# Social Security Act 1975, Section 39: Retirement benefits for the aged


(1) Subject to the provisions of this Act—
(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;
(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
(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—
(i) he is not entitled to a Category A, Category B or Category C retirement pension; or
(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.
(2) The appropriate weekly rate of a Category C or Category D retirement pension—
(a) shall be the lower rate specified in relation thereto in Schedule 4, Part III, paragraph 5, where—
(i) the pensioner is a married woman, and
(ii) she has not, at any time since she became entitled to her pension, ceased to be a married woman; and
(b) shall be the higher rate so specified in any other case.
(3) A Category C or Category D retirement pension shall be payable for the pensioner's life.
(4) Regulations may provide for the payment—
(a) to a widow whose husband was over pensionable age on 5th July 1948 ; or
(b) to a woman whose marriage to a husband who was over pensionable age on that date was terminated otherwise than by his death,
of 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.

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Source: https://www.legislation.gov.uk/ukpga/1975/14/section/39 (the official version)
Page: https://openlegislation.uk/social-security-act-1975/section-39
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.