Regulation 2 Miscellaneous amendments of the Widow's Benefit, Retirement Pension and Other Benefits (Transitional) Regulations 1974

The Widow's Benefit, Retirement Pension and Other Benefits (Transitional) Regulations 1974^f1 (hereinafter called “the principal regulations”) shall be further amended in accordance with the following provisions of this regulation.

In regulation 2(1)—

In regulation 2 there shall be added the following paragraph:—

“(2A)

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, a Commissioner, a local tribunal or an insurance officer, 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”.

In regulations 2(2), 4, 5(1) and (2), 6(2), 7(2) and (4), 8, 10, 12(2) and (3), 13(1) and 14(1) and (2) for the words “the appointed day” wherever they appear there shall be substituted “6th April 1975”.

In regulations 7(3)(a) and (b), 7(6)(a) and (b) and 7(6A) for the words “an existing contributor” there shall be substituted “a pre-1948 contributor”.

For the first seven lines of, and sub-paragraphs (a) and (b) of, regulation 7(8) there shall be substituted the following:—

“(8)

In the case of a person (hereinafter called “the beneficiary”) whose former spouse was a pre-1975 contributor and who has the contributions of his said spouse treated,, by virtue of regulation 5B of, and the Schedule to, the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974^f2 as if they were contributions of his own so as to entitle him to a Category A retirement pension—

(a)

the number of any qualifying years before 6th April 1975 which, by virtue of regulations 7(2) and 12C, were or could have been obtained by his former spouse and which may be taken into account towards the beneficiary's said entitlement, shall be ascertained by reference to the number of contributions of any class paid by or credited to his former spouse during the period of the former spouse's working life between (inclusive) the first year of his working life and (exclusive) the year in which the marriage terminated or the year 1975/76, whichever is the earlier, and shall not exceed the number of years in that period; and

(b)

the number of any qualifying years before 6th April 1975 which, by virtue of regulations 7(2) and 12C, are obtained by the beneficiary by virtue of paragraph 2(b) or, as the case may be, paragraph 3(b) of the said Schedule and which may be taken into account towards his said entitlement shall be ascertained by reference to the number of contributions of any class paid by or credited to him during the period or periods specified in the said paragraphs which fell before 6th April 1975 and shall not exceed the number of years in that period or in each of those periods, as the case may be; ”

In regulation 7(8)(c) before the words “if her husband died” there shall be inserted the words “where the beneficiary is a woman,”.

Regulations 7(9) and 11 are revoked.

In the Schedule, for the words “Category B retirement pension at lower rate” and “Category B retirement pension at higher rate” there shall be substituted “Category B retirement pension at the rate specified in paragraph 9 of Part I of Schedule 4 to the Act” and “Category B retirement pension at the rate specified in section 6(1)(a) of the Pensions Act for the basic component of a Category A retirement pension”, respectively.

For the words “former contribution”, “former contributor” and “former beneficiary”, wherever they appear, there shall be substituted “pre-1975 contribution”, “pre-1975 contributor” and “pre-1975 beneficiary”, respectively.