
1 

(1) These regulations may be cited as the
Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979
and shall come into operation on 10th July 1979.
(2) In these regulations, unless the context
otherwise requires—
 “the Act”
means the Social Security
Act 1975;
 “the Pensions Act”
means the Social Security
Pensions Act 1975;
 “home responsibilities year”
 means a year in which the person in
question was precluded from regular employment by responsibilities at home
within the meaning of the 
Social Security Pensions (Home Responsibilities and Miscellaneous Amendments)
Regulations 1978;
 “husband”, “wife” or 
“spouse” in relation to any person who has been
married more than once means the last husband, last
wife or last spouse respectively;
 “a period of at least 10 years”
 means a period of, or periods amounting
in the aggregate to, at least 3,652 days;
 “period of deferment”
 has the meaning assigned to it in 
paragraphs 2(2)(b) and 5(1) of Schedule
1 to the Pensions Act;
 “qualifying year”
in relation to any person means a year for which his
earnings factor is sufficient for satisfaction of 
paragraph (b) of the second contribution condition
specified in paragraph 5 of Schedule 3
to the Act, but not including (except for the purposes of 
regulation 6) a year which is treated as such
a year by virtue of regulation 8(4)
and not including any home responsibilities year;
 “the determining authority”
 means, as the case may require, an insurance
officer, a local tribunal or a Commissioner;
 “section 9(2), 9(3) or 10(2)
increase” means an increase under 
section 9(2), 9(3)
or 10(2), respectively,
of the Pensions Act of a person's Category A retirement pension attributable
to his spouse's contributions;
 “Service Pensions Instrument”
 means a provision and only a provision
of any Royal Warrant, Order in Council or other instrument (not being a 1914-1918 
War Injuries Scheme) under which a disablement
pension (not including a pension calculated or determined by reference to
length of service) may be paid out of public funds in respect of any disablement,
wound, injury or disease due to service in the naval, military or air forces
of the Crown or in any nursing service or other auxiliary service of any of
the said forces or in the Home Guard or in any other organisation established
under the control of the Defence Council or formerly established under the
control of the Admiralty, the Army Council, or the Air Council;
 “1914-1918 War Injuries Scheme”
 means any scheme made under the Injuries in War (Compensation) Act 1914
 or under the 
Injuries in War Compensation Act 1914 (Session 2)
or any Government scheme for compensation in respect of persons injured in
any merchant ship or fishing vessel as the result of hostilities during the
1914-1918 war;
 “unemployability supplement”
 has the extended meaning assigned to
it in regulation 2
of the Social Security (Overlapping Benefits) Regulations
1979 and further includes benefit corresponding
to an unemployability supplement by virtue of regulations under 
section 159(3)(a) of the Act;
 “year”
means tax year.
(3) For the purposes of these regulations
a person who has obtained a decree absolute of presumption of death and dissolution
of marriage under the Matrimonial
Causes Act 1973 shall, notwithstanding that
the spouse whose death has been presumed is dead, be treated as a person whose
marriage has been terminated otherwise than by the death of his spouse unless
the date of his death is established to the satisfaction of the Secretary
of State or the determining authority, whichever is appropriate; and, in relation
to a person who is so treated, the marriage in question shall be treated as
having been terminated on the date of the decree absolute.
(4) For the purposes of 
regulations 11(1)(d), 12(3)
and 13(2) a person shall
be deemed to be, or to have been, entitled to a pension or benefit if he would
have been so entitled had he made a claim for it.
2 

