HC Deb 24 May 1978 vol 950 cc599-600W
Mrs. Chalker

asked the Secretary of State for Social Services if he will detail the entitlement to pension of a woman who was widowed and received a widow's pension under 60 years of age, who remarries a man not yet retired, both until his retirement and thereafter, both in the case of remarriage between 60 and 65 years for that woman and over 65 years.

Mr. Orme

Widow's pension is payable until age 65 but ceases on remarriage. From age 60, however, a widow also has an alternative title, subject to her retirement or her reaching age 65, to a retirement pension on her husband's contributions at the same rate as the widow's pension she was receiving immediately before she reached age 60. A retirement pension does not cease on remarriage.

Where, therefore, a widow remarries between the ages of 60 and 65 she will lose her widow's pension, but she will be entitled, on retirement or on reaching age 65, to a retirement pension on her first husband's contributions at the same rate as the widow's pension, regardless of whether her remarriage took place before or after her retirement. Remarriage after age 65 does not affect title to retirement pension on a previous husband's contributions.

Moreover, provided she has retired or reached age 65, she may also have an alternative title to a retirement pension on her own contributions, or, subject to her second husband retiring or reaching age 70, to a retirement pension on his contributions. For the purpose of determining her title to a retirement pension on her own contributions, she can substitute her first husband's contribution record for her own for a period up to his death. She will receive whichever pension is from time to time the more advantageous to her.

Under the new pensions scheme, where title first arises on or after 6th April 1979, the woman will be able to combine any pension on her own contributions alone with the higher of the pensions on the contributions of her husbands up to a prescribed maximum.

A retirement pension payable to a widow between the ages of 60 and 65 is subject to the earnings rule but may not be reduced below the amount of the widow's pension which would have been payable if she had not been receiving a retirement pension. In addition to any retirement pension, a widow may receive any increments as a result of deferred retirement and any graduated retirement benefit to which she may be entitled.