The Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974

Changes over time for: Section 3

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01/01/2014- Amendment

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There are currently no known outstanding effects for The Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974, Section 3.

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Modifications, in relation to widows, of provisions with respect to unemployment and [F1short-term incapacity benefit [F2, F3... employment and support allowance]] , maternity allowance and Category A retirement pension

3.—(1) Subject to the following provisions of this regulation, where, otherwise than by reason of remarriage[F4, the formation of a civil partnership] or cohabitation with a man as his wife, a woman ceases to be entitled either to a widow's allowance or to a widowed mother's allowance—

(a)she shall be deemed to have satisfied the first contribution condition for F5... [F6short-term incapacity benefit] [F7or], maternity allowance F8... referred to in paragraph 1 [F7or], 3F8..., as the case may be, of Schedule 3 to the Act [F9or, in relation to F10... employment and support allowance, she shall be deemed to have satisfied the first condition referred to in paragraph 1(1) of Schedule 1 to the Welfare Reform Act];

(b)for the purposes only of enabling her to satisfy the second contribution condition for F5... [F6short-term incapacity benefit] or maternity allowance referred to in paragraph 1 or 3, as the case may be, of Schedule 3 to the Act [F11or, in relation to F10... employment and support allowance, she shall be deemed to have satisfied the second condition referred to in paragraph 2(1) of Schedule 1 to the Welfare Reform Act ] , there shall be credited to her such Class 1 contributions (if any) for every year up to and including that in which she ceased to be entitled as aforesaid as are required to enable her to satisfy that condition; and

F12(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a woman ceases to be entitled to a widowed mother's allowance as is mentioned in paragraph (1) of this regulation at a time when she is entitled to personal benefit by way of a widow's pension under the Industrial Injuries Act or any Personal Injuries Scheme or any Service Pensions Instrument or any 1914-1918 War Injuries Scheme at a weekly rate which is equal to or exceeds the weekly rate of widow's pension under the Act which is specified in the second column of Part I of Schedule 4 thereto, and thereafter that personal benefit, while continuing to be payable, falls to be reduced to a weekly rate which is less than the said weekly rate of widow's pension under the Act, paragraph (1) of this regulation shall apply to her both when she so ceases and when that personal benefit so falls to be reduced.

F14(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subject to paragraph (9) of this regulation, where a woman is entitled to personal benefit by way of a widow's pension under the Industrial Injuries Act or any Personal Injuries Scheme or any Service Pensions Instrument or any 1914-1918 War Injuries Scheme—

(a)if the weekly rate of that personal benefit is equal to or exceeds the appropriate weekly rate of F15... [F16short-term incapacity benefit[F17, F18... employment and support allowance]] or maternity allowance, the provisions of sub-paragraphs (a) to (c) of paragraph (1) of this regulation shall not operate to entitled her to F15... [F16short-term incapacity benefit] [F17, F15... employment and support allowance] or maternity allowance for any period before she has satisfied the following contribution condition, namely that she has, in respect of any one year beginning after her husband's, or as the case may be her last husband's, death, paid Class 1 or Class 2 contributions or both [F19and the earnings factor derived from—

(i)earnings paid in a year upon which primary Class 1 contributions have been paid or treated as paid in respect of that year, or

(ii)earnings with which she has been credited in respect of that year, or

(iii)Class 2 contributions, is not less than that year’s lower earnings limit multiplied by 25; and]

(b)if the weekly rate of that personal benefit is less than the said appropriate weekly rate, the said provisions shall not operate to entitle her to unemployment benefit or [F16short-term incapacity benefit[F17, F18... employment and support allowance]] or maternity allowance, for any period such as is mentioned in the last foregoing sub-paragraph, at a weekly rate which exceeds the difference between the said appropriate weekly rate and the weekly rate of that personal benefit.

F20(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) For the purpose of determining whether a woman ceases to be entitled as is mentioned in paragraph (1) of this regulation, a woman in whose case the Secretary of State is satisfied that she would be or would have been entitled to widow's benefit for any period but for any one or more of the following factors, namely—

(a)her failure to make, or delay in making, a claim to the benefit;

(b)her disqualification for the receipt of benefit for any other reason than her cohabitation with a man as his wife;

(c)the operation of the provisions of regulations made under paragraph 3 of Schedule 10 to the Act (overlapping benefits);

shall be treated as if she is or was, as the case may be, entitled thereto throughout that period.

F21(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) A woman who ceases to be entitled as is mentioned in paragraph (1) of this regulation on more than one occasion shall be entitled to the benefit of the provisions of that paragraph, subject as therein mentioned, on each such occasion, and if, on one such occasion, she satisfies the contribution condition referred to in paragraph (5)(a) of this regulation, that paragraph shall not apply to her on any subsequent occasion.

(10) [F22Where, but for this paragraph, the provisions of regulation 2 of these regulations and the provisions of this regulation would be applicable for the purpose of determining a woman's right to unemployment benefit or sickness benefit or maternity allowance for any day, her right thereto shall be determined by reference to the provisions of that one of those 2 regulations which is more favourable to her, to the exclusion of the provisions of the other.]

Textual Amendments

F1Words in reg. 3 heading substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 2(a) (with Pt. III)

F2Words in reg. 3 heading inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 64(3)(a)

F3Word in reg. 3 title omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 20(3)

F4Words in reg. 3(1) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 1 (with art. 3)

F5Words in reg. 3(1)(a)(b) omitted (7.10.1996) by virtue of The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 13(2)(a)

F6Words in reg. 3(1)(a)(b) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 2(a) (with Pt. III)

F7Word in reg. 3(1)(a) inserted (6.4.1979) by The Social Security Pensions (Home Responsibilities and Miscellaneous Amendments) Regulations 1978 (S.I. 1978/508), regs. 1(1), 3(1)

F8Words in reg. 3(1)(a) omitted (6.4.1979) by virtue of The Social Security Pensions (Home Responsibilities and Miscellaneous Amendments) Regulations 1978 (S.I. 1978/508), regs. 1(1), 3(1)

F9Words in reg. 3(1)(a) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 64(3)(b)(i)

F10Word in reg. 3(1)(a)(b) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 20(3)

F11Words in reg. 3(1)(b) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 64(3)(b)(ii)