(1) Subject to the provisions of these regulations,
where any person (other than one mentioned in 
paragraph (2))—
(a) has retired from regular employment or
has otherwise become entitled to either a Category A or a Category B retirement
pension but is, in the case of a woman, under the age of 65 or, in the case
of a man, under the age of 70; and
(b) elects that this regulation shall apply
in his case,the Act shall have effect as if that person had not retired or
become entitled as aforesaid.
(2) Paragraph
(1) shall not apply to:—
(a) a person who has previously made such
an election;
(b) in relation to a Category A retirement
pension, a husband whose wife is entitled, by virtue of his contributions,
to a Category B retirement pension or a section
10(2) increase and who does not consent to
his election, unless that consent is unreasonably withheld.
(3) Notice of election for the purpose of
this regulation shall be given to the Secretary of State in writing on the
form approved by him for the purpose, or in such other manner, being in writing,
as he may accept as sufficient in the circumstances of any particular case
or class of cases; and if any such notice is sent by post, it shall be deemed
to have been given on the date it was posted.
(4) Subject to paragraphs (5) and (6) an election
shall take effect—
(a) where the notice does not specify a date
as the date of the person's election, on the date on which the notice is given;
or
(b) where the notice specifies a date as
the date of the person's election, being not earlier than the date on which
the notice is given and not later than the expiration of 28 days after that
date, on the date so specified.
(5) In the case of a man whose wife is entitled,
by virtue of his contributions, to a Category B retirement pension or a 
section 10(2) increase—
(a) if she consents in writing to the election,
the election shall not take effect earlier than the date of her consent; or

(b) if she does not so consent and the determining
authority decides that her consent has been unreasonably withheld, the election
shall take effect in accordance with the provisions of 
paragraph (4) or on such later date (if any)
as that authority, having regard to all the circumstances of the case, may
determine.
(6) Where a woman entitled to a Category
B retirement pension under section 29(4)
of the Act has, on or after 6th April 1979, made an election and has not revoked
it, then, for the purpose only of determining her right to increments under 
paragraph 2 of Schedule 1 to the Pensions Act,
her election shall be treated as if it took effect from 6th April 1979 or,
if later, the date of the death of her husband by virtue of whose contributions
she is so entitled.
3 
Where an election has been made in accordance with 
regulation 2—
(a) subject to the provisions of regulations
made under section 81(2)(a)
of the Act (adjustment to prevent payments for periods of less than a week
or at different rates for different parts of a week), no Category A or B retirement
pension shall be payable to a person and no Category B retirement pension
or section 10(2)
increase shall be payable to a man's wife by virtue of his contributions for
any period on or after the date of his election and before he subsequently
retires from regular employment or dies; and
(b) where the person who has made the election
is a woman who became entitled to a Category B retirement pension otherwise
than by virtue of having retired from regular employment, and she revokes
her election, she shall cease to be treated as if she had not become entitled
to such a retirement pension; and
(c) where the person who has made the election
is a man whose wife is entitled to a Category B retirement pension or a 
section 10(2) increase by virtue of his contributions
and he subsequently retires from regular employment and claims a retirement
pension, his claim may be treated as including a claim by his wife, by virtue
of his contributions, for a Category B retirement pension or a 
section 10(2) increase.
4 

(1) For the purposes of 
paragraph 2 of Schedule 1 to the Pensions Act
a day shall be treated as a day of increment in relation to any person if
it is a day in that person's period of deferment, other than a Sunday, in
respect of which—
(a) if that person had retired from regular
employment on attaining pensionable age or, in the case of a married woman
and her Category B retirement pension or section
10(2) increase, if she and her husband had
retired from regular employment on attaining pensionable age, that person
would have been entitled to a Category A or a Category B retirement pension
(and would not have been disqualified for receiving it by reason of imprisonment
or detention in legal custody); and
(b) that person had not received any of the
following benefits:—
(i) any benefit under Chapters I and II of Part II of
the Act other than child's special allowance, attendance allowance, mobility
allowance and guardian's allowance; or
(ii) injury benefit or an unemployability
supplement; and
(c) in the case of a married woman who would
have been entitled to a Category B retirement pension or a 
section 10(2) increase, her husband had not
received an increase of any of the benefits mentioned in 
paragraph (1)(b) in respect of her.
(2) Subject to the following paragraph, for
the purposes of this regulation, where in respect of any day—
(a) a person has received one or more of
the benefits mentioned in paragraph (1)(b)
or (c), and
(b) either—
(i) the Secretary of State or the determining
authority, whichever is appropriate, has determined that in respect of that
day he was not entitled to that benefit; or
(ii) by virtue of the provisions of the Employment Protection (Recoupment of
Unemployment Benefit and Supplementary Benefit) Regulations 1977
the Secretary of State has recovered from that person's employer sums on account
of unemployment benefit received by that person in respect of that day; and

