Social Security (Miscellaneous Provisions) Act 1977

4 Other amendments relating to retirement pensions

(1) Where, apart from section 27(6) of the principal Act (which provides that a person shall not be entitled for the same period to more than one retirement pension), a person would be entitled for the same period to a Category D retirement pension and also to a Category A or Category B retirement pension, he shall be entitled to both those pensions for that period subject to any adjustment of them in pursuance of regulations under section 85 of the principal Act (which relates to overlapping benefits).

(2) After subsection (10) of section 29 of the principal Act (of which paragraph (b) provides for the Category B retirement pension to which a woman is entitled by virtue of her husband's contributions to be increased after his death by reference to certain days of increment relating to him) there shall be inserted the following subsection—

(10A) For the purpose of calculating an increase under paragraph (b) of subsection (10) above in a woman's pension in a case where the husband to whom the increase relates had not retired from regular employment at the date of his death, paragraphs (a) and (b) of that subsection shall be applied as if he had so retired on that date.

(3) The preceding subsection shall cease to have effect on the date on which the repeal of the said section 29(10) by the Pensions Act comes into force and for the purposes of section 38(2) of the [1889 c. 63.] Interpretation Act 1889 (which relates to the effect of repeals) shall be deemed to be repealed on that date by another Act.

(4) In subsection (5)(b) of sections 15 and 16 of the Pensions Act (which provide for the determination of the rate of certain Category A retirement pensions in the manner specified in subsection (3) of the section for an invalidity pension) for the words from " the manner specified" onwards there shall be substituted the words " the prescribed manner ".