§ 4.56 p.m.
§ Lord WELLS-PESTELL rose to move, That the Draft Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974, laid before the House on 6th November, be approved. The noble Lord said: These Regulations carry forward similar existing provisions which are beneficial and I hope your Lordships will feel that they are non-controversial. The Regulations are to replace, from 6th April 1975, when Part I of the Social Security Act 1973 comes into force, similar provisions relating to benefit matters which are at present contained in the National Insurance (Married Women) Regulations 1973 which were made under the provisions of the National Insurance Act 1965. The existing Regulations also include provisions relating to 45 contributions, but those contribution provisions are dealt with in separate Regulations under the 1973 Act. They are the Social Security (Contributions) (Married Women and Widows Special Provisions) Regulations 1973 which are being amended by the Social Security (Contributions) (Married Women and Widows Special Provisions) Amendment Regulations 1974 currently before your Lordships' House.
§ These benefit regulations concern the special provisions which are made to enable married women and women whose marriages have been terminated, either by the death of their husbands or by divorce, to qualify for benefit under the Act. Their main purpose is to enable women, whose marriages have ended, to re-qualify for short-term benefits more quickly than they would otherwise be able to do by paying contributions in the normal way, and to assist them more easily to qualify for retirement pension. The need for these provisions arises because many of the women concerned will not have been paying full-rate contributions while married and, when receiving widow's benefit, will be able to choose whether or not to pay full-rate contributions. Under the terms of the 1973 Act, the Regulations are being made without reference to the National Insurance Advisory Committee.
§ Although not coming into force until 6th April 1975, these Regulations are required to be made by 6th December 1974, to enable claims for retirement pension in respect of persons who reach pensionable age on or after 6th April 1975, which can be made up to four months in advance, to be determined. Before I turn to the provisions of the individual Regulations, it may assist your Lordships if I explain that, in order to qualify for most benefits under the Act, it is necessary to satisfy two contribution conditions. The first requires a certain level of contributions to have actually been paid in the income tax year. The second requires a certain level of contributions to have been paid or credited in a relevant year or years. In the case of short-term benefits, for example sickness benefit and unemployment benefit, the relevant year is the income tax year preceding the benefit year. In the case of long-term benefits, for example retirement pension, widowed mother's allowance and widow's pension, the condition 46 has to be satisfied in some nine-tenths of the income tax years in the contributor's working life.
§ If your Lordships will permit me, I will now turn to the Regulations. Regulation 1 is quite formal. Regulation 2 assists widows and divorced women who are in the employment field to qualify more quickly for unemployment and sickness benefit and maternity allowances after the end of their marriage by crediting them with contributions to enable them to satisfy the second contribution condition for those benefits. Without this Regulation, it could take up to two years after the end of their marriage for them to qualify for the benefits by paying contributions. Regulation 3 assists widows when their widow's allowance or widowed mother's allowance has ceased. They are assisted to qualify for employment and sickness benefit, maternity allowance and retirement pension on their own contributions by having the first contribution condition for these benefits deemed to be satisfied and by being enabled to satisfy the second contribution condition for the short-term benefits for a limited period. The widows are also given entitlement to unemployment benefit for a full 312 days, working on a six-day week—hence the 312 days. The Regulation makes similar provisions for widows under 60, certain recipients of old person's pensions, and for war and industrial widows.
§ My Lords, Regulation 4 and the Schedule to the Regulations extend to divorced women various rights already provided for widows under the Social Security Act, in that they are allowed to use their former husband's contributions as their own to enable them to satisfy the second contribution condition for retirement pension. Regulation 5 enables the contribution record of a divorced woman's former husband to be used, if necessary, to satisfy the condition for death grant on her death.
§ Regulation 6 provides for Class 3 contributions to be credited to widows for an initial period following the death of their husbands and thereafter if they are awarded the appropriate widow's benefit. The main purpose of this Regulation is to assist them when they reach the age of 60 to satisfy the second contribution condition for retirement pension. Regulation 47 7 enables a widow receiving widow's benefit when she reaches the age of 60 to be deemed to satisfy the first contribution condition for retirement pension.
§ Regulation 8 applies to married women claiming unemployment benefit, and requires that due regard shall be paid to their domestic responsibilities as married women in considering whether they should be disqualified from benefit on the grounds that they have left their employment voluntarily without good cause, or lost it through misconduct, or refused to accept suitable employment or training. Regulation 9 enables widows to receive the widowed mother's allowance, widow's pension or retirement pension, and enables divorced women to receive retirement pension, at reduced rates where the second contribution condition for those benefits is not fully satisfied. However, any increase for a child is to be paid at the standard rate. The Regulation sets out how the reduced percentage of standard rate pension is to be calculated, and provides that no pension shall be paid if the percentage is less than 25. This broadly follows the existing provision for reduced rate pensions in these circumstances.
§ Regulation 10 provides, for the purposes of these Regulations, for a woman whose voidable marriage has been annulled to be treated as a divorced woman, and for a woman whose husband has been presumed dead to be treated as divorced, unless the date of death has been established to the satisfaction of the Secretary of State or the independent determining authorities, in which case the woman is treated as a widow. Regulation 11 applies to divorced women whose husbands were insured under the National Insurance Act of 1965 and earlier Acts. It makes similar provisions as are made for widows in other Regulations, the Widow's Benefit, Retirement Pension and Other Benefits (Transitional) Regulations 1974. It amends the Schedule to these Regulations so that the former husband's contributions under those Acts can be taken into account. The Schedule sets out alternative methods of making use of a former husband's contributions for the purpose of Regulation 4. These Regulations give entitlement to benefit to people who would not otherwise have entitlement. My Lords, I have pleasure in commending 48 these Regulations to your Lord-ships, and I beg to move.
§ Moved, That the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974, laid before the House on 6th November be approved.—(Lord Wells-Pestell.)
§ Lord ABERDAREMy Lords, these are incredibly complicated Regulations, but I am grateful to the noble Lord, Lord Wells-Pestell, who has made some, at any rate, clearer than they were initially, although how any married woman or widow will understand exactly what she is or is not entitled to, I do not know. I suppose her local office will advise her. However, these Regulations seem to be entirely beneficial, and we shall certainly support them.
§ On Question, Motion agreed to.