{
  "url": "https://openlegislation.uk/social-security-act-1975/section-39",
  "json_url": "https://openlegislation.uk/social-security-act-1975/section-39.json",
  "legislation": "ukpga/1975/14",
  "legislation_title": "Social Security Act 1975",
  "legislation_url": "https://openlegislation.uk/social-security-act-1975",
  "path": "section/39",
  "kind": "section",
  "number": "39",
  "heading": "Retirement benefits for the aged",
  "text": "(1) Subject to the provisions of this Act—\n(a) a person who was over pensionable age on 5th July 1948 and satisfies such conditions as may be prescribed shall be entitled to a Category C retirement pension at the appropriate weekly rate;\n(b) a woman whose husband is entitled to a Category C retirement pension shall, if she is over pensionable age and has retired from regular employment and satisfies such other conditions as may be prescribed, be entitled to such a pension at the appropriate weekly rate; and\n(c) a person who is over the age of 80 and satisfies such conditions as may be prescribed shall be entitled to a Category D retirement pension at the appropriate weekly rate if—\n(i) he is not entitled to a Category A, Category B or Category C retirement pension; or\n(ii) he is entitled to such a pension but it is payable at a weekly rate which, disregarding any increase (for dependants) under section 41, 45 or 46, is less than the appropriate weekly rate.\n(2) The appropriate weekly rate of a Category C or Category D retirement pension—\n(a) shall be the lower rate specified in relation thereto in Schedule 4, Part III, paragraph 5, where—\n(i) the pensioner is a married woman, and\n(ii) she has not, at any time since she became entitled to her pension, ceased to be a married woman; and\n(b) shall be the higher rate so specified in any other case.\n(3) A Category C or Category D retirement pension shall be payable for the pensioner's life.\n(4) Regulations may provide for the payment—\n(a) to a widow whose husband was over pensionable age on 5th July 1948 ; or\n(b) to a woman whose marriage to a husband who was over pensionable age on that date was terminated otherwise than by his death,\nof a Category C retirement pension, or of benefit corresponding to a widow's pension or a widowed mother's allowance; and any such pension or benefit shall be at the prescribed rate.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1975/14/section/39",
    "retrieved_at": "2026-10-29T10:40:38.067895+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}