Regulation 5 Provision of alternative rights to benefit

Subject to regulation 2(2) where, immediately before 6th April 1975, a pre-1975 beneficiary was entitled to benefit under the former principal Act of a description specified in Column (1) of Schedule 1 to these regulations or to any increase of such benefit for a child or adult dependant, he shall as from that date be entitled, without any claim being made therefore, or award being made thereof, to benefit under the Act or the Pensions Act of a description set out in Column (2) of that Schedule opposite the said benefit under the former principal Act specified in Column (1) as if such benefit had been claimed and awarded under the Act or the Pensions Act, and to any increase of such benefit for a child or adult dependant to which he may be entitled under or by virtue of those Acts.

Where, immediately before 6th April 1975, a woman was entitled to a widow's pension under the former principal Act by virtue of regulation 13 of the National Insurance (Widow's Benefit and Retirement Pensions) Regulations 1972 as being incapable of self-support by reason of an infirmity, she shall, subject to regulation 2(2), be entitled as from 6th April 1975 to a widow's pension under the Act for any period for which she would have been entitled to such a pension under the former principal Act if the said regulation 13 and the provisions referred to in that regulation had continued in force.