Regulation 7 Modifications relating to the second contribution condition for widowed mother's allowance, widow's pension and Category A and B retirement pension and to the contribution condition for Category A and B retirement pension for those attaining pensionable age on or after 6th April 2010F7
The following provisions of this regulation shall, except where expressly provided otherwise, have effect F1for the purposes of—
the second contribution condition for a widowed mother’s allowance, a widow’s pension or a Category A or Category B retirement pension specified in paragraph 5(3) of Schedule 3 to the 1992 Act; and
the contribution condition for a Category A or Category B retirement pension specified in paragraph 5A(2) of that Schedule.
Subject to paragraph (3), where the contributor concerned is, or was, a pre-1975 contributor he shall, in respect of that part of his working life falling before 6th April 1975, have the number of reckonable years obtained by taking the total number of contributions of any class paid by or credited to him, in accordance with the provisions of the former principal Act or regulations made thereunder, for each week in the said part of his working life or credited to him by any provision of these regulations and dividing it by 50 and, if the resultant quotient is not a whole number, by rounding it up to the nearest whole number;
provided that the number of reckonable years so obtained shall not exceed the number of years of a person's working life falling before 6th April 1975.
For the purposes of a Category B retirement pension under section 29(2) or (3) of the Act where the contributor concerned was a pre-1975 contributor who attained pensionable age before 6th April 1975, the second contribution condition shall be deemed to be satisfied to the same extent as it was satisfied in relation to that contributor for the purposes of his Category A retirement pension; so however that this paragraph shall not apply where that contributor died on or after that date.
A contribution as payable by a non-employed person under the former principal Act shall be credited to a pre-1975 contributor—
if he was a pre-1948 contributor, for each contribution week during the period from 6th April 1936, or if later, 6th April of the year in which he last entered into insurance under the Contributory Pensions Acts, to 4th July 1948; or
if he was not a pre-1948 contributor but was insured under the former principal Act and—
he was over the age of 16 on 5th July 1948, for each contribution week in the period from 6th April 1948 to 4th July 1948; or
he attained the age of 16 on or after 5th July 1948, for each contribution week in the period from 6th April of the year in which he attained the age of 16 up to the contribution week immediately before that in which he reached the upper limit of compulsory school age or, if later, the contribution week immediately before that in which he attained the age of 16;
provided that a contribution credited to a pre-1975 contributor under this paragraph for any contribution week specified therein shall be treated as credited in place of any contribution under the Contributory Pensions Acts or a contribution of any class under the former principal Act that may have been paid by, or otherwise credited to, that contributor in respect of such a week.
In any case where the contributor concerned attained the age of 16 before 6th April 1975 and is not a pre-1975 contributor, a contribution as payable by a non-employed person under the former principal Act shall be credited to him—
if he attained the age of 16 before 5th July 1948, for each contribution week in the period from 6th April 1948 to 4th July 1948;
if he attained the age of 16 on or after 5th July 1948, for each contribution week from 6th April of the year in which he attained the age of 16 up to the contribution week immediately before that in which he attained that age;
provided that the maximum number of weeks for which a contribution may be credited to any person by virtue of the provisions of this paragraph shall be 50.
For the purposes of paragraphs (4) and (5), if the period for which contributions are to be credited does not commence with midnight between Sunday and Monday, the days from the beginning of such period up to the first such midnight shall be treated as constituting a contribution week and if the period for which contributions are to be credited does not cease with midnight between Sunday and Monday, the days from the last such midnight to the end of such period shall be disregarded.
Subject to paragraph (8), the working life of a person who attained the age of 16 before 5th July 1948 shall—
if he was a pre-1948 contributor, be the period between 6th April 1936 or, if later, 6th April of the year in which he last entered into insurance under the Contributory Pensions Acts, and the end of the year immediately before that in which he attains pensionable age or dies under that age; or
if he was not a pre-1948 contributor, be the period between 6th April 1948 and the end of the year immediately before that in which he attains pensionable age or dies under that age.
