# The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979, Regulation 4: Days to be treated as days of increment


(1) For the purposes of paragraph 2 of Schedule 1 to the Pensions Act a day shall be treated as a day of increment in relation to any person if it is a day in that person's period of deferment, other than a Sunday, in respect of which—
(a) if that person had not deferred his entitlement to a Category A or Category B retirement pension, ... that person would have been entitled to such a pension (and would not have been disqualified for receiving it by reason of imprisonment or detention in legal custody); and
(b) that person had not received any of the following benefits:—
(i) any benefit under Chapters I and II of Part II of the Act other than child's special allowance, attendance allowance, disability living allowance and guardian's allowance; or
(ii) graduated retirement benefit where that person’s period of deferment ended on or before 5th April 2006; or
(iii) an unemployability supplement; or
(iv) state pension credit under section 1 of the State Pension Credit Act 2002; or
(v) the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;or
(vi) universal credit; and
(c) in the case of a married woman who would have been entitled to a Category B retirement pension or a section 10(2) increase ; and whose period of deferment began before 6th April 2005, her husband had not received an increase of any of the benefits mentioned in paragraph (1)(b) in respect of her and
(d) in the case of a person who would have been entitled to a Category A or Category B retirement pension (“the deferrer”) and whose period of deferment begins on or after 6th April 2005—
(i) no other person has received an increase of any of the benefits mentioned in sub-paragraph (b) in respect of the deferrer; or
(ii) another person has received such an increase in respect of the deferrer and the deferrer is neither married to, or in a civil partnership with, nor residing with, that other person; and
(e) in the case of a person who was a member of a couple, the other member of the couple was not in receipt of—
(i) income support under section 124 of the Social Security Contributions and Benefits Act 1992;
(ii) income-based jobseeker’s allowance under section 1 of the Jobseekers Act 1995;
(iii) state pension credit under section 1 of the State Pension Credit Act 2002; ...
(iv) income-related employment and support allowance under section 1 of the Welfare Reform Act 2007; or
(v) universal credit under Part 1 of the Welfare Reform Act 2012;
(2) 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) or (c), and
(b) either—
(i) ... the determining authority... 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 a ... jobseeker’s allowance 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) where a person's entitlement to increments under paragraph 2 of Schedule 1 to the Pensions Act is in question, the end of his period of deferment; or
(ii) where a person's entitlement to increments under paragraph 4 or 4A of that Schedule in relation to the deferred entitlement of a deceased spouse is in question, the date of the death of that spouse.
(3) Where the benefit or sum on account of benefit in respect of a day to which paragraph (2)(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 the benefit has been repaid or, as the case may be, sums on account of the benefit have been recovered in respect of all the days to which those sub-paragraphs relate and which fall within the period to which this regulation applies.
(4) For the purposes of paragraph 3 of Schedule 5A to the Social Security Contributions and Benefits Act 1992 a day shall be treated as a day of increment in relation to any person if it is a day in that person’s period of deferment, other than a Sunday, in respect of which if that person had not deferred his entitlement to a shared additional pension he would have been entitled to it (and would not have been disqualified from receiving it by reason of imprisonment or detention in legal custody).
(5) In this regulation—
(a) in paragraph (1), “couple” has the meaning—
(i) apart from in relation to universal credit, given by section 137(1) of the Social Security Contributions and Benefits Act 1992 (interpretation of Part VII and supplementary provisions);
(ii) in relation to universal credit, given by section 39 of the Welfare Reform Act 2012 (couples);
(b) in paragraph (2), “jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions; and
(c) “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012.

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Source: https://www.legislation.gov.uk/uksi/1979/642/regulation/4 (the official version)
Page: https://openlegislation.uk/social-security-widows-benefit-and-retirement-pensions-regulations-1979/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.