PART 9SPECIAL CLASSES OF EARNERS
Case D—Married Women and Widows
Special transitional provisions consequent upon passing of the Social Security Pensions Act 1975134
1
Any woman to whom this regulation applies—
a
shall, in respect of any liability for a primary Class 1 contribution, be liable to pay that contribution at the reduced rate; and
b
shall not be liable to pay any Class 2 contribution which, apart from the provisions of this paragraph, she would be liable to pay.
2
Subject to paragraphs (3) to (7), this regulation applies to any woman—
a
to whom, before 6th April 1977 (the date on which section 3(1) of the Social Security Pensions Act 1975 came into force and sections 5(3) and 130(2) of the Social Security Act 1975 were repealed), the provisions of section 5(3) of the Social Security Act 1975 or of regulation 94 of the 1975 Regulations (newly widowed woman) applied and to whom those provisions would have continued to apply but for those provisions having been repealed or, as the case may be, having ceased to have effect on that date;
b
who, not being a person to whom regulation 130 applies—
i
on 6th April 1977 was a married woman and became a widow during the period from and including that date to 6th April 1978, or
ii
on 6th April 1977 was a qualifying widow, remarried after that date and again became a widow during that period; or
c
who on 6th April 1977 was married or a qualifying widow and had attained the age of 59.
3
In the case of a woman specified in paragraph (2)(a) or (b), the provisions of paragraph (1) shall, subject to the provisions of paragraphs (4) and (5), apply only during the period which—
a
in the case of a woman specified in paragraph (2)(a)—
i
began at the beginning of the year in which section 3(1) came into force; and
ii
ended at the end of that year;
b
in the case of a woman specified in paragraph (2)(b)—
i
began on the date on which that woman became or, as the case may be, again became a widow, and
ii
ends at the end of whichever of the two periods specified in regulation 130(2)(b) is appropriate in her case in so far as that regulation relates to the date of the death of the husband.
4
In the case of a woman to whom paragraph (3)(a) or (b) applies, those sub-paragraphs shall be subject to regulation 130(4) and paragraph (5) below with the modification that—
a
in regulation 130(4), the reference to sub-paragraphs (d) and (e) of regulation 128(1) shall be omitted;
b
in so far as the provisions of regulation 128(1)(c) are incorporated in regulation 130(4) as modified for the purposes of this regulation, references in regulation 128(1)(c) to any election made under regulation 127 and to a woman who made the election shall respectively be construed as references to the application of paragraph (1) and to the woman to whom that paragraph applies.
5
Any woman—
a
who by virtue of paragraph (1)—
i
was, in respect of any liability for a primary Class 1 contribution, liable to pay that contribution at the reduced rate, or
ii
was not liable to pay any Class 2 contribution which apart from the provisions of that paragraph she would have been liable to pay; but
b
to whom by virtue of paragraphs (2) to (4), paragraph (1) ceases so to apply; and
c
who has not, in relation to the application of paragraph (1), given the notice prescribed in paragraph (7),
may, subject to the conditions prescribed in paragraph (6), make an election under and in accordance with regulation 127, notwithstanding that she has not done so before the date prescribed in that regulation, and regulations 126 to 133 shall apply accordingly from the end of the year in which paragraph (1) ceases to apply to her.
6
The conditions referred to in paragraph (5) are that the woman—
a
shall make the election not later than 11th May next following the end of the year in which paragraph (1) ceases to apply to her; and
b
is, at the beginning of the year next following the year in which paragraph (1) so ceases to apply, married or a qualifying widow.
7
Any woman to whom, by virtue of paragraph (2)(a) or (b), paragraph (1) applies may give notice in writing to the Board that she does not wish paragraph (1) to apply to her and upon the giving of such notice it shall accordingly cease to apply.