Regulation 12 Category C retirement pension for certain women whose marriage has been terminated otherwise than by death

(1)

Subject to the provisions of these regulations, a woman whose marriage to a husband who was over pensionable age on 5th July 1948 was terminated otherwise than by his death shall be entitled to a Category C retirement pension at the higher rate specified in relation to such a pension in Part III of Schedule 4 to the Act if—

(a)

she had attained pensionable age before the date of the termination of the marriage; and

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

the conditions set out in paragraph (2) or (3), as the case may be, are satisfied.

(2)

The conditions applicable in the case of a woman whose marriage was terminated before 2nd November 1970 shall be—

(a)

that 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

(b)

that 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

(c)

that her husband was ordinarily resident in Great Britain on the date of the termination of the marriage; and

(d)

that she did not remarry between the date of that termination and 2nd November 1970.

(3)

The condition applicable in the case of a woman whose marriage was terminated on or after 2nd November 1970 shall be that her husband was entitled to a Category C retirement pension or a retirement pension under section 1(1)(a) of the National Insurance Act 1970.

(4)

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) of that paragraph are satisfied in relation to the beneficiary, whichever is the later, and shall be payable for life. F2...

Annotations

Textual amendments

F1: Reg. 12(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(8)
F2: Words in reg. 12(4) omitted (1.10.1989) by virtue of The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 11(8)