Social Welfare Consolidation Act 2005

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Conditions for receipt.

[1994 s11; 1996 s27(2) & Sch G]

125.—(1) The contribution conditions for pension are—

(a) that the widow or widower has qualifying contributions in respect of not less than 156 contribution weeks in the period beginning with his or her entry into insurance and ending immediately before the relevant time, and

(b) that, where at the relevant time, 4 years or longer has elapsed since the widow's or widower's entry into insurance—

(i) the yearly average for the 3 contribution years, or (where warranted by his or her insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or

(ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his or her entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48,

but, where those conditions are not satisfied on the widow's or widower's insurance record, they may be satisfied on his or her deceased spouse's insurance record (the widow's or widower's insurance record being disregarded).

(2) Regulations may provide for modifications of the meaning of yearly average contained in section 123 or of the contribution conditions set out in this section.

(3) Subject to subsection (4), regulations may provide for entitling to pension a person who would be entitled to that pension but for the fact that the contribution condition in subsection (1)(b) is not satisfied.

(4) Regulations for the purposes of subsection (3) shall provide that pension payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2 , and the rates specified by the regulations may vary with the extent to which the contribution condition in subsection (1)(b) is satisfied, but any increase of pension payable under section 127 (1) shall be the same as if that condition had been fully satisfied.

(5) Subject to subsection (6), regulations may provide for entitling to pension a person who would be entitled to that pension but for the fact that the contribution condition in subsection (1)(b) is not satisfied by reference to the insurance record of a person where that person, having earlier ceased to be an employed contributor, became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act 1973 .

(6) Regulations for the purposes of subsection (5) shall provide that pension payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2 , and the rates specified by the regulations may vary with the extent to which the contribution condition in subsection (1)(b) is satisfied.

(7) Where a person becomes an employed contributor by virtue of paragraph (b) of section 12 (1) and would not, apart from that paragraph, be an employed contributor, his or her entry into insurance by virtue of that paragraph is deemed not to be an entry into insurance for the purposes of subsection (1) and for those purposes the person's entry into insurance is deemed to occur when he or she first becomes an employed contributor by virtue of paragraph (a) of section 12 (1).

(8) In the case of a person who became a self-employed contributor on 6 April 1988 and who at any time before that date was an employed contributor, the date on which the person first entered into insurance or 6 April 1988, whichever is more favourable, shall be regarded as the date of entry into insurance for the purposes of subsection (1)(b).