Regulation 10 Modifications relating to increases of retirement pension for deferred retirement

(1)

In this regulation and in regulations 11 and 12—

“a pre-1975 increment” means an increase of retirement pension under section 31(1) or 34(1) of the former principal Act;
“a post-1975 increment” means an increase of a Category A or B retirement pension which accrued under section 28(4), 28(5) or 29(10) of the Act between 6th April 1975 and 5th April 1979 (both dates inclusive);

and the pre-1975 beneficiaries to whom the said regulations relate are those who, immediately before 6th April 1975, were, or but for any disqualification or forfeiture would be, entitled to, or who have prospective rights to, or expectation of, a pre-1975 increment.

(2)

The weekly rate of a Category A or B retirement pension payable to a pre-1975 beneficiary to whom this regulation relates shall, in addition to any post-1975 increments that fall to be made, be increased by the amount of any pre-1975 increments to which, immediately before 6th April 1975 he was, or but for any disqualification or forfeiture would have been, entitled or to which he had a prospective right or expectation, together with increases (if any) of the said amount calculated in accordance with the provisions of section 124 of the Act and section 23(3) of the Pensions Act.

(3)

The weekly rate of a Category B retirement pension payable to the widow of a pre-1975 beneficiary to whom this regulation applies, whom she married on or after 6th April 1975 shall, in addition to any post-1975 increments that fall to be made, be increased by one half of the amount of any pre-1975 increments by which the Category A retirement pension of her husband would, if were still alive, be increased for him by the provisions of paragraph (2).

(4)

Where a pre-1975 beneficiary to whom this regulation relates has, immediately before 6th April 1979, entitlement, or a prospective right, to at least one pre-1975 increment, paragraph 1 of Schedule 1 to the Pensions Act shall apply to his case as if—

(a)

the words “but only if that amount is enough to increase the rate of the pension by at least 1 per cent” were omitted from that paragraph, and

(b)

any contribution as an employed or self-employed person, paid by him under the former principal Act in respect of any period after he attained pensionable age and not taken into account for a pre-1975 or a post-1975 increment, were treated as an incremental period for the purposes of Schedule 1 to the Pensions Act.

(5)

Where a pre-1975 beneficiary to whom this regulation relates is a woman who has attained pensionable age but has not yet attained the age of 65, any Category B retirement pension payable to her by virtue of regulation 18 for any day before the day on which she attains the age of 65 or retires before attaining that age shall be disregarded for the purposes of regulation 4 of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979.