Regulation 11 Category C retirement pension for widows of men over pensionable age on 5th July 1948

(1)

Subject to the provisions of these regulations, a widow whose husband was over pensionable age on 5th July 1948 shall be entitled to a Category C retirement pension at a rate ascertained in accordance with paragraph (3) if—

(a)

she is over pensionable age; and

F1(b)

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(c)

she was over the age of F245 either—

(i)

when her husband died; or

(ii)

if she was entitled under regulation 14 to benefit corresponding to a widowed mother's allowance, when she ceased to be so entitled; and either

(d)

her husband was at any time entitled to a Category C retirement pension or a retirement pension under section 1(1)(a) of the National Insurance Act 1970; or

(e)

her husband died before 2nd November 1970 and—

(i)

she was resident in Great Britain for a period of at least 10 years between 5th July 1948 and 1st November 1970, inclusive of both dates; and

(ii)

she was ordinarily resident in Great Britain on 2nd November 1970 or on the date of her claim for a Category C retirement pension; and

(iii)

he was ordinarily resident in Great Britain on the date of his death.

(2)

A pension payable under paragraph (1) shall commence on 6th April 1975 or the date on which the requirements of sub-paragraphs (a) to (c) and either (d) or (e) of that paragraph are satisfied in relation to the beneficiary, whichever is the later, and shall be payable for life.

(3)

The pension under paragraph (1) shall be at the F3weekly rate of F4£110.75 so however that—

(a)

in the case of a widow who was under the age of F555 either when her husband died, or, if she was entitled under regulation 14 to benefit corresponding to a widowed mother's allowance, when she ceased to be so entitled, the rate of such pension shall be reduced as if the provisions of section 26(2) of the Act applied to it;

F6(b)

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Annotations

Textual amendments

F1: Reg. 11(1)(b) omitted (1.10.1989) by virtue of The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 11(7)
F2: Word in reg. 11(1)(c) substituted (11.4.1988) by The Social Security (Widow's Benefit and Retirement Pensions) Amendment Regulations 1987 (S.I. 1987/1854), regs. 1, 2(4)(a), (with reg. 4)
F3: Words in reg. 11(3) substituted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 5(5)
F4: Sum in Reg. 11(3) substituted (coming into force in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(c), 12
F5: Words in reg. 11(3)(a) substituted (11.4.1988) by The Social Security (Widow's Benefit and Retirement Pensions) Amendment Regulations 1987 (S.I. 1987/1854), regs. 1, 2(4)(b), (with reg. 4)
F6: Reg. 11(3)(b) omitted (1.10.1989) by virtue of The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 11(7)