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

[F1 8A.— (1) This regulation applies to a person—

(a) whose marriage or civil partnership terminated otherwise than by the death of that person’s spouse or civil partner;

(b) whose marriage or civil partnership terminated after—

(i) that person; and

(ii) that person’s former spouse or former civil partner,

attained pensionable age;

(c) who attained pensionable age on or after 6th April 2010;

(d) whose former spouse or former civil partner attained pensionable age on or after 6th April 2010; and

[F2 (e) whose former spouse or former civil partner—

(i) satisfied the contribution condition specified in paragraph 5A(2) of Schedule 3 (contribution conditions for entitlement to benefit) to the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”); or

(ii) would have satisfied the contribution condition specified in paragraph 5A(2) of Schedule 3 to the 1992 Act in respect of contributions paid before 6th April 2016 had Part 1 of the Pensions Act 2014 not been applicable.]

(2) Where a person to whom this regulation applies does not satisfy the contribution condition specified in paragraph 5A(2) of Schedule 3 to the 1992 Act, that person shall be treated as having satisfied that condition by virtue of the contributions of the former spouse or civil partner.]

Textual Amendments

F1 Reg. 8A inserted (6.4.2010) by The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 14

F2 Reg. 8A(1)(e) substituted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 5(4)