
1 
These regulations may be cited as the Social Security Benefit (Married
Women and Widows) (Amendments and Transitional Provisions) Regulations 1975
and shall come into operation on 6th April 1975.
2 

(1) In these regulations, unless the context
otherwise requires—
 “the Act”
means the Social Security
Act 1975;
 “the former Contributions Regulations”
 means the 
National Insurance (Contributions) Regulations 1969;
 “the former Married Women Regulations”
 means the 
National Insurance (Married Women) Regulations 1973;
 “the former Principal Act”
 means the 
National Insurance Act 1965;
 “the Maternity Allowance Transitional
Regulations” means the Social Security (Maternity Allowance)
(Transitional) Regulations 1974;
 “the Overlapping Benefits Regulations”
 means the 
National Insurance (Overlapping Benefits) Regulations 1972;
 “personal benefit”, “Personal Injuries Scheme”, “Service Pensions Instrument” and “1914-1918 War Injuries Scheme” have the same meanings as in the Overlapping Benefits Regulations
;
 “the Short-Term Benefits Transitional
Regulations” means the Social Security (Short-Term Benefits)
(Transitional) Regulations 1974;
 “the Special Provisions Regulations”
 means the 
Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations
1974;

 “transitional period”
 means— 
(a) in the case of a maternity allowance the period beginning with
23rd June 1975 and ending with 19th March 1977;
(b) in the case of a period of interruption
of employment commencing on or before 1st January 1977 the period beginning
with 6th April 1975 and ending with 28th May 1977; and
(c) in any other case the period
beginning with 6th April 1975 and ending with 1st January 1977;
 “week”
in relation to a period before 6th April 1975 means 
a contribution week within the meaning of the former Principal Act as extended
by regulation 118
of the Social Security (Contributions) Regulations 1975
;
and other expressions have the same meanings as in the Act.
(2) Any reference in these regulations to
any provision made by or contained in any enactment or instrument shall, except
in so far as the context otherwise requires, be construed as a reference to
that provision as amended or extended by any enactment or instrument and as
including a reference to any provision which it re-enacts or replaces or which
may re-enact or replace it with or without modification.
(3) The rules for the construction of Acts
of Parliament contained in the 
Interpretation Act 1889 shall apply for the
purposes of the interpretation of these regulations as they apply for the
purposes of the interpretation of an Act of Parliament.
3 

(1) This regulation applies, for the purposes
of a claim for unemployment benefit, sickness benefit or a maternity allowance
in respect of a period of interruption of employment beginning during, or,
in the case of a maternity allowance, where the expected week of confinement
falls within, the transitional period, to a woman who was insured under the
former Principal Act and whose marriage has been terminated by the death of
her husband or otherwise.
(2) A woman to whom this regulation applies
shall be credited with contributions for the weeks specified in 
paragraph (6) below if she satisfies the conditions
specified in paragraph (3)
or, as the case may be, paragraph (4)
below.
(3) The condition for the crediting of contributions
for the purposes of a claim for unemployment benefit is that the woman shall—

(a) in any one tax year (not being a year
before that in which the marriage took place and being either the last year
before that in which the marriage terminated or any subsequent year), have
paid Class 1 contributions under the Act and the earnings factor derived from
those contributions is not less than that year's lower earnings limit multiplied
by 25; or
(b) (if the marriage terminated before 6th
October 1975) at any time in respect of weeks beginning not earlier than the
26th week next before that in which the marriage terminated, have paid 26
contributions as an employed person under the former Principal Act.
(4) The condition for the crediting of contributions
for the purposes of a claim for sickness benefit or a maternity allowance
is that the woman shall—
(a) in any one tax year (not being a year
before that in which the marriage took place and being either the last year
before that in which the marriage terminated or any subsequent year), have
paid contributions under the Act of Class 1 or Class 2 or of both those classes
and the earnings factor derived from those contributions is not less than
that year's lower earnings limit multiplied by 25; or
(b) (if the marriage terminated before 6th
October 1975) at any time in respect of weeks beginning not earlier than the
26th week next before that in which the marriage terminated, have paid 26
contributions under the former Principal Act each of which was either a contribution
as an employed person or a contribution as a self-employed person.
(5) References in 
paragraphs (3)(b) and (4)(b)
above to contributions under the former Principal Act include references to
contributions which, by virtue of regulations
5 and 14(4)(a)
of the Short-Term Benefits Transitional Regulations, a person is, for the
purposes specified in the latter regulations, deemed to have paid.
(6) The weeks for which contributions shall
be credited by virtue of this regulation are the weeks during the whole of
which the marriage subsisted in the contribution year (as specified in 
regulation 4 of, and Schedule 1
to, the Short-Term Benefits Transitional Regulations) or, in the case of a
maternity allowance, in the relevant 52 or 53 week period (as specified in 
column 2 of regulation 2 of the Maternity Allowance
Transitional Regulations).
4 

