The Social Security (Canada) Order 1995

(9) Subject to the provisions of paragraphs (10) and (12) to (14):

(a) for the purpose of any claim to receive a retirement pension under the legislation of the United Kingdom, a person aged sixty-five or over who has been resident in the United Kingdom:

(i) throughout the period of ten years immediately before his claim; or

(ii) throughout the last year of that ten-year period and throughout earlier periods after attaining the age of eighteen which in the aggregate are at least three times as long as any parts of that ten-year period during which he has not been resident in the United Kingdom;

shall be treated as if he, or in the case of a claim made by a married woman or widow by virtue of her husband’s insurance, her husband, had paid a contribution under the legislation of the United Kingdom for every week during which he was resident in Canada;

(b) where the person claiming a retirement pension under the provisions of this paragraph is a woman:

(i) whose marriage has been terminated by the death of her husband or otherwise;

(ii) who satisfies one or other of the conditions set out in sub-paragraph (9)(a); and

(iii) who claims a pension by virtue of her own insurance and has chosen to have her husband’s contributions taken into account;

she shall be treated as if she or her husband had paid a contribution under the legislation of the United Kingdom for every week during which she or her husband, as the case may be, was resident in Canada;

(c) for the purposes of applying the provisions of sub-paragraphs (9)(a) and (9)(b), no account shall be taken of any period during which a person was resident in Canada before he reached the age of fifteen years or after he reached pension age;

(d) any person who has been awarded a United Kingdom retirement pension under the former exchanges of letters, which commenced before 1 July 1977 and who on or after 1 July 1977 is in receipt of a Canadian old age security pension solely under the Old Age Security Act shall, with effect from 15 November 1977 or the first day of payment of the old age security pension, whichever is later, have his weekly retirement pension reduced by a sum equal to the weekly rate of his old age security pension. The amount of this reduction shall be reviewed each year from the week when the retirement pension is increased by any uprating order. The amount of reduction shall be a sum equal to the weekly rate of the old age security pension for the week in which the uprating falls. These provisions shall not reduce the amount of any United Kingdom retirement pension to less than the amount which would otherwise have been payable without reliance on the former exchanges of letters.