Explanatory note

These Regulations amend the Social Security (Widow's Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979 (“the principal regulations”).

Regulation 7(10) of the principal regulations modifies the second contribution condition (number of years of contributions) for a Category A retirement pension where a person whose former spouse was insured under the National Insurance Act 1965 (c.51) may have the contributions of that spouse treated as his own. Regulation 2 of these Regulations amends that provision to ensure that contributions paid by or credited to the former spouse after the end of the period of his working life, but in respect of that period, may be taken into account.

Regulation 3 of these Regulations inserts a new regulation 12A in the principal regulations. The new Regulation provides that where, on termination of marriage on or after 6th April 1979, a woman receives a retirement pension on her husband's or her own contributions, increments earned before that date while her marriage subsisted and her husband was deferring his retirement are added to her pension. The new regulation also ensures that the increments are up-rated under the provisions of section 124 of the Social Security Act 1975.