# The National Insurance (Pensions, Existing Contributors) (Transitional) Amendment Regulations 1966, Regulation 3: Amendment of regulation 8A of the principal regulations


For regulation 8A of the principal regulations (election as to retirement pension by widow of existing pensions contributor), there shall be substituted the following regulation:—
“Yearly average in the case of certain widows of existing pensions contributors
8A (1) Where, in accordance with an election made by a widow under section 33(3) of the National Insurance Act 1965 (which provides that where a woman, immediately before attaining pensionable age, is a widow, account may be taken of her husband's contributions for the purpose of her right to a retirement pension by virtue of her own insurance) a number of contributions equal to the yearly average (ascertained as at the date of her husband's attaining pensionable age or dying under that age) of the contributions paid by or credited to her husband is to be treated as having been paid by or credited to her for any period, that yearly average shall, if he was an existing pensions contributor, be—
(a) the yearly average (so ascertained) of the contributions which were required, or would have been required, to be taken into account for the purpose of his right to a retirement pension; or
(b) the yearly average (so ascertained) of the contributions which were required, or would have been required, to be taken into account for the purpose of her right to widow's benefit, if that yearly average is the higher.
(2) In the case of a retirement pension for a widow by virtue of the insurance of her husband where he has died after she has attained pensionable age, the yearly average of the contributions paid by or credited to her husband shall, if he was an existing pensions contributor who was insured under the Contributory Pensions Acts for the purposes of widow's pensions, but not for the purposes of old age pensions, be—
(a) the yearly average ascertained as at the relevant time by reference to the contributions which were required, or would have been required, to be taken into account for the purpose of his right to a retirement pension; or
(b) the yearly average ascertained as at the relevant time by reference to the contributions which are required to be taken into account for the purpose of her right to a retirement pension by virtue of his insurance, if that yearly average is the higher.”

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Source: https://www.legislation.gov.uk/uksi/1966/610/regulation/3 (the official version)
Page: https://openlegislation.uk/national-insurance-pensions-existing-contributors-transitional-amendment-regulations-1966/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.