Social Security Pensions Act 1975

36 Requisite benefit for widow. E+W+S

[F1 (1) Subject to the provisions of this Part of this Act, for an occupational pension scheme [F2 which is not a money purchase contracted-out scheme] to be contracted-out in relation to an earner’s employment it must provide, in the event of the earner dying (whether before or after attaining pensionable age) and leaving a widow or widower, for the widow or widower to be entitled to a guaranteed minimum pension under the scheme.

(1A) A scheme need not provide for widowers of earners who die before 6th April 1989 to be entitled to guaranteed minimum pensions.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

[F4 (3) To comply with this section the scheme must also contain a rule to the effect that—

(a) if the earner is a man who had a guaranteed minmum under section 35 above, the weekly rate of the widow’s pension will be not less than her guaranteed minimum, which shall be half that of the earner.

(b) if the earner is a woman who had such a guaranteed minimum, the weekly rate of the widower’s pension will be not less than his guaranteed minimum, which shall be one-half of that part of the earner’s guaranteed minimum which is attributable to earnings factors for the tax year 1988-89 and subsequent tax years.]

(4), (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 the scheme must provide for the widow’s pension to be payable for any period for which a Category B retirement pension, widowed mother’s allowance or widow’s pension is payable to her by virtue of the earner’s contributions or for which a Category B retirement pension would be so payable but for [F6 section 43(1) of the Contributions and Benefits Act].

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

[F7 (7A) The scheme must provide for the widower’s pension to be payable in prescribed circumstances and for the prescribed period.

(7B) The trustees or managers of the scheme shall supply to the Secretary of State such information as he may require relating to the payment of pensions under the scheme to widowers.]

(8) The widow’s guaranteed minimum pension must be payable to her; . . . F8

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F1 S. 36(1) and (1A) substituted for s. 36(1) (6.4.1988) by Social Security Act 1986 (c. 50), s. 9(3)(a)

F2 Words inserted (with effect from 6.4.1988) by Social Security Act 1986 (c. 50), Sch. 2 para. 6(1)(b)

F3 S. 36(2),(4),(5),(7),(9) repealed by Social Security Act 1986 (c. 50), Sch. 11

F4 S. 36(3) substituted (6.4.1988) by Social Security Act 1986 (c. 50), s. 9(3)(b)

F5 Words repealed (1.11.1986) by Social Security Act 1986 (c. 50), Sch. 11

F6 Words substituted (with effect from 1.7.1992) by Social Security (Consequential Provisions) Act 1992, (c. 6), Sch. 2, para. 28

F7 S. 36(7A) and (7B) inserted by Social Security Act 1986 (c. 50), s. 9(3)(c)

F8 Words repealed (with effect from 1.11.1986) by Social Security Act 1986 (c. 50), Sch. 11

Modifications etc. (not altering text)

C1 S. 36(3): power to amend conferred (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss. 150(1)(e)(i), 192(4).

C2 S. 36(3) amended (12.4.1993) by S.I. 1993/349, arts. 1(2)(d), 5(2)

C3 S. 36(8) to be construed (with effect from 6.4.1988) as if reference to “widow” included reference to widower (and with consequent modification) by virtue of Social Security Act 1986 (c. 50), s. 9(4)