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The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979
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- UK Statutory Instruments
- 1979 No. 642
- Regulation 7
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Category B retirement pension for certain widows by virtue of husband's contributions
7. For the purposes of a woman's entitlement to a Category B retirement pension under section 29(5) of the Act, she shall be treated as being 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 F1... a widowed mother's allowance;
(c)the operation of section 82 of the Act (disqualification and suspension) or section 85 of the 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 the Act (absence from Great Britain);
(d)the operation of any provision of the Act or any regulations made under the 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 [F2pensionable age];
(f)her remarriage after 4th April 1971,
[F3(g)her having ceased to be entitled to a widowed mother’s allowance at a time when she had reached the age of 65 but was under pensionable age,]
and for the purposes of section 29(7)(c) of the Act the weekly rate of the 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.
Textual Amendments
F1Words in reg. 7(b) omitted (11.4.1988) by virtue of The Social Security (Widows Benefit and Retirement Pensions) Amendment Regulations 1987 (S.I. 1987/1854), regs. 1, 2(3)
F2Words in reg. 7(e) substituted (6.12.2018) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(3), 3(3)(a)
F3Reg. 7(g) inserted (6.12.2018) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(3), 3(3)(b)
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