9. In paragraph (3) of regulation 51 of the Income Support Regulations (notional capital), in sub-paragraph (a)(i), for the words “or a war widow’s pension” there shall be substituted the words “, war widow’s pension or a pension payable to a person as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983(1) in so far as that Order is made under the Naval and Marine Pay and Pensions Act 1865(2) or the Pensions and Yeomanry Pay Act 1884(3), or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(4) and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or who have died in consequence of service as members of the armed forces of the Crown,”.
S.I. 1983/883; relevant amending instruments are S.I. 1993/598, 1994/1906, 1995/766 and 1996/732 and 1638. The Order needs to be read subject to the provisions of section 168 of the Pensions Act 1995 (c. 26), the effect of which is to disregard subsequent marriages which have been dissolved or been the subject of a decree of judicial separation, in determining a person’s entitlement to a widow’s pension.
