
1979 No. 642
SOCIAL SECURITY
The Social Security (Widow'S Benefit and Retirement
Pensions) Regulations 1979
Made 11th June 1979
Laid before Parliament 19th June 1979
Coming into Operation 10th July 1979
The Secretary of State for Social Services, in exercise of
the powers conferred upon him by 
sections 29(5), 30(3), 
33, 39(1) and 
(4), 40(2), 
85(1) and 162 of,
and Schedule 20 to, the 
Social Security Act 1975, 
section 20 of, and paragraphs 2(2)(a)
 and 3 of Schedule 1
to, the Social Security Pensions Act 1975 and of all other powers
enabling him in that behalf, hereby makes the following regulations which
only consolidate the regulations herein revoked and which accordingly, by
virtue of paragraph 20 of Schedule 15
to the Social Security Act 1975,
are not subject to the requirement of section
139(1) of that Act for prior reference to the
National Insurance Advisory Committee:—
Citation, commencement and interpretation
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;
 “bereavement allowance” means an allowance awarded in accordance with section 39B of the Social Security Contributions and Benefits Act 1992 (as in force immediately before it was repealed by paragraph 13 of Schedule 16 to the Pensions Act 2014);
 “civil partner” in relation to any person who has been in a civil partnership more than once means the last civil partner;
 ...
 “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;
 ...
 ...
 “the determining authority" means, as the case may require, the Secretary of State, the First-tier Tribunal or the Upper Tribunal;
 “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;
 “shared additional pension” means a shared additional pension under section 55A  or 55AA of the Social Security Contributions and Benefits Act 1992;
 “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;
 “widowed mother’s allowance” means an allowance referred to in section 37 of the Social Security Contributions and Benefits Act 1992 (widowed mother’s allowance: deaths before 9 April 2001);
 “widowed parent’s allowance” means an allowance referred to in section 39A of the Social Security Contributions and Benefits Act 1992;
 “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 determining authority...; 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.
(3A) For the purposes of regulation 8 of these Regulations, where, before the coming into force of the Nullity of Marriages Act 1971 a decree of nullity was granted in relation to a person on the ground that the marriage was voidable, that person shall be treated as a person whose marriage has been terminated by divorce from the date on which that decree was made 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.
Disapplication of section 1(1A) of the Administration Act for the purposes of retirement pension
1A 
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) to an adult dependant in respect of whom a claim for an increase of retirement pension is made or treated as made before 5th October 1998.
(c) to an adult dependant who—
(i) is a person in respect of whom a claim for an increase of retirement pension is made;
(ii) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999; and
(iii) has not previously been allocated a national insurance number.
Election to be treated as not having retired
2 