(c) the whole of the benefit or sum on account
of benefit in respect of that day has been repaid or, as the case may be,
recovered before the relevant date,that day shall be treated as a day in respect of which he did not
receive that benefit; and in this paragraph “relevant
date” means — 
(i) where a person's entitlement to increments under 
paragraph 2 of Schedule 1 to the Pensions Act
is in question, the end of his period of deferment; or
(ii) where a person's entitlement
to increments under paragraph 4
or 4A of that Schedule in
relation to the deferred retirement of a deceased spouse is in question, the
date of the death of that spouse.
(3) Where the benefit or sum on account of
benefit in respect of a day to which 
paragraph (2)(a) and (b) applies is repaid
or, as the case may be, recovered on or after the said relevant date, that
day shall not be treated as a day in respect of which that person did not
receive that benefit until the benefit has been repaid or, as the case may
be, sums on account of the benefit have been recovered in respect of all the
days to which those sub-paragraphs relate and which fall within the period
to which this regulation applies.
5 

(1) This regulation applies to a person referred
to in paragraph 1 of Schedule 1
to the Pensions Act during whose period of deferment there has been an increase,
other than an increase made by an order under 
section 124 of the Act, in the rate of the
Category A or Category B retirement pension to which he would have been entitled
if he had retired from regular employment on attaining pensionable age.
(2) In relation to a person to whom this
regulation applies, paragraph 2(1)
to (3) of the said Schedule 1 shall have effect
with the additions, omissions and amendments prescribed below.
(3) In paragraph
2(1) for the words after “incremental
period” there shall be substituted—“
(a) in his period of deferment;
and

(b) in each period beginning with
the day on which an increase in the weekly rate of his pension took place
and ending with the day before that of his retirement.”.
(4) After paragraph
2(2)(b) there shall be added—“
and 
(c) `weekly rate of his pension' means the weekly rate of the Category A or Category B retirement pension
to which that person would have been entitled if he had retired on attaining
pensionable age; and
(d) `increase'
 means an increase in the weekly rate
of his pension other than an increase made by such an order as is mentioned
in sub-paragraph (5)
below.
”.
(5) In paragraph
2(3) for the words after “incremental
period” there shall be substituted—“
(a) in the case of an incremental
period specified in paragraph 2(1)(a)
above, shall be 1/7th per cent of the weekly rate of his pension immediately
after he attained pensionable age; and

(b) in the case of an incremental
period specified in paragraph 2(1)(b)
above, shall be 1/7th per cent of that increase.”.
6 

(1) Where a person would be entitled to a
Category A or a Category B retirement pension, a widow's pension or a widowed
mother's allowance but for the fact that the second contribution condition
specified in paragraph 5(3) of Schedule 3
to the Act is not satisfied, he shall be entitled—
(a) to the basic component in that benefit
at a reduced rate calculated, in accordance with 
paragraph (3) of this regulation, as a percentage
of the rate specified in section 6(1)(a)
of the Pensions Act; and
(b) to the additional component in that benefit,
but where the percentage under paragraph
(1)(a) of this regulation is less than 25 per
cent, no basic component shall be payable under this paragraph.
(2) Where a person, who would be entitled
to an increase of benefit under sections 41, 
45 or 46
of the Act but for the fact that the second contribution condition specified
in paragraph 5(3) of Schedule 3
to the Act is not satisfied, is entitled to a basic component under 
paragraph (1)(a) of this regulation the benefit
shall be increased—
(a) in the case of a child dependant, by
the appropriate increase specified in Part IV
of Schedule 4 to the Act;
(b) in the case of an adult dependant, by
a percentage, calculated in accordance with 
paragraph (3) of this regulation, of the appropriate
increase there specified.
(3) Subject to 
paragraph (4) of this regulation the percentage
referred to in paragraphs (1)(a)
and (2)(b) of this regulation
shall be ascertained by taking the number of qualifying years in the working
life of the contributor concerned, expressing that number as a percentage
of the requisite number of years specified for that working life in 
paragraph 5(4) of Schedule 3 to the Act and
rounding up that percentage to the next whole number.
(4) For the purposes of 
paragraph (3) of this regulation the requisite
number of years shall be taken to be that number, apart from this paragraph,
reduced by the number of home responsibilities years of the contributor concerned
but not to below—
(a) in relation to a Category A or a Category
B retirement pension, 20 years; or
(b) in relation to a widow's pension or a
widowed mother's allowance, 20 years or, where the requisite number apart
from this paragraph is less than 40, half that requisite number.
(5) Where a person is entitled by virtue
of this regulation to a Category A retirement pension and also to a 
section 9(2), 9(3)
or 10(2) increase, an uprating
order shall have the effect of increasing—
(a) the basic component in that pension
(i) where there is a 
section 9(2) increase, in proportion to the
increase under that order of the sum specified in 
section 6(1)(a) of the Pensions Act; and
(ii) where there is a 
section 10(2) increase, in proportion to the
increase under that order of the sum specified in 
paragraph 9 of Part I of Schedule 4 to the
Act;
(b) the additional component in that pension,
where there is a section 9(3)
increase, by the percentage specified in that order for an increase of the
sums specified in section 23(1)(b)
of the Pensions Act.
7 
For the purposes of a woman's entitlement to a Category B retirement
pension under section 29(5)
of the Act, she shall be treated as being entitled to a widow's pension if
she would have been so entitled but for any one or more of the following circumstances:—

