Regulation 130 Continuation of elections on widowhood
If on 6th April 1977 (the date on which section 3(1) of the Social Security Pensions Act 1975 came into force) a woman—
was married and subsequently becomes a widow; or
was a widow and subsequently remarries and again becomes a widow,
paragraph (2) applies to her.
Where this paragraph applies to a woman any election—
which she had made under regulation 127 before the death of the husband which renders a widow; or
which she is, by virtue of regulation 129, treated as having made under regulation 127 before that death;
and which is still effective at the time of the husband’s death, shall, subject to paragraphs (4) and (5) and notwithstanding regulation 128, continue to have effect until the end of the appropriate period.
For the purposes of this regulation the end of the appropriate period is—
the earliest of—
the end of the second year specified in regulation 128(1)(c),
the end of the period specified in regulation 128(1)(d) or (e), or
the date specified in regulation 128(1)(f); or
subject to sub-paragraph (a) and paragraphs (4) and (5)—
where the husband’s death occurs before 1st October in any year, the end of that year,
where the husband’s death occurs after 30th September in any year, the end of the year next following that in which the death occurs.
Subject to regulation 128(1)(c), (d), (e) and (f) and to paragraph (5), if at the end of the year specified in head (i) or head (ii) of paragraph (3)(b) there is pending a claim or application made by or on behalf of the woman as a widow within 182 days (including Sundays) of her husband’s death for any benefit specified in head (i) or (iv) or, irrespective of its rate, in head (ii) or (iii) of regulation 127(8)(a), the end of the appropriate period shall be the end of the year in which the claim or application is determined.
If at the end of the year specified in head (i) or (ii) of paragraph (3)(b) or, as the case may be, in paragraph (4) the woman is a qualifying widow or married, the election shall continue to have effect, unless she is then a person to whom regulation 128(1)(c), (d), (e) or (f) applies.
Notes on the whole SI
Textual amendments
- F1
See sections 3(2) and (5), 4(5) and (6), 116, 117, 118, 119 and 120 of the Social Security Contributions and Benefits Act 1992 (c. 4) (“the Act”) as amended respectively by paragraphs 3, 4, 22, 23, 24, 25 and 26 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) (“the Transfer Act”). The functions of the Department of Health and Social Services for Northern Ireland under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) and the Social Security Administration (Northern Ireland) Act 1992 (c. 8) were transferred to the Department for Social Development by Article 8(b) of and Part II of Schedule 6 to the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481).
- F2
See section 176(2)(b) of the Act.