(1) Subject to the provisions of these regulations,
where any person (other than one mentioned in 
paragraph (2))—
(a) has ... become entitled to either a Category A or a Category B retirement
pension  or a shared additional pension...; and
(b) elects that this regulation shall apply
in his case,the Act shall have effect as if that person had not ...
become entitled as aforesaid.
(2) Paragraph (1) shall not apply to a person who has previously made such an election.
(3) Notice of election for the purposes of this regulation may be given by telephone call to the telephone number specified by the Secretary of State unless the Secretary of State directs in any particular case that the notice ... must be given in writing.
(4) Subject to  paragraph (6), an election shall take effect–
(a) on the date on which it is given; or
(b) on such other date specified by the person making the election, being no earlier than the date on which it is given and no later than 28 days after the date on which it is given.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Provisions applying after election
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  or a shared additional pension shall be payable to a person ... for
any period on or after the date of his election and before he subsequently
 becomes entitled to a Category A or Category B retirement pension  or a shared additional pension  or dies; and
(b) where the person who has made the election
is a woman who became entitled to a Category B retirement pension  in accordance with section 29(4) of the Act, and she revokes
her election, she shall cease to be treated as if she had not become entitled
to such a retirement pension; ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Calculating periods of incapacity for work for welfare to work beneficiaries entitled to an increase of long-term incapacity benefit
3A 
Section 47(1) of the Social Security Contributions and Benefits Act 1992 (increase of Category A retirement pension for long-term incapacity) shall have effect, in any case where a person is treated in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995 as a welfare to work beneficiary, as if for the reference to 8 weeks there were substituted a reference to  104 weeks.
Days to be treated as days of increment
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 not deferred his entitlement to a Category A or Category B retirement pension, ... that person would have been entitled to such a 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,  disability living allowance  and guardian's allowance; or
(ii) graduated retirement benefit where that person’s period of deferment ended on or before 5th April 2006; or
(iii) an unemployability supplement;  or
(iv) state pension credit under section 1 of the State Pension Credit Act 2002;  or
(v) carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;or
(vi) universal credit; 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 ; and whose period of deferment began before 6th April 2005, her husband had not
received an increase of any of the benefits mentioned in 
paragraph (1)(b) in respect of her and
(d) in the case of a person who would have been entitled to a Category A or Category B retirement pension (“the deferrer”) and whose period of deferment begins on or after 6th April 2005—
(i) no other person has received an increase of any of the benefits mentioned in sub-paragraph (b) in respect of the deferrer; or
(ii) another person has received such an increase in respect of the deferrer and the deferrer is neither married to,  or in a civil partnership with, nor residing with, that other person; and
(e) in the case of a person who was a member of a couple, the other member of the couple was not in receipt of—
(i) income support under section 124 of the Social Security Contributions and Benefits Act 1992;
(ii) income-based jobseeker’s allowance under section 1 of the Jobseekers Act 1995;
(iii) state pension credit under section 1 of the State Pension Credit Act 2002; ...
(iv) income-related employment and support allowance under section 1 of the Welfare Reform Act 2007; or
(v) universal credit under Part 1 of the Welfare Reform Act 2012;
(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 determining
authority... 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  a ... jobseeker’s allowance  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 entitlement  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.
(4) For the purposes of paragraph 3 of Schedule 5A to the Social Security Contributions and Benefits Act 1992 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 if that person had not deferred his entitlement to a shared additional pension he would have been entitled to it (and would not have been disqualified from receiving it by reason of imprisonment or detention in legal custody).
(5) In this regulation—
(a) in paragraph (1), “couple” has the meaning—
(i) apart from in relation to universal credit, given by section 137(1) of the Social Security Contributions and Benefits Act 1992 (interpretation of Part VII and supplementary provisions);
(ii) in relation to universal credit, given by section 39 of the Welfare Reform Act 2012 (couples);
(b) in paragraph (2), “jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions; and
(c) “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012.
Modification of paragraph 2(1) to (3) of Schedule 1 to the Pensions
Act
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 63 of the Social Security Act 1986, in the rate of the
Category A or Category B retirement pension to which he would have been entitled
 if his entitlement to the pension had commenced on the day on which he attained 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  his entitlement arose.”.
(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 ... 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 1/5th  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  1/5th per cent.  of that increase.”.
Rate of benefit where the second contribution condition in paragraph 5 of Schedule 3 to the Social Security Contributions and Benefits Act 1992 is not satisfied
6 