(a) her failure to make, or delay in making,
a claim for that widow's pension;
(b) her entitlement to a widow's allowance
or a widowed mother's allowance;
(c) the operation of 
section 82 of the Act (disqualification and
suspension) or section 85
of the Act (overlapping benefits and hospital in-patients) or any regulations
made under either of those sections, except for the operation of 
section 82(5)(a) of the Act (absence from Great
Britain);
(d) the operation of any provision of the
Act or any regulations made under the Act disqualifying her for the receipt
of that widow's pension for any period, except for the operation of the said 
section 82(5)(a);
(e) her having attained the age of 65;
(f) her remarriage after 4th April 1971,

and for the purposes of section
29(7)(c) of the Act the weekly rate of the
widow's pension shall be the weekly rate to which she would have been entitled
but for any one or more of the said circumstances.
8 

(1) This regulation
applies to— 
(a) any person whose last
marriage terminated before he attained pensionable age and who did not remarry
before that date;

(b) any man widowed on or after attaining
pensionable age, his former spouse being under pensionable age when she died;
and

(c) any person whose last marriage
terminated on or after the date on which he attained pensionable age otherwise
than by the death of his spouse,
 and any such person shall be referred to in this regulation as “the beneficiary”.
(2) Where the beneficiary does not, in respect
of the year in which his marriage terminated or any previous year, with his
own contribution satisfy the contribution conditions for a Category A retirement
pension specified in paragraph 5 of Schedule
3 to the Act, then, for the purpose of enabling
him to satisfy those conditions, the contributions of his former spouse may,
if it is advantageous to him, be treated to the extent specified in paragraphs (3) to (6) as though
they were his own.
(3) The beneficiary shall be treated as satisfying
the first contribution condition if his former spouse had satisfied that condition
as respects any year of his working life up to (inclusive) the year in which
the marriage terminated.
(4) The beneficiary shall be treated as satisfying
the second contribution condition as respects the number of years arrived
at under paragraph 2 or 
3 of Schedule 1 to these regulations, whichever
is the more beneficial to him.
(5) Where a person is entitled for any period
to any basic component in his Category A retirement pension by virtue of this
regulation and regulation 6,
he shall not be entitled for that period to a 
section 9(2) increase.
(6) Where any of a person's home responsibilities
years falls in a period in respect of which his spouse's contributions are
treated as his own under this regulation, no such year shall be taken into
account in the determination of his pension entitlement either for the purposes
of paragraph 5(6) of Schedule 3
to the Act or for the purposes of regulation
6.
9 
The conditions for entitlement to a Category C retirement pension
shall be that the person concerned—
(a) was resident in Great Britain for a period
of at least 10 years between 5th July 1948 and 1st November 1970, inclusive
of both dates; and
(b) was ordinarily resident in Great Britain
on 2nd November 1970 or on the date of his claim for that pension.
10 
The conditions for entitlement to a Category D retirement pension
shall be that the person concerned—
(a) was resident in Great Britain for a period
of at least 10 years in the period of 20 years ending on the day before he
attained the age of 80; and
(b) was ordinarily resident in Great Britain
either—
(i) on the day he attained the age of 80;
or
(ii) if he was not so ordinarily resident
on that day and the date of his claim for the pension was later than that
day, on the date of his claim, so however that where a person satisfies this
condition under this head he shall be deemed to have satisfied it on the date
that he became so ordinarily resident.
11 

