Social Security Act 1979

PART I Miscellaneous Amendments of Provisions Relating to Retirement and Invalidity Pensions

Principal Act

1 In section 15(4) of the principal Act (disregard of certain amounts in calculating amount of pension by reference to which certain invalidity pensions are calculated) there are inserted after paragraph (b) the words “and

(c) if he is also entitled to an invalidity allowance, any increase under section 28(7) or 29(8) of this Act (increase in Category A and B retirement pensions by amount equal to invalidity allowance).”.

2 In section 39(1)(c)(ii) of the principal Act (certain increases to be disregarded in determining entitlement to Category D retirement pension) after the word " disregarding " there are inserted the words " any additional component, any increase so far as attributable to any additional component or to any increase in a guaranteed minimum pension, any graduated retirement benefit and ".

3 In paragraph 5 of Schedule 3 to the principal Act (contribution conditions for retirement pensions etc.), for sub-paragraphs (6) and (7) (which provide for the second condition to be deemed to be satisfied in certain circumstances) there is substituted the following sub-paragraph—

“(6) The second condition shall be deemed to be satisfied notwithstanding that paragraphs (a) and (b) of sub-paragraph (3) above are not complied with as respects each of the requisite number of years if—

(a) those paragraphs are complied with as respects at least half that number of years (or at least 20 of them, if that is less than half); and

(b) in each of the other years the contributor concerned was, within the meaning of regulations, precluded from regular employment by responsibilities at home.”.

Pensions Act

4 In section 8(1) of the Pensions Act (provision for Category B retirement pension for a widower in certain circumstances) the following paragraph is substituted for paragraph (c)—

“(c) before her death she satisfied the contribution conditions specified in paragraph 5 of Part I of Schedule 3 to the principal Act.”.

5 In section 20(1) of the Pensions Act (use of former spouse's contributions), after the words " those conditions " there are inserted the words " (but only in respect of any claim for a Category A retirement pension) ".

6 In paragraph 4 of Schedule 1 to the Pensions Act (deferred retirement) there is inserted, after sub-paragraph (2), the following sub-paragraph—

“(3) Where—

(a) there is a period between the death of the former spouse and the date on which the surviving spouse becomes entitled to a Category A or Category B retirement pension, and

(b) one or more orders have come into force under section 124 of the principal Act (increases in rates of benefit) during that period,

the amount of the increase to which the surviving spouse is entitled under this paragraph shall be determined as if the order or orders had come into force before the beginning of that period.”.

7 In the said Schedule 1, the following paragraph is inserted after paragraph 4—

“4A (1) Where a woman is entitled to a Category A or Category B retirement pension and—

(a) she has had a husband and he has died, and she was married to him when he died ; and

(b) the husband either—

(i) was entitled to a guaranteed minimum pension with an increase under section 35(6) of this Act; or

(ii) would have been so entitled if he had retired on the date of his death,

the rate of her pension shall be increased by an amount equal to the sum of the following amounts, that is to say, an amount equal to one-half of that increase ; the appropriate amount; and an amount equal to any increase to which he had been entitled under this paragraph.

(2) Where a man is entitled to a Category A or Category B retirement pension and—

(a) he has had a wife and she has died, and he was married to her when she died ; and

(b) he was over pensionable age when she died ; and

(c) the wife either—

(i) was entitled to a guaranteed minimum pension with an increase under section 35(6) of this Act; or

(ii) would have been so entitled if she had retired on the date of her death,

the rate of his pension shall be increased by an amount equal to the sum of the following amounts, that is to say, an amount equal to that increase ; the appropriate amount; and an amount equal to any increase to which she had been entitled under this paragraph.

(3) The " appropriate amount " means either—

(a) the amount by which the deceased person's Category A or Category B retirement pension had been increased under section 126A of the principal Act (up-rating of increments in guaranteed minimum pensions), or

(b) the amount by which his Category A or Category B retirement pension would have been so increased had he died immediately before his surviving spouse became entitled to a Category A or Category B retirement pension,

whichever is the greater.”.

Act of 1977

8 In section 4(1) of the Act of 1977 (provision for payment of Category D retirement pension and Category A or Category B retirement pension at the same time) for the words " a Category D retirement pension " there are substituted the words " a Category C or Category D retirement pension ".