(1) Subject to paragraph (2) of this regulation, where the second contribution condition specified in paragraph 5(3) of Schedule 3 to the Act is not satisfied a person shall be entitled to–
(a) widowed mother’s allowance;
(aa) widowed parent’s allowance;
(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) widow’s pension;
(c) Category A retirement pension; or
(d) Category B retirement pension, provided the percentage of the number of qualifying years in the working life of that person calculated in accordance with paragraph (3B) of this regulation is 25 per cent. or more.
(2) Where a person to whom paragraph (1) alone would otherwise apply is not entitled to benefit under that paragraph because the percentage of the number of qualifying years in his working life, calculated in accordance with paragraph (3B) of this regulation, is less than 25 per cent. but there are one or more surpluses in that person’s earnings factors for the relevant years, that person shall be entitled to–
(a) widowed mother’s allowance;
(aa) widowed parent’s allowance;
(b) widow’s pension;
(c) Category A retirement pension; or
(d) Category B retirement pension consisting only of the additional pension in that benefit.
(3) Where a person is entitled to benefit under paragraph (1) of this regulation, the benefit payable shall be–
(a) the basic pension in that benefit at a reduced rate calculated in accordance with paragraph (3B) of this regulation as a percentage of the higher of the sums specified in section 6(1)(a) of the Pensions Act; and
(b) any additional pension arising from one or more surpluses in the pensioner’s earnings factors for the relevant years; and
(c) any increase of benefit to which he may be entitled under sections ... 45, 45A, or 46 of the Act–
(i) in respect of an adult dependant calculated in accordance with paragraph (3B) of this regulation as a percentage of the appropriate increase specified in Part IV of Schedule 4 to the Act; ...
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) Where a person is entitled to benefit under paragraph (2) of this regulation, the benefit payable shall be only the additional pension in that benefit.
(3B) The  percentage referred to in paragraphs (1), (2), (3)(a) and (3)(c)(i) 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 pension  in that pension
(i) where there is a 
section 9(2) increase, in proportion to the
increase under that order of the  higher of the sums  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 pension  in that pension,
where there is a section 9(3)
increase, by the percentage specified in that order for an increase of the
sums  which are the additional pensions in the rates of long-term benefits.
(6) For the purposes of this regulation, “qualifying year” means a year for which a person’s earnings factor is sufficient to satisfy paragraph 5(3)(b) of Schedule 3 to the Social Security Contributions and Benefits Act 1992 and includes a year which is treated as such a year by virtue of regulation 8(4).
Proportion of retirement pension where the contribution condition in paragraph 5A of Schedule 3 to the Social Security Contributions and Benefits Act 1992 is not satisfied
6A. 

(1) This regulation applies where the contribution condition in paragraph 5A of Schedule 3 (contribution conditions for entitlement to benefit) to the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) is not satisfied in relation to a benefit to which that paragraph applies.
(2) The amount of such a benefit to which a person is nevertheless entitled shall be—
(a) 1/30th of the weekly rate of basic pension in that benefit for each year in the contributor’s working life in relation to which the requirements of paragraph 5A(2)(a) and (b) of Schedule 3 to the 1992 Act are satisfied; and
(b) any additional pension in that benefit arising from one or more surpluses in the contributor’s earnings factors for the relevant years.
(3) For the purposes of paragraph (2)(a), satisfaction of the requirements of paragraph 5A(2)(a) and (b) of Schedule 3 to the 1992 Act in relation to a year includes satisfaction of those requirements by virtue of regulation 8.
(4) Paragraph (5) of regulation 6 applies to entitlement to a Category A retirement pension by virtue of this regulation as it does to such entitlement by virtue of that regulation.
Regulations 6 and 6A: supplemental
6B. 
In regulations 6 and 6A, “basic pension” includes the weekly rate of Category B retirement pension specified in paragraph 5 of Part 1 (contributory periodical benefits) of Schedule 4 (rates of benefit, etc) to the Social Security Contributions and Benefits Act 1992.
Category B retirement pension for certain widows by virtue of husband's
contributions
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 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  pensionable age;
(f) her remarriage after 4th April 1971,

(g) her having ceased to be entitled to a widowed mother’s allowance at a time when she had reached the age of 65 but was under pensionable age,
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.
Category B retirement pension for surviving spouses and surviving civil partners  by virtue of deceased spouse’s or deceased civil partner's  contributions
7A 

