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

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979

2.—(1) Regulation 6 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979(1) (benefit at reduced rates for those who do not satisfy the contribution conditions in full) shall be amended in accordance with the following provisions of this regulation.

(2) For paragraphs (1), (2) and (3) there shall be substituted the following paragraphs–

“(1) Subject to paragraph (2) of this regulation, where the second contribution condition specified in paragraph 5(3) of Schedule 3 to the Act is not satisfied a person shall be entitled to–

(a) widowed mother’s allowance;

(b) widow’s pension;

(c) Category A retirement pension; or

(d) Category B retirement pension, provided the percentage of the number of qualifying years in the working life of that person calculated in accordance with paragraph (3B) of this regulation is 25 per cent. or more.

(2) Where a person to whom paragraph (1) alone would otherwise apply is not entitled to benefit under that paragraph because the percentage of the number of qualifying years in his working life, calculated in accordance with paragraph (3B) of this regulation, is less than 25 per cent. but there are one or more surpluses in that person’s earnings factors for the relevant years, that person shall be entitled to–

(a) widowed mother’s allowance;

(b) widow’s pension;

(c) Category A retirement pension; or

(d) Category B retirement pension consisting only of the additional pension in that benefit.

(3) Where a person is entitled to benefit under paragraph (1) of this regulation, the benefit payable shall be–

(a) the basic pension in that benefit at a reduced rate calculated in accordance with paragraph (3B) of this regulation as a percentage of the higher of the sums specified in section 6(1)(a) of the Pensions Act; and

(b) any additional pension arising from one or more surpluses in the pensioner’s earnings factors for the relevant years; and

(c) any increase of benefit to which he may be entitled under sections 41, 45, 45A, or 46 of the Act–

(i) in respect of an adult dependant calculated in accordance with paragraph (3B) of this regulation as a percentage of the appropriate increase specified in Part IV of Schedule 4 to the Act; and

(ii) in the case of a child dependant, by the appropriate increase specified in Part IV of Schedule 4 to the Act.

(3A) Where a person is entitled to benefit under paragraph (2) of this regulation, the benefit payable shall be only the additional pension in that benefit.

(3B) Subject to paragraph (4) of this regulation, the percentage referred to in paragraphs (1), (2), (3)(a) and (3)(c)(i) of this regulation shall be ascertained by taking the number of qualifying years in the working life of the contributor concerned, expressing that number as a percentage of the requisite number of years specified for that working life in paragraph 5(4) of Schedule 3 to the Act and rounding up that percentage to the next whole number.”.

(3) In paragraph (4) for the words “paragraph (3)” there shall be substituted the words “paragraph (3B)”.

(4) In paragraph (5)–

(a) in sub-paragraph (a)(i) for the word “sum” there shall be substituted the words “higher of the sums”; and

(b) in sub-paragraph (b) for the words “specified in section 23(1)(b) of the Pensions Act” there shall be substituted the words “which are the additional pensions in the rates of long-term benefits.”.

(1)

S.I. 1979/642; regulation 6 was amended by section 18(1) of the Social Security Act 1986 (c. 50).