Citation, commencement and interpretation

1.-(1) These regulations may be cited as the Social Security (Widow's and Widower's Invalidity Pensions) Regulations 1978 and shall come into operation on 6th April 1979.

(2) In these regulations, unless the context otherwise requires, "The Pensions Act" means the Social Security Pensions Act 1975 and other expressions shall have the same meaning as in the Social Security Act 1975.

(3) Any reference in these regulations to any provision made by or contained in any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which it re-enacts or replaces with or without modification.

(4) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.

Rate of invalidity pension for certain widows

2.-(1) For the purpose of calculating the rate of an invalidity pension under section 15 of the Pensions Act for a woman under pensionable age to whom that section applies by virtue of sub-section (1)(c)(ii) of that section, sub-section (3) of that section shall have effect with the modification prescribed in paragraph (2) below.

(2) In the said sub-section (3) for the words "whichever is the higher" there shall be substituted the words "whichever is the more favourable to her having regard to the effect of regulation 2A of the Social Security (Overlapping Benefits) Regulations 1975 as amended (1).".

Rates of Category A retirement pensions for certain widows and widowers

3. Where the rate of a person's Category A retirement pension falls to be determined under section 15(5)(b) or 16(5)(b) of the Pensions Act it shall be equal to whichever is the higher of-

(a)the weekly rate of invalidity pension applicable to him under the said sections 15 and 16 immediately before he attained pensionable age or where there was no such rate, the rate specified in section 16(4) of the Pensions Act; or

(b)the rate of Category A retirement pension to which he would have been entitled apart from those sections,

whichever is the more favourable to him having regard to the effect of section 9 of the Pensions Act.

Prescribed periods for the purposes of section 16 of the Pensions Act

4. The prescribed period for the purposes of section 16(1)(b) and (2)(a) of the Pensions Act shall be 13 weeks ("week" for this purpose meaning any period of 7 days) beginning with the day following the day on which the wife died.

EXPLANATORY NOTE

These Regulations make provision for providing rates of invalidity pension and Category A retirement pension under sections 15 and 16 of the Social Security Pensions Act 1975 for certain classes of widows and widowers to whom those sections apply. They also prescribe periods in connection with entitlement to benefit under the said section 16.

Regulations 2, being made under the Social Security (Miscellaneous Provisions) Act 1977, is not required to be referred to the National Insurance Advisory Committee.