(1) For the purposes of entitlement of any person (“the pensioner”) to a Category B retirement pension under section 48BB of the Social Security Contributions and Benefits Act 1992 (Category B retirement pension: entitlement by reference to benefit under section 39A or 39B) (“the 1992 Act”), the pensioner shall be treated as being entitled to a widowed parent’s allowance or a bereavement allowance as the case may be, if he would have been so entitled but for any one or more of the circumstances specifed in paragraph (2) below.
(2) The circumstances referred to in paragraph (1) above are—
(a) the pensioner’s failure to make, or his delay in making, a claim for that widowed parent’s allowance or bereavement allowance;
(b) the operation of section 113 of the 1992 Act (disqualification and suspension) or section 73 of the Social Security Administration Act 1992 (overlapping benefits) or any regulations made under either of those sections, except for the operation of section 113(1)(a) of the 1992 Act (absence from Great Britain);
(c) the operation of any provision of the 1992 Act or any regulations made under the 1992 Act, disqualifying the pensioner from receipt of that widowed parent’s allowance or bereavement allowance for any period except for the operation of the said section 113(1)(a);
(d) the pensioner’s having attained pensionable age;
(e) the pensioner’s having remarried or formed a civil partnership.
(3) Where this regulation applies the weekly rate of a Category B pension shall—
(a) in the case of a pensioner treated as being entitled to widowed parent’s allowance immediately before attaining pensionable age in consequence of the death of his or her spouse or civil partner, be that specified in section 48BB(2) of the 1992 Act;
(b) in the case of a pensioner treated as being entitled to—
(i) widowed parent’s allowance at any time when over the age of 45 but not immediately before attaining pensionable age, or
(ii) bereavement allowance at any time prior to obtaining pensionable age,
be that specified in section 48BB(5) and (6) of the 1992 Act as the case may be.
Notional entitlement to Category B retirement pension for new State Pension purposes
7B. 

(1) This regulation applies for the purposes of determining whether, in accordance with paragraph 3(1)(d) of Schedule 3 to the Pensions Act 2014 (survivor’s pension inherited amount: dead spouse or civil partner in old state pension scheme), a person (“the pensioner”) would have been entitled to a Category B retirement pension.
(2) The pensioner shall be treated as being entitled to bereavement support payment if the pensioner would have been so entitled but for one or both of the circumstances specified in paragraph (3).
(3) The circumstances referred to in paragraph (2) are—
(a) the pensioner’s failure to make, or the pensioner’s delay in making, a claim for that bereavement support payment;
(b) the operation of section 32 of the Pensions Act 2014 (bereavement support payment: prisoners) or any regulations made under that section.
Substitution of former spouse's  or former civil partner's contribution record to give entitlement
to a Category A retirement pension
8 

(1) This regulation
applies to— 
(a) any person whose last
marriage terminated before he attained pensionable age and who did not remarry or, as the case may be, form a civil partnership 
before that date;
(aa) any person whose last civil partnership terminated before he attained pensionable age and who did not form a subsequent civil partnership or, as the case may be, marry before that date;
(b) any man or woman widowed on or after attaining pensionable age or whose civil partner died on or after the man or woman had attained that age, his or her former spouse or former civil partner, as the case may be, being under pensionable age when she or he died; and
(c) any person  , other than one to whom regulation 8A applies, whose last marriage
                               or last civil partnership terminated on or after the date on which he attained pensionable age otherwise
than by the death of his spouse or, as the case may be, his civil partner,
 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 or civil partnership  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 Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) or the contribution condition for such a pension specified in paragraph 5A of that Schedule to that Act, then, for the purpose of enabling
him to satisfy those conditions, the contributions of his former spouse or former civil partner  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 specified in paragraph 5 of Schedule 3 to the 1992 Act if his former spouse or former civil partner—
(a) had satisfied that condition; or
(b) would have satisfied that condition had paragraph 5A of Schedule 3 not been applicable,
as respects any year of his working life up to (inclusive) the year in which the marriage or civil partnership terminated.
(3A) The beneficiary shall be treated as satisfying the first contribution condition specified in paragraph 5 of Schedule 3 to the 1992 Act if his former spouse or former civil partner would have satisfied that condition had Part 1 of the Pensions Act 2014 not been applicable, as respects any year of his working life up to the year ending on 5th April 2016 (inclusive).
(4) The beneficiary shall be treated as satisfying
the second contribution condition  specified in paragraph 5 of Schedule 3 to the 1992 Act or the contribution condition specified in paragraph 5A of that Schedule to that Act 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 pension  in his Category A retirement pension by virtue of this
regulation and regulation 6 or 6A,
he shall not be entitled for that period to a 
section 9(2) increase.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8A. 