(1) Subject to the following provisions of
this regulation, for the purposes of a claim for unemployment benefit, sickness
benefit or a maternity allowance in respect of a period of interruption of
employment beginning during, or, in the case of a maternity allowance, where
the expected week of confinement falls within, the transitional period, where,
otherwise than by reason of remarriage or cohabitation with a man as his wife,
a woman who was insured under the former Principal Act 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,
as respects the 26 contributions under the former Principal Act required to
have been paid, the contribution conditions for unemployment benefit, sickness
benefit and a maternity allowance;
(b) there shall, for the purpose of her satisfying,
as respects the 50 contributions under the former Principal Act required to
have been paid or credited in a contribution year, the contribution conditions
for unemployment and sickness benefit, be credited to her a contribution under
the former Principal Act as an employed person for each week which began in
the period commencing with the beginning of the last complete contribution
year before the beginning of the benefit year which includes the day on which
she ceases to be entitled as aforesaid and ending with that day;
(c) there shall, for the purpose of her satisfying
the contribution conditions for a maternity allowance, be credited to her
a contribution under the former Principal Act as an employed person for each
week of the relevant 52 or 53 weeks (as specified in 
column 2 of regulation 2 of the Maternity Allowance
Transitional Regulations) which falls before the week in which she ceases
to be entitled as aforesaid;
(d) for the purposes of the provisions of 
section 18(1) of the Act (exhaustion of, and
requalification for, unemployment benefit) if the day on which she ceases
to be entitled as aforesaid falls during a period of interruption of employment,
any part of that period before that day shall be left out of account and,
if on that day her right to unemployment benefit is exhausted, she shall be
deemed to have requalified therefor on that day.
(2) 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 
section 67 of the 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.

(3) Where a woman is entitled to personal
benefit by way of a widow's pension under section
67 of the 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 unemployment benefit
or sickness benefit or a maternity allowance, the provisions of sub-paragraphs (a) to (d) of paragraph (1)
of this regulation shall not operate to entitle her to unemployment benefit
or sickness benefit or a maternity allowance for any period before she has
paid 26 contributions under the former Principal Act of the appropriate class
in respect of weeks beginning after she ceased to be entitled as is mentioned
in the said paragraph (1);

(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, sickness benefit or a 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; and
(c) the reference in 
sub-paragraph (a) above to contributions under
the former Principal Act includes a reference to contributions which, by virtue
of regulations 5 and 
14(4)(a) of the Short-Term Benefits Transitional
Regulations, a person is, for the purposes specified in the latter regulations,
deemed to have paid.
(4) In determining for the purpose of 
paragraph (1) of this regulation whether a
woman ceases to be entitled as is mentioned in that paragraph, 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 the
Overlapping Benefits Regulations;shall be treated as if she is or (as the case may be) was entitled
thereto throughout that period.
(5) 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:  Provided
that, in relation to such a woman, the reference in 
paragraph (3)(a) of this regulation to her
ceasing to be entitled as aforesaid shall be construed as a reference to the
later or last of such occasions, so, however, that a woman who, after any
occasion (hereafter in this paragraph called “the
occasion in question”) and before the next subsequent
occasion, has satisfied, in relation to the occasion in question, the requirement
of paying the 26 contributions referred to in the said 
paragraph (3)(a) shall, in relation to any
right to benefit arising by reason of the application of the provisions of
the said paragraph (1)
on the occasion in question, be relieved from any restriction on that right
imposed by that paragraph as if the provisions of the said 
paragraph (1) had not applied on any subsequent
occasion.
(6) Where in accordance with the provisions
of sub-paragraph (b) or 
(c) of paragraph (1) of this regulation a contribution
is credited for any week, any contribution under the former Principal Act
otherwise credited, paid or treated as paid for that week shall be disregarded
for the purpose specified in the said sub-paragraph
(b) or (c),
but for all other purposes shall be taken into account to the exclusion of
any contribution credited in accordance with the provisions of those sub-paragraphs.