Where the contributor concerned has died on or after 6th April 1975 and he was—
a pre-1948 contributor whose last date of entry into insurance under the Contributory Pensions Acts was before 30th September 1946 and who at that date of entry was within 5 years of pensionable age; or
a pre-1948 contributor whose last date of entry into insurance under the Contributory Pensions Acts was on or after 30th September 1946 and who at that date of entry was within 10 years of pensionable age; or
a person who was not a pre-1948 contributor and who was, immediately before 5th July 1948, within 10 years of pensionable age,
his working life shall be—
where the contributor concerned is a person to whom paragraph (a) or (b) applies, the period from 6th April of the year in which he last entered into insurance under the Contributory Pensions Acts to 5th April immediately before the date on which he completed—
where paragraph (a) applies, the said period of 5 years;
where paragraph (b) applies, the said period of 10 years;
where the contributor concerned is a person to whom paragraph (c) applies, the period from 6th April 1948 to 5th April 1958,
and the provisions of paragraph (2) shall apply as if any employer's contribution paid in respect of any person to whom this paragraph applies for any period after such person reached pensionable age were a contribution paid by that person.
If a pre-1948 contributor's last dates of entry into insurance under the Contributory Pensions Acts were different dates for widows' and orphans' pensions purposes and old age pensions purposes, his date of entry into insurance under those Acts for the purposes of the second contribution condition for a widowed mother's allowance, a widow's pension or a Category B retirement pension for a widow by virtue of her husband's contributions shall be his last date of entry into insurance for widows' and orphans' pensions purposes, and for the purpose of the said contribution condition for a Category A retirement pension shall be his last date of entry into insurance for old age pensions purposes.
In the case of a person (hereinafter called “the beneficiary” ) whose former spouse F2or former civil partner was a pre-1975 contributor and who has the contributions of his said spouse F3or civil partner treated, by virtue of regulation 8 of, and Schedule 1 to, the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 as if they were contributions of his own so as to entitle him to a Category A retirement pension—
the number of any qualifying years before 6th April 1975 which, by virtue of regulations 7(2) and 13, were or could have been obtained by his former spouse or former civil partner and which may be taken into account towards the beneficiary's said entitlement, shall be ascertained by reference to the number of contributions of any class paid by or credited to his former spouse or former civil partner F4in respect of the period of the former spouse's F5or former civil partner’s working life between (inclusive) the first year of his working life and (exclusive) the year in which the marriage terminated or the year 1975/76, whichever is the earlier F6(or, in the case of a civil partnership, the year 1975/76), and shall not exceed the number of years in that period; and
the number of any qualifying years before 6th April 1975 which, by virtue of regulations 7(2) and 13, are obtained by the beneficiary by virtue of paragraph 2(b) or, as the case may be, paragraph 3(b) of the said Schedule and which may be taken into account towards his said entitlement shall be ascertained by reference to the number of contributions of any class paid by or credited to him during the period or periods specified in the said paragraphs which fell before 6th April 1975 and shall not exceed the number of years in that period or in each of those periods, as the case may be;
where the beneficiary is a woman, if her husband died on or after 5th July 1948 and immediately before that date he was insured under the Contributory Pensions Acts for purposes which included widows' and orphans' pensions purposes, the working life of her said husband may, if it would be more favourable to her, be treated as the period between 6th April 1936 or, if later, 6th April of the year in which he last entered into insurance for widows' and orphans' pensions purposes and the end of the year immediately before that in which he attained pensionable age or died under that age.
Annotations
Textual amendments
- F1
Reg. 7(1)(a)(b) and words substituted for words (6.4.2010) by The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 21
- F2
Words in reg. 7(10) inserted (10.12.2014 for E.W., 16.12.2014 for S.) by The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3061), art. 1(2)(3), Sch. 1 para. 5(a)
- F3
Words in reg. 7(10) inserted (10.12.2014 for E.W., 16.12.2014 for S.) by The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3061), art. 1(2)(3), Sch. 1 para. 5(b)
- F4
Words in reg. 7(10)(a) substituted (14.12.1981) by The Social Security (Widow's Benefit, Retirement Pensions and Other Benefits) (Transitional) Amendment Regulations 1981 (S.I. 1981/1627), regs. 1, 2
- F5
Words in reg. 7(10) inserted (10.12.2014 for E.W., 16.12.2014 for S.) by The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3061), art. 1(2)(3), Sch. 1 para. 5(c)
- F6
Words in reg. 7(10) inserted (10.12.2014 for E.W., 16.12.2014 for S.) by The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3061), art. 1(2)(3), Sch. 1 para. 5(d)
- F7
Words in reg. 7 heading inserted (6.4.2010) by The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 20