reg. 17 substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1 2
F3Reg. 17(1)(ga) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 4(3)
F4Reg. 17(1)(h) inserted (7.6.1993) by The Social Security (Widow's Benefit and Retirement Pensions) Amendment Regulations 1993 (S.I. 1993/1242), regs. 1, 2(2)
F5Words in reg. 17(2) inserted (7.6.1993) by The Social Security (Widow's Benefit and Retirement Pensions) Amendment Regulations 1993 (S.I. 1993/1242), regs. 1, 2(3)
F6Reg. 17(3) inserted (7.6.1993) by The Social Security (Widows Benefit and Retirement Pensions) Amendment Regulations 1993 (S.I. 1993/1242), regs. 1, 2(4)
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