Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 19795

1

The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 197913 are amended as follows.

2

In regulation 1(2) (citation, commencement and interpretation), in the definition of “shared additional pension”14 after “section 55A” insert “or 55AA”.

3

After regulation 8(3) (substitution of former spouse’s or former civil partner’s contribution record to give entitlement to a Category A retirement pension)15 insert—

3A

The beneficiary shall be treated as satisfying the first contribution condition specified in paragraph 5 of Schedule 3 to the 1992 Act if his former spouse or former civil partner would have satisfied that condition had Part 1 of the Pensions Act 2014 not been applicable, as respects any year of his working life up to the year ending on 5th April 2016 (inclusive).

4

For regulation 8A(1)(e) substitute16—

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.

5

In regulation 11(3) (Category C retirement pension for widows of men over pensionable age on 5th July 1948)17, for “higher rate specified in relation to a Category C retirement pension in Part III of Schedule 4 to the Act” substitute “weekly rate of £69.50”.

6

In paragraph 1 of Schedule 1 (method of treating former spouse’s or former civil partner’s contributions as those of the beneficiary so as to entitle him to a Category A retirement pension)18 at the end of sub-paragraph (a), insert “but where Part 1 of the Pensions Act 2014 applies to the former spouse or former civil partner, A is the number of his qualifying years up to the year ending on 5th April 2016 (inclusive)”.