(7) Where, but for this paragraph, the provisions
of regulation 3
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 for any day or to a maternity allowance, her right thereto
shall, if its determination by reference to the provisions of one of those
2 regulations is more favourable to her than its determination by reference
to the provisions of the other, be determined by reference to the provisions
of that one to the exclusion of the provisions of the other.
(8) A widow who has satisfied the contribution
condition mentioned in regulation 3(5)(a)
of the Special Provisions Regulations shall be deemed to have satisfied the
requirement of paying 26 contributions mentioned in 
paragraph (3)(a) above.
(9) In this regulation 
“benefit year” and “contribution
year” have the meanings which were
assigned to them by regulation
2 of the National Insurance (General
Benefit) Regulations 1970.
5 
Where a woman is in receipt of any death benefit by way of pension
or allowance payable to her as the widow of the person in respect of whose
death that benefit is payable under section 67
 of the Act, any 
Personal Injuries Scheme, any Service Pensions
Instrument or any 1914-1918 War Injuries Scheme
, any retirement pension which is payable to
her wholly or in part by taking into account contributions credited to her
by virtue of the provisions of regulation 13
 of the former Married Women Regulations shall,
for the purposes of regulations for adjusting benefit payable to or in respect
of any person, or the conditions for receipt thereof, made under 
section 85 of the Act, be treated as payable,
wholly or in part, by virtue of her husband's contributions or insurance:

Provided that, in the case of a woman who has been a widow
more than once, the provisions of this paragraph shall apply in relation only
to contributions credited to her as the widow of her last husband.
6 

(1) The Special Provisions Regulations shall
be amended in accordance with the following provisions of this regulation.

(2) In regulation
6(2)(d) and (e)
of the Special Provisions Regulations after “corresponding to
a widow's pension or a widowed mother's allowance” there shall
in each case be inserted “(other than benefit which is reduced
in accordance with the provisions of regulation
10(3) of the Social Security (Widow's
Benefit and Retirement Pensions) Regulations 1974)”
.
(3) At the end of 
regulation 6(2) of the Special Provisions Regulations
there shall be inserted—“
Provided that sub-paragraphs (a) to (c) above
shall not apply to any year throughout the whole of which the woman is absent
from Great Britain unless she was an insured person under the former Principal
Act or before that year she has paid a contribution under the Act.
”
(4) For regulation
9(2) of the Special Provisions Regulations
there shall be substituted—“
(2) Where a woman who would
be entitled to an increase of benefit under 
section 41 or 45
of the Social Security Act 1975
but for the fact that the second contribution condition specified in 
paragraph 5 of Schedule 3 to that Act is not
satisfied, is entitled to benefit under paragraph
(1) of this regulation, the latter benefit
shall be increased—
(a) in the case of a child dependant, by
the amount specified in Part IV of Schedule 4
 to the Act as the amount of an increase of
the benefit in question for an only, elder, eldest or additional qualifying
child, as the case may be; and
(b) in the case of an adult dependant, by
a percentage of the amount specified in Part
IV of Schedule 4 to the Act as the amount of
an increase of the benefit in question for an adult dependant, the percentage
being ascertained in accordance with paragraph
(3) or (4)
of this regulation.”
Signed by authority of the Secretary of State for Social Services,

Brian O'Malley
Minister of State
Department of Health and Social Security
3rd April 1975