(1) Subject to the provisions of these regulations,
a widow whose husband was over pensionable age on 5th July 1948 shall be entitled
to a Category C retirement pension at a rate ascertained in accordance with 
paragraph (3) if—
(a) she is over pensionable age; and
(b) she has retired from regular employment;
and
(c) she was over the age of 40 either—

(i) when her husband died; or
(ii) if she was entitled under 
regulation 14 to benefit corresponding to a
widowed mother's allowance, when she ceased to be so entitled; and either

(d) her husband was at any time entitled
to a Category C retirement pension or a retirement pension under section 1(1)(a) of
the National Insurance Act 1970;
or
(e) her husband died before 2nd November
1970 and—
(i) she was resident in Great Britain for
a period of at least 10 years between 5th July 1948 and 1st November 1970,
inclusive of both dates; and
(ii) she was ordinarily resident in Great
Britain on 2nd November 1970 or on the date of her claim for a Category C
retirement pension; and
(iii) he was ordinarily resident in Great
Britain on the date of his death.
(2) A pension payable under 
paragraph (1) shall commence on 6th April 1975
or the date on which the requirements of 
sub-paragraphs (a) to (c) and either 
(d) or (e)
of that paragraph are satisfied in relation to the beneficiary, whichever
is the later, and shall be payable for life.
(3) The pension under 
paragraph (1) shall be at the higher rate specified
in relation to a Category C retirement pension in 
Part III of Schedule 4 to the Act, so however
that—
(a) in the case of a widow who was under
the age of 50 either when her husband died, or, if she was entitled under 
regulation 14 to benefit corresponding to a
widowed mother's allowance, when she ceased to be so entitled, the rate of
such pension shall be reduced as if the provisions of 
section 26(2) of the Act applied to it;
(b) the provisions of 
section 30(1) of the Act (earnings rule) shall
apply to a pension payable under this regulation as they apply to a Category
A or B retirement pension.
12 

(1) Subject to the provisions of these regulations,
a woman whose marriage to a husband who was over pensionable age on 5th July
1948 was terminated otherwise than by his death shall be entitled to a Category
C retirement pension at the higher rate specified in relation to such a pension
in Part III of Schedule 4
to the Act if—
(a) she had attained pensionable age before
the date of the termination of the marriage; and
(b) she has retired from regular employment;
and
(c) the conditions set out in 
paragraph (2) or (3),
as the case may be, are satisfied.
(2) The conditions applicable in the case
of a woman whose marriage was terminated before 2nd November 1970 shall be—

(a) that she was resident in Great Britain
for a period of at least 10 years between 5th July 1948 and 1st November 1970,
inclusive of both dates; and
(b) that she was ordinarily resident in Great
Britain on 2nd November 1970 or on the date of her claim for a Category C
retirement pension; and
(c) that her husband was ordinarily resident
in Great Britain on the date of the termination of the marriage; and
(d) that she did not remarry between the
date of that termination and 2nd November 1970.
(3) The condition applicable in the case
of a woman whose marriage was terminated on or after 2nd November 1970 shall
be that her husband was entitled to a Category C retirement pension or a retirement
pension under section 1(1)(a)
of the National Insurance Act 1970.

(4) A pension payable under 
paragraph (1) shall commence on 6th April 1975
or the date on which the requirements of 
sub-paragraphs (a) to (c) of that paragraph
are satisfied in relation to the beneficiary, whichever is the later, and
shall be payable for life; so however that the provisions of 
section 30(1) of the Act (earnings rule) shall
apply to a pension payable under this regulation as they apply to a Category
A or B retirement pension.
13 

