
1 
These regulations, which may be cited as
the National Insurance (Pensions, Existing Contributors) (Transitional)
Amendment Regulations 1966, shall be read as one with the 
National Insurance (Pensions, Existing Contributors) (Transitional) Regulations
1948 (hereinafter referred to as 
“the principal regulations”) and shall
come into operation on 30th May 1966.
2 

(1) Regulation
8 of the principal regulations, as amended, (contributions under
the Contributory Pensions Acts to be taken into account for the purposes of
the Act) shall be further amended in accordance with the following provisions
of this regulation.
(2) The provisions of 
regulation 8 shall be numbered 
paragraph (1), and at the end of the provisio
to that paragraph there shall be added the words “and, for the
purposes of any benefit for a woman by virtue of her husband's insurance,
any such contribution paid after the date of the death of her husband shall
be taken into account as if it had been paid before that date.”
(3) The following paragraph shall be inserted
after regulation 8(1):—
“
(2) The taking into account
under the provisions of the proviso to the foregoing paragraph of any contribution
for the purposes of any benefit for a woman by virtue of her husband's insurance,
in any case where the husband has died on or after 30th May 1966, shall not
affect the right to benefit or the rate of benefit payable for any period
before the date on which the contribution is paid except that, if the contribution
is paid within 6 months after the date of the death of the husband, the contribution
shall be taken into account for the purposes of the right to benefit from
the date of his death.”
3 
For regulation 8A of the
principal regulations (election as to retirement pension by widow of existing
pensions contributor), there shall be substituted the following regulation:—
“
8A 

(1) Where, in accordance with an election
made by a widow under section 33(3)
of the National Insurance Act 1965
(which provides that where a woman, immediately before attaining pensionable
age, is a widow, account may be taken of her husband's contributions for the
purpose of her right to a retirement pension by virtue of her own insurance)
a number of contributions equal to the yearly average (ascertained as at the
date of her husband's attaining pensionable age or dying under that age) of
the contributions paid by or credited to her husband is to be treated as having
been paid by or credited to her for any period, that yearly average shall,
if he was an existing pensions contributor, be—
(a) the yearly average (so ascertained) of
the contributions which were required, or would have been required, to be
taken into account for the purpose of his right to a retirement pension; or

(b) the yearly average (so ascertained) of
the contributions which were required, or would have been required, to be
taken into account for the purpose of her right to widow's benefit, if that
yearly average is the higher.
(2) In the case of a retirement pension for
a widow by virtue of the insurance of her husband where he has died after
she has attained pensionable age, the yearly average of the contributions
paid by or credited to her husband shall, if he was an existing pensions contributor
who was insured under the Contributory Pensions Acts for the purposes of widow's
pensions, but not for the purposes of old age pensions, be—
(a) the yearly average ascertained as at
the relevant time by reference to the contributions which were required, or
would have been required, to be taken into account for the purpose of his
right to a retirement pension; or
(b) the yearly average ascertained as at
the relevant time by reference to the contributions which are required to
be taken into account for the purpose of her right to a retirement pension
by virtue of his insurance, if that yearly average is the higher.”
4 

(1) These regulations shall apply to cases
in which the husband died before, as well as to cases in which the husband
died on or after, the date on which these regulations come into operation,
but shall not operate to make benefit payable, or to increase the rate of
benefit payable, for any period before that date.
(2) The taking into account of any contribution
for the purposes of any benefit for a woman by virtue of her husband's insurance,
in any case where the husband has died before 30th May 1966, shall not affect
the right to benefit or the rate of benefit payable for any period before
the date on which the contribution is paid, except that, if the contribution
is paid within 6 months after 30th May 1966, the contribution shall be taken
into account for the purposes of the right to benefit from that date.
Margaret Herbison
Minister of Pensions and National Insurance
20th May 1966Joseph Harper
George Lawson
Two of the Lords Commissioners of Her Majesty's Treasury
23rd May 1966