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The Social Security (Miscellaneous Amendments) Regulations 1976

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Amendment of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974

2.—(1) The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974(1), as amended(2), shall be further amended in accordance with the following provisions of this regulation.

(2) After regulation 5 there shall be inserted the following regulation:—

Category B retirement pension for certain widows by virtue of husband's contributions

5A.  For the purposes of entitlement to a Category B retirement pension under section 29(5) of the Social Security Act 1975 a woman shall be treated as entitled to a widow's pension if she would have been so entitled but for any one or more of the following circumstances:—

(a)her failure to make, or delay in making, a claim for that widow's pension;

(b)her entitlement to widow's allowance or widowed mother's allowance;

(c)the operation of section 82 (disqualification and suspension) or section 85 of that Act (overlapping benefits and hospital in-patients) or any regulations made under either of those sections, except for the operation of section 82(5)(a) of that Act (absence from Great Britain);

(d)the operation of any provision of that Act or any regulations made under that Act disqualifying her for the receipt of that widow's pension for any period, except for the operation of the said section 82(5)(a);

(e)her having attained the age of 65;

(f)her remarriage after 4th April 1971,

and for the purposes of section 29(7)(c) the weekly rate of widow's pension shall be the weekly rate to which she would have been entitled but for any one or more of the said circumstances..

(3) In regulation 16 (transitional provision relating to widow's pension for certain widows) in paragraph (1) for the words “widow's pension under the National Insurance Act 1965” there shall be substituted the words “widow's benefit under the National Insurance Act 1965”.

(1)

(1974 III, p. 8028).

(2)

The relevant amending instrument is S.I. 1975/566 (1975 I, p. 2082).

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