# The Social Security (Miscellaneous Amendments) Regulations 1977, Regulation 2: Amendment of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974


(1) The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974 , as amended, shall be further amended in accordance with the following provisions of this regulation.
(2) In regulation 2 (election to be treated as not having retired)—
(a) in paragraph (4) for the reference to “ paragraph (5)” there shall be substituted a reference to “paragraphs (5) and (6)” ;
(b) after paragraph (5) there shall be added the following paragraph:—
“(6) In a case to which section 29(12) of the Social Security Act 1975 (days of increment in relation to a woman entitled to Category B retirement pension who has made an election in accordance with this regulation and has not revoked it) applies, for the purposes only of the said section 29(12), where the woman is entitled to such a retirement pension under section 29(4) of that Act and makes such an election on or after 3rd October 1977, the said section 29(12) shall be modified so that her election shall be treated as if it had 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.”.
(3) In regulation 4 (days to be treated as days of increment)—
(a) after paragraph (1)(b)(iii) there shall be inserted the following:—
“or (iv) non-contributory invalidity pension or invalid care allowance”
(b) in paragraph (2) the words from and including “received any of the following benefits” to the end shall be deleted;
(c) after paragraph (2) there shall be added the following paragraphs:—
“(3) Subject to the following paragraph, for the purposes of this regulation, where in respect of any day—
(a) a person has received one or more of the benefits mentioned in paragraph (1)(b); and
(b) either—
(i) the determining authority or, as the case may be, the Secretary of State, has determined that in respect of that day he was not entitled to that benefit; or
(ii) by virtue of the provisions of the Employment Protection (Recoupment of Unemployment Benefit and Supplementary Benefit) Regulations 1977 the Secretary of State has recovered from that person's employer sums on account of unemployment benefit received by that person in respect of that day; and
(c) the whole of the benefit or sum on account of benefit in respect of that day has been repaid or, as the case may be, recovered before the relevant date,
that day shall be treated as a day in respect of which he did not receive that benefit; and in this paragraph “relevant date” means—
(i) in the case of Category A retirement pension, the date of retirement of the person entitled to it,
(ii) in the case of Category B retirement pension payable to a wife by virtue of her husband's contributions, the date of retirement of her husband, or
(iii) in the case of Category B retirement pension payable to a widow by virtue of her late husband's contributions, the date of his death.
(4) Where the benefit or sum on account of benefit in respect of a day to which paragraph (3)(a) and (b) applies is repaid or, as the case may be, recovered on or after the said relevant date that day shall not be treated as a day in respect of which that person did not receive that benefit until benefit has been repaid or, as the case may be, sums on account of benefit have been recovered in respect of all the days to which those sub-paragraphs relate falling within the period to which this regulation applies”.

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Source: https://www.legislation.gov.uk/uksi/1977/1509/regulation/2 (the official version)
Page: https://openlegislation.uk/social-security-miscellaneous-amendments-regulations-1977/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.