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The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979, SCHEDULE 1 is up to date with all changes known to be in force on or before 02 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Words in Sch. 1 heading inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(5)(a) (with art. 3)
1. In this Schedule—
(a)A is the number of the former spouse's [F2or former civil partner's] qualifying years up to (exclusive) the year in which the marriage [F3or, as the case may be, the civil partnership] terminated [F4but where Part 1 of the Pensions Act 2014 applies to the former spouse or former civil partner, A is the number of his qualifying years up to the year ending on 5th April 2016 (inclusive)];
(b)B is the number of years in the former spouse's [F2or former civil partner's] working life up to (exclusive) the year in which the marriage [F3or, as the case may be, the civil partnership] terminated [F5; and
(c)“qualifying year” means a year for which the former spouse’s or former civil partner’s earnings factor is sufficient to satisfy—
(i)paragraph 5(3)(b); or
(ii)paragraph 5A(2)(b),
of Schedule 3 to the Social Security Contributions and Benefits Act 1992 and does not include a year which is treated as such a year by virtue of regulation 8(4).]
Textual Amendments
F2Words in Sch. 1 para. 1 inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(5)(b)(i) (with art. 3)
F3Words in Sch. 1 para. 1 inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(5)(b)(ii) (with art. 3)
F4Words in Sch. 1 para. 1(a) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 5(6)
F5Sch. 1 para. 1(c) and word inserted (6.4.2010) by The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 15(2) (with reg. 15(3))
2. The number of years arrived at under this paragraph is that which is obtained by—
(a)taking the number of years in the beneficiary's working life between (inclusive) the first year in that working life and (inclusive) the year in which the marriage [F6or civil partnership] terminated, multiplying it by
and rounding up the result to the next whole number;
and
(b)adding to that number of years the number of the beneficiary's qualifying years falling after the year in which the marriage [F6or civil partnership] terminated.
Textual Amendments
F6Words in Sch. 1 para. 2 inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(5)(c) (with art. 3)
3. The number of years arrived at under this paragraph is that which is obtained by—
(a)taking the number of years in the beneficiary's working life between (inclusive) the year in which the marriage took place [F7or the civil partnership was formed] and (inclusive) the year [F8in which the marriage or civil partnership terminated], multiplying it by
and rounding up the result to the next whole number; and
(b)adding to that number of years the number of the beneficiary's qualifying years falling—
(i)before the year in which the marriage took place [F7or the civil partnership was formed]; and
(ii)after that [F8in which the marriage or civil partnership terminated].
Textual Amendments
F7Words in Sch. 1 para. 3 inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(5)(d)(i) (with art. 3)
F8Words in Sch. 1 para. 3 substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 10(5)(d)(ii) (with art. 3)
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