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

[F1 Category B retirement pension for surviving spouses [F2 and surviving civil partners] by virtue of deceased spouse’s [F3 or deceased civil partner's] contributions

7A.— (1) For the purposes of entitlement of any person (“the pensioner”) to a Category B retirement pension under section 48BB of the Social Security Contributions and Benefits Act 1992 (Category B retirement pension: entitlement by reference to benefit under section 39A or 39B) (“the 1992 Act”), the pensioner shall be treated as being entitled to a widowed parent’s allowance or a bereavement allowance as the case may be, if he would have been so entitled but for any one or more of the circumstances specifed in paragraph (2) below.

(2) The circumstances referred to in paragraph (1) above are—

(a) the pensioner’s failure to make, or his delay in making, a claim for that widowed parent’s allowance or bereavement allowance;

(b) the operation of section 113 of the 1992 Act (disqualification and suspension) or section 73 of the Social Security Administration Act 1992 (overlapping benefits) or any regulations made under either of those sections, except for the operation of section 113(1)(a) of the 1992 Act (absence from Great Britain);

(c) the operation of any provision of the 1992 Act or any regulations made under the 1992 Act, disqualifying the pensioner from receipt of that widowed parent’s allowance or bereavement allowance for any period except for the operation of the said section 113(1)(a);

(d) the pensioner’s having attained pensionable age;

(e) the pensioner’s having remarried [F4 or formed a civil partnership].

(3) Where this regulation applies the weekly rate of a Category B pension shall—

(a) in the case of a pensioner treated as being entitled to widowed parent’s allowance immediately before attaining pensionable age in consequence of the death of his or her spouse [F5 or civil partner], be that specified in section 48BB(2) of the 1992 Act;

(b) in the case of a pensioner treated as being entitled to—

(i) widowed parent’s allowance at any time when over the age of 45 but not immediately before attaining pensionable age, or

(ii) bereavement allowance at any time prior to obtaining pensionable age,

be that specified in section 48BB(5) and (6) of the 1992 Act as the case may be.]

Textual Amendments

F1 Reg. 7A added (9.4.2001) by The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 (S.I. 2000/1483), regs. 1, 7(4)

F2 Words in reg. 7A heading inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(2)(a)(i) (with art. 3)

F3 Words in reg. 7A heading inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(2)(a)(ii) (with art. 3)

F4 Words in reg. 7A(2)(e) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(2)(b) (with art. 3)

F5 Words in reg. 7A(3)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(2)(c) (with art. 3)