(1) This regulation applies to a person—
(a) whose marriage or civil partnership terminated otherwise than by the death of that person’s spouse or civil partner;
(b) whose marriage or civil partnership terminated after—
(i) that person; and
(ii) that person’s former spouse or former civil partner,
attained pensionable age;
(c) who attained pensionable age on or after 6th April 2010;
(d) whose former spouse or former civil partner attained pensionable age on or after 6th April 2010; and
(e) whose former spouse or former civil partner—
(i) satisfied the contribution condition specified in paragraph 5A(2) of Schedule 3 (contribution conditions for entitlement to benefit) to the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”); or
(ii) would have satisfied the contribution condition specified in paragraph 5A(2) of Schedule 3 to the 1992 Act in respect of contributions paid before 6th April 2016 had Part 1 of the Pensions Act 2014 not been applicable.
(2) Where a person to whom this regulation applies does not satisfy the contribution condition specified in paragraph 5A(2) of Schedule 3 to the 1992 Act, that person shall be treated as having satisfied that condition by virtue of the contributions of the former spouse or civil partner.
Conditions for entitlement to a Category C retirement pension
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.
Conditions for entitlement to a Category D retirement pension
10 

(1) 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 any continuous period of 20 years which included the day before that on which he attained the age of 80 or any day thereafter; 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.
(2) Paragraph (1)(b) does not apply where, on the day or date determined in accordance with that paragraph, the person is ordinarily resident in an EEA state or Switzerland and one of the following provisions applies to that person—
(a) the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland, signed on 1st February 2019;
(b) the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on Citizens' Rights following the Withdrawal of the United Kingdom from the European Union and the Free Movement of Persons Agreement, signed on 25th February 2019;
(c) the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, signed on 24th January 2020;
(d) the Agreement on arrangements between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland following the withdrawal of the United Kingdom from the European Union, the EEA Agreement and other agreements applicable between the United Kingdom and the EEA EFTA States by virtue of the United Kingdom’s membership of the European Union, signed on 28th January 2020;
(e) the Protocol on Social Security Coordination to the Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part, signed on 30th December 2020;
(f) the Convention on Social Security Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation, signed on 9th September 2021;
(g) the Convention on Social Security Coordination between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland, signed on 30th June 2023.
Category C retirement pension for widows of men over pensionable age
on 5th July 1948
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) she was over the age of  45  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  weekly rate of £105.70 so however
that—
(a) in the case of a widow who was under
the age of  55  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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Category C retirement pension for certain women whose marriage has
been terminated otherwise than by death
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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. ...
Benefit corresponding to a widow's pension for widows of men over pensionable
age on 5th July 1948
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  45  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  55  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.
Benefit corresponding to a widowed mother's allowance for widows of
men over pensionable age on 5th July 1948
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.
Restriction on benefit under regulations 13 and 14 in certain cases
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.
Provision in relation to entitlement to child benefit for the purposes
of a widowed mother's allowance
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 20 residing with the widow shall be deemed to be  within section 25(2) of the Act if—
(i) the requirements of section 25(2)(a) are satisfied in his case and child benefit would have been payable in respect of him had he not been absent from Great Britain and had a claim for it been made in the manner prescribed under section 6 of the Child Benefit Act 1975, or
(ii) the requirements of section 25(2)(b) or (c) would have been satisfied, and child benefit would have been payable in respect of him continuously since the date of death of the late husband, had he not been absent from Great Britain and had a claim for child benefit been made in respect of him in the manner prescribed under section 6 of the Child Benefit Act 1975; 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 ... 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  or qualifying young person 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 or qualifying young person  in question if he or she satisfied the
relevant requirement in section 25(2)(c)
of the Act as originally enacted.
Provision in relation to entitlement to child benefit for the purposes of a widowed parent’s allowance
16ZA 

