Regulation 4 Additions to the principal regulations

After regulation 12 of the principal regulations there shall be inserted the following regulations:—

“Modifications relating to persons who reached pensionable age before 6th April 1979 but who retire thereafter

12A

(1)

The following provisions of this regulation relate to a person who, having attained pensionable age before 6th April 1979, retires from regular employment on or after that date or, having made an election before that date under section 30(3) of the Act or section 35 of the former principal Act, retires on or after that date.

(2)

Where a person, before 6th April 1979, satisfied the condition in section 28(4) of the Act that the number of days of increment was at least 48, paragraph 1 of Schedule 1 to the Pensions Act shall apply to his case as if the words “but only if that amount is enough to increase the rate of the pension by at least 1 per cent” were omitted from that paragraph.

(3)

Where a person, before 6th April 1979, does not satisfy the condition in section 28(4) of the Act that the number of days of increment was at least 48, then, subject to the condition specified in paragraph 1 of Schedule 1 to the Pensions Act (that an increase in the rate of a Category A or Category B retirement pension under that paragraph on account of deferred retirement is payable only if the amount of such an increase is enough to increase the pension by at least 1 per cent),—

(a)

that person's retirement pension shall be increased by 1/8th per cent of its rate for each period of six days of increment which fell before 6th April 1979, and

(b)

any such day of increment which does not form part of a period as aforesaid shall be treated as a day of increment for the purposes of Schedule 1 to the Pensions Act.

(4)

For the sole purpose of determining whether the condition specified in paragraph 1 of Schedule 1 to the Pensions Act (referred to in paragraph (3) above) has been satisfied by a married woman whose husband's days of increment before 6th April 1979 amounted to less than 48 days, her entitlement to an increase of a Category B retirement pension in respect of the period before 6th April 1979 shall be calculated on the basis of an increase of 1/8th per cent for each incremental period which fell within the period beginning with the day on which her husband attained pensionable age, she attained pensionable age or they were married, whichever is the latest, and ending on 5th April 1979.

Transitional provision relating to increase of retirement pension where pensioner's deceased spouse had deferred retirement

12B

For the purpose of calculating entitlement to an increase of retirement pension under paragraph 4 of Schedule 1 to the Pensions Act (increase of Category A or Category B retirement pension by amount to which deceased spouse was entitled) in the case of a person whose spouse dies on or after 6th April 1979, or, in the case of a widow, who attains pensionable age on or after that date, any pre-1975 increment or post-1975 increment to which the deceased spouse was entitled or would have been entitled if he had retired on the date of his death shall be treated as an increase to which he was entitled under the said Schedule.

Transitional provision relating to treatment of reckonable years

12C

(1)

For the purposes of paragraph 5(2)(b) and 5(3)(b) of Schedule 3 to the Act and the Schedule to the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974^f1 any reckonable year or years shall be treated as a qualifying year or years.

(2)

In this regulation “qualifying year” means a year in which a person's earnings factor is sufficient for satisfaction of paragraph (b) of the second contribution condition specified in paragraph 5(3) of Schedule 3 to the Act.

Transitional provision relating to Category B retirement pension for a widower

12D

The condition in section 8(1)(c) of the Pensions Act, as amended by the Social Security Act 1979, (that the deceased wife satisfied the contribution conditions in paragraph 5 of Schedule 3 to the Act) shall not be satisfied by virtue of any contributions of a woman's former husband which were treated as her own by virtue of section 28(3) of, and Schedule 7 to, the Act or regulation 4(1) of, and the Schedule to, the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974 (as in force immediately before 6th April 1979).

Transitional provision relating to widow's election to be treated as not having retired

12E

Where a woman who became entitled to a Category B retirement pension under section 29(4) of the Act before 6th April 1979 has, on or after that date, made an election under section 30(3) of the Act and has not revoked it, then, for the purpose only of determining her right to increments under Schedule 1 to the Pensions Act, her election shall be treated as if it took effect from 6th April 1975 or, if later, the date of the death of her husband by virtue of whose contributions she is so entitled.

Transitional provision relating to increase under Schedule 1 to the Pensions Act of married woman's Category B retirement pension

12F

In relation to a woman who—

(a)

attained the age of 60 before 6th April 1979, and

(b)

is married to a man who reached the age of 65 before 6th April 1979, and

(c)

on or after 6th April 1979 is entitled to a Category B retirement pension under section 29(2) or 29(3) of the Act,

regulation 4(1)(b)(i) of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974^f2 (days of deferred retirement not to be treated as days of increment when certain benefits have been received) shall not apply by reason only of the fact that the woman has received graduated retirement benefit by virtue of her having paid graduated contributions as an insured person.”