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

SCHEDULE 1 Method of treating former spouse's [F1 or former civil partner's] contributions as those of the beneficiary so as to entitle him to a Category A retirement pension

Textual Amendments

F1 Words in Sch. 1 heading inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(5)(a) (with art. 3)

1.  In this Schedule—

(a) A is the number of the former spouse's [F2 or former civil partner's] qualifying years up to (exclusive) the year in which the marriage [F3 or, as the case may be, the civil partnership] terminated [F4 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)];

(b) B is the number of years in the former spouse's [F2 or former civil partner's] working life up to (exclusive) the year in which the marriage [F3 or, as the case may be, the civil partnership] terminated [F5 ; and

(c) “qualifying year” means a year for which the former spouse’s or former civil partner’s earnings factor is sufficient to satisfy—

(i) paragraph 5(3)(b); or

(ii) paragraph 5A(2)(b),

of Schedule 3 to the Social Security Contributions and Benefits Act 1992 and does not include a year which is treated as such a year by virtue of regulation 8(4).]

Textual Amendments

F2 Words in Sch. 1 para. 1 inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(5)(b)(i) (with art. 3)

F3 Words in Sch. 1 para. 1 inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(5)(b)(ii) (with art. 3)

F4 Words in Sch. 1 para. 1(a) inserted (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(6)

F5 Sch. 1 para. 1(c) and word inserted (6.4.2010) by The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 15(2) (with reg. 15(3))

2.  The number of years arrived at under this paragraph is that which is obtained by—

(a) taking the number of years in the beneficiary's working life between (inclusive) the first year in that working life and (inclusive) the year in which the marriage [F6 or civil partnership] terminated, multiplying it by

and rounding up the result to the next whole number;

and

(b) adding to that number of years the number of the beneficiary's qualifying years falling after the year in which the marriage [F6 or civil partnership] terminated.

Textual Amendments

F6 Words in Sch. 1 para. 2 inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(5)(c) (with art. 3)

3.  The number of years arrived at under this paragraph is that which is obtained by—

(a) taking the number of years in the beneficiary's working life between (inclusive) the year in which the marriage took place [F7 or the civil partnership was formed] and (inclusive) the year [F8 in which the marriage or civil partnership terminated], multiplying it by

and rounding up the result to the next whole number; and

(b) adding to that number of years the number of the beneficiary's qualifying years falling—

(i) before the year in which the marriage took place [F7 or the civil partnership was formed]; and

(ii) after that [F8 in which the marriage or civil partnership terminated].

Textual Amendments

F7 Words in Sch. 1 para. 3 inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(5)(d)(i) (with art. 3)

F8 Words in Sch. 1 para. 3 substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(5)(d)(ii) (with art. 3)

Regulation 18

SCHEDULE 2 REGULATIONS REVOKED

Regulations revoked	Reference	Extent of revocation
(1)	(2)	(3)
The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974	S.I. 1974/2059	The whole of the regulations
The Social Security (Miscellaneous Amendments and Transitional Provisions) Regulations 1975	S.I. 1975/566	Regulation 3
The Social Security (Non-Contributory Invalidity Pension) Regulations 1975	S.I. 1975/1058	Regulation 14
The Social Security (Non-Contributory Invalidity Pension) Amendment Regulations 1975	S.I. 1975/1166	Regulation 2
The Social Security (Invalid Care Allowance) Regulations 1976	S.I. 1976/409	Regulation 21
The Social Security (Miscellaneous Amendments) Regulations 1976	S.I. 1976/1736	Regulation 2
The Social Security (Child Benefit Consequential) Regulations 1977	S.I. 1977/342	Regulation 4
The Social Security (Miscellaneous Amendments) Regulations 1977	S.I. 1977/1509	Regulation 2
The Social Security (Widow's Benefit and Retirement Pensions) Amendment Regulations 1978	S.I. 1978/392	The whole of the regulations
The Social Security (Benefit) (Transitional) Regulations 1979	S.I. 1979/345	Regulation 6