(1) For the purpose only of determining whether a man or a woman who has been widowed (“the surviving spouse”)  or whose civil partner has died (“surviving civil partner”) satisfies the requirements of subsection (2)(a) of section 39A of the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”)—
(a) a person shall be treated for the purposes of subsection (3) (b) or (c) of that section as having been entitled to child benefit in respect of a child  or qualifying young person where that person would have been so entitled had—
(i) that child  or qualifying young person not been absent from Great Britain, and
(ii) a claim for child benefit been made in respect of the child or qualifying young person  in the manner prescribed under section 13 of the Social Security Administration Act 1992; and
(b) the surviving spouse  or surviving civil partner shall be treated, for the purposes of subsection (2)(a) of section 39A, as entitled to child benefit in respect of the child  or qualifying young person who, by virtue of sub-paragraph (a) above, falls within subsection (3) of that section.
(2) In determining whether a surviving spouse  or surviving civil partner who has been more than once married  , has formed more than one civil partnership, or who has been both married and formed a civil partnership and who was not residing with the deceased spouse  or, as the case may be, the deceased civil partner immediately before his or her death is entitled to a widowed parent’s allowance under section 39A of the 1992 Act, the deceased spouse or deceased civil partner  shall, for the purposes of subsection (3)(b) of that section, be treated as having been entitled to child benefit in respect of any child or qualifying young person  in respect of whom—
(a) a previous spouse or civil partner  of that surviving spouse or civil partner  by a marriage or, as the case may be, by the formation of a civil partnership  which ended with that previous spouse’s  or previous civil partner's death was, immediately before his or her death, entitled or treated as entitled to child benefit; and
(b) that surviving spouse  or civil partner was entitled or treated as entitled to child benefit immediately before the death of the deceased spouse or civil partner.
Disapplication of section 1(1A) of the Administration Act for the purposes of widowed mother’s allowance or widowed parent’s allowance
16A 
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to a child or qualifying young person  in respect of whom an increase of widowed mother’s allowance or widowed parent’s allowance  is claimed.
Provisions relating to age addition for persons not in receipt of a
retirement pension
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 (severe disablement allowance);
(g) section
37 of the Act  (carer’s allowance).
(ga) the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;
(h) sections 36 and 37 of the National Insurance Act 1965 as continued in force by the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978.
(2) The following shall, subject to paragraph (3), 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.
(3) Paragraph (2) shall not apply to a person who is in receipt of a payment under the enactment specified in paragraph (1)(h).
Revocations
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

SCHEDULE 1
Method of treating former spouse's  or former civil partner's contributions as
those of the beneficiary so as to entitle him to a Category A retirement pension
1 
In this Schedule—
(a) A is the number of the former spouse's or former civil partner's 
qualifying years up to (exclusive) the year in which the marriage or, as the case may be, the civil partnership  terminated but where Part 1 of the Pensions Act 2014 applies to the former spouse or former civil partner, A is the number of his qualifying years up to the year ending on 5th April 2016 (inclusive);

(b) B is the number of years in the former
spouse's  or former civil partner's working life up to (exclusive) the year in which the marriage  or, as the case may be, the civil partnership terminated
; and
(c) “qualifying year” means a year for which the former spouse’s or former civil partner’s earnings factor is sufficient to satisfy—
(i) paragraph 5(3)(b); or
(ii) paragraph 5A(2)(b),
of Schedule 3 to the Social Security Contributions and Benefits Act 1992 and does not include a year which is treated as such a year by virtue of regulation 8(4).
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  or civil partnership 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 or civil partnership  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 or the civil partnership was formed and (inclusive) the year  in which the marriage or civil partnership terminated, multiplying it byABand 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 or the civil partnership was formed; and
(ii) after that  in which the marriage or civil partnership terminated.
SCHEDULE 2
REGULATIONS REVOKED
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