The Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 6 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979. That regulation makes provision for those who do not satisfy the second contribution condition in full to be paid benefit at a reduced rate in certain circumstances.

These Regulations provide that a person may be entitled to a widowed mother’s allowance, widow’s pension, Category A retirement pension or a Category B retirement pension although the second contribution condition necessary for the benefit is not satisfied provided the percentage of the number of qualifying years in that person’s working life exceeds 25 per cent. of the total requirement specified in the Social Security Act 1975. Benefit comprising basic pension and, where appropriate, additional pension is then payable together with any dependency increase to which the beneficiary may (subject to section 8 of the Social Security (Miscellaneous Provisions) Act 1977 (c. 5)) be entitled. The amount of additional pension and child dependency increase is payable in full. The amount of basic pension and any adult dependency increase is calculated by reference to the number of qualifying years in a person’s working life.

A person who has no entitlement to basic pension under these Regulations may still be entitled to an additional pension in a widowed mother’s allowance, widow’s pension, Category A retirement pension or a Category B retirement pension provided there are one or more surpluses in that person’s earnings factors for the relevant years.

Minor amendments of a drafting nature are also made.