(1) Subject to the provisions of these regulations,
a widow whose husband was over pensionable age on 5th July 1948 shall be entitled
to benefit corresponding to a widow's pension at a rate ascertained in accordance
with paragraph (3)
if—
(a) she was over the age of 40 but under
the age of 65 either—
(i) when her husband died; or
(ii) if she was entitled under 
regulation 14 to benefit corresponding to a
widowed mother's allowance, when she ceased to be so entitled; and
(b) the requirements of 
sub-paragraph (d) or (e) of regulation
11(1) are satisfied in her case.
(2) The period for which benefit is payable
under paragraph (1)
shall be any period commencing on the date on which the requirements of 
sub-paragraph (d) or (e) of regulation
11(1) are first satisfied in the case of the
widow, and during which she is under the age of 65 and for which she is not
entitled under regulation 14
to benefit corresponding to a widowed mother's allowance; so however that
the benefit shall not be payable for any period after the widow's remarriage
or for any period during which she and a man to whom she is not married are
living together as husband and wife.
(3) The benefit under 
paragraph (1) shall be at the higher rate specified
in relation to a Category C retirement pension in 
Part III of Schedule 4 to the Act; so however
that in the case of a widow who was under the age of 50 either when her husband
died, or, if she was entitled under regulation
14 to benefit corresponding to a widowed mother's
allowance, when she ceased to be so entitled, the rate of such benefit shall
be reduced as if the provisions of section 26(2)
 of the Act applied to it.
14 

(1) Subject to the provisions of these regulations,
a widow whose husband was over pensionable age on 5th July 1948 shall be entitled
to benefit corresponding to a widowed mother's allowance, which shall be at
the higher rate specified in relation to a Category C retirement pension in 
Part III of Schedule 4 to the Act, for any
period commencing on the date on which the requirements of 
sub-paragraph (d) or (e) of regulation
11(1) are first satisfied in her case and during
which she would have been entitled to a widowed mother's allowance under 
section 25 of the Act had her husband satisfied
the contribution conditions set out in paragraph
5 of Schedule 3 to the Act; so however that
the benefit shall not be payable for any period after the widow's remarriage
or for any period during which she and a man to whom she is not married are
living together as husband and wife.
(2) The provisions of 
section 41(4) of the Act (which relates to
increases of widowed mother's allowance in respect of children) shall apply
to benefit payable under this regulation as they apply to an allowance payable
under section 25(1)(a)
of the Act.
15 

(1) In the case of a widow of a member of
a police force or of a special constable who, as such a widow, is in receipt
of a pension under regulations from time to time in force made under—

(a) the 
Police Pensions Act 1976;
(b) 
section 34 of the Police Act 1964;

(c) 
section 26 of the Police (Scotland)
Act 1967,benefit under regulation 13
or 14 corresponding to a
widow's pension or a widowed mother's allowance shall not be payable in respect
of any week during which she is receiving an increase of the said pension
under either—
(i) the provisions of 
regulation 12 or 15
of the Police Pensions Regulations 1971, or of any corresponding regulations from time to time in
force and made as mentioned in sub-paragraph(a)
; or
(ii) those provisions as applied by regulations
from time to time in force and made as mentioned in 
sub-paragraph (b) or (c).

(2) For the purposes of 
paragraph (1), any reference in that paragraph
to an enactment or regulation shall include a reference to any corresponding
Northern Ireland legislation, or, as the case may be, any order or regulation
having effect by virtue of such legislation, being in each case passed or
made for purposes similar to the purposes of the enactment or regulation specified
in that paragraph.
16 

(1) For the sole purpose of determining whether
a woman who has been widowed satisfies the requirements of 
section 25(1)(a) of the Act (entitlement to
a widowed mother's allowance)—
(a) any person under the age of 19 residing
with the widow shall be deemed to be a child falling within 
section 25(2) of the Act if the requirement
in section 25(2)(a)
thereof is satisfied in his case, or if the requirement in 
section 25(2)(b) or (c)
thereof is so satisfied, or could have been so satisfied had he, immediately
before the death of the widow's late husband, been under the age of 16 or
not absent from Great Britain; and
(b) a widow shall be treated as entitled
to child benefit in respect of any person deemed, in accordance with 
sub-paragraph (a), to be a child falling within
the said section 25(2).

(2) In determining whether a woman who has
been more than once married and who was not residing with her late husband
immediately before his death is entitled to a widowed mother's allowance under 
section 25 of the Act, her late husband shall,
for the purposes of section 25(2)(b)
of the Act, be treated as having been entitled to child benefit in respect
of any child in respect of whom—
(a) a previous husband of that woman by a
marriage which ended with that husband's death was, immediately before his
death, entitled or treated as entitled to child benefit; and
(b) that woman was entitled or treated as
entitled to child benefit immediately before the death of her late husband.

(3) For the purposes of 
paragraph (2)(a) or (b),
if the death there referred to occurred before 4th April 1977 the previous
husband or, as the case may be, the woman, shall be treated as entitled to
child benefit in respect of the child in question if he or she satisfied the
relevant requirement in section 25(2)(c)
of the Act as originally enacted.
17 

(1) For the purposes of 
section 40(2) of the Act (age addition for
persons over the age of 80 who are not entitled to a retirement pension but
are in receipt of certain other payments) the prescribed enactments and instruments
shall be—
(a) Chapter
IV or V of Part II
of the Act;
(b) any scheme made under 
section 5 of the Industrial Injuries
and Diseases (Old Cases) Act 1975;
(c) any Service Pensions Instrument;
(d) any scheme made under the 
Personal Injuries (Emergency Provisions) Act 1939
or under the Pensions (Navy,
Army, Air Force and Mercantile Marine) Act 1939;

(e) any 1914-1918 
War Injuries Scheme;
(f) section
36 of the Act (non-contributory invalidity
pension);
(g) section
37 of the Act (invalid care allowance).
(2) The following shall be additional conditions
of entitlement to age addition under section
40(2) of the Act:—
(a) that the person concerned is in receipt
of a payment under an enactment or instrument specified in 
paragraph (1), by reference to which the amount
of a retirement pension would, if it were otherwise payable to him, be extinguished
by virtue of any regulations made under section
85(1)(a) of the Act (overlapping benefits);
and
(b) that had he made a claim for it, he would
have been entitled to a retirement pension of any category by virtue of any
provision of the Act or any regulations made under it.
18 
The Regulations specified in column
(1) of Schedule 2 to these regulations are
hereby revoked to the extent stated in column (3) of that Schedule.
Patrick Jenkin
Secretary of State for Social Services
11th June 1979
SCHEDULE 1
1 
In this Schedule—
(a) A is the number of the former spouse's
qualifying years up to (exclusive) the year in which the marriage terminated;

(b) B is the number of years in the former
spouse's working life up to (exclusive) the year in which the marriage terminated.

2 
The number of years arrived at under this paragraph
is that which is obtained by—
(a) taking the number of years in the beneficiary's working life between (inclusive) the first year in that working life and (inclusive) the year in which the marriage terminated, multiplying it by ABand rounding up the result to the next whole number;and
(b) adding to that number of years the number
of the beneficiary's qualifying years falling after the year in which the
marriage terminated.
3 
The number of years arrived at under this paragraph
is that which is obtained by—
(a) taking the number of years in the beneficiary's working life between (inclusive) the year in which the marriage took place and (inclusive) the year in which the marriage terminated, multiplying it by ABand rounding up the result to the next whole number; and
(b) adding to that number of years the number
of the beneficiary's qualifying years falling—
(i) before the year in which the marriage
took place; and
(ii) after that in which the marriage terminated.

SCHEDULE 2
Regulation 18


Regulations revoked Reference Extent of revocation
(1) (2) (3)
The 
Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974
 S.I. 1974/2059 The whole of the regulations
The Social
Security (Miscellaneous Amendments and Transitional Provisions) Regulations
1975 S.I. 1975/566 Regulation 3
The 
Social Security (Non-Contributory Invalidity Pension) Regulations 1975 S.I. 1975/1058 
Regulation 14
The 
Social Security (Non-Contributory Invalidity Pension) Amendment Regulations
1975 S.I. 1975/1166 Regulation 2
The 
Social Security (Invalid Care Allowance) Regulations 1976 S.I. 1976/409 
Regulation 21
The 
Social Security (Miscellaneous Amendments) Regulations 1976 S.I. 1976/1736 
Regulation 2
The 
Social Security (Child Benefit Consequential) Regulations 1977 S.I. 1977/342 
Regulation 4
The 
Social Security (Miscellaneous Amendments) Regulations 1977 S.I. 1977/1509 
Regulation 2
The 
Social Security (Widow's Benefit and Retirement Pensions) Amendment Regulations
1978 S.I. 1978/392 The whole of the regulations
The 
Social Security (Benefit) (Transitional) Regulations 1979 S.I. 1979/345 
Regulation 6