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National Insurance Act 1965

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This is the original version (as it was originally enacted).

2(1)Notwithstanding that neither the conditions specified in subsection (2) nor those specified in subsection (3) of section 28 of this Act are satisfied, a widow shall be entitled to a widow's pension in a case where she would have been so entitled if subsection (1)(b) of that section, instead of referring to the conditions specified in the said subsection (3), had referred either—

(a)to the conditions specified in sub-paragraph (2) of this paragraph; or

(b)to the conditions specified in sub-paragraph (3) of this paragraph ; or

(c)to the conditions specified in sub-paragraph (4) of this paragraph.

(2)The conditions referred to in sub-paragraph (1)(a) of this paragraph are—

(a)that during her widowhood, and at a date within the period beginning with 5th July 1948 and ending with 4th July 1956, the widow had a family which included a child who either was at the husband's death a child of his family or was a son or daughter of theirs ; and

(b)that at a subsequent date during that period the widow ceased to have such a family at a time when—

(i)she was over the age of forty but under pensionable age ; and

(ii)three years had elapsed since the date of her marriage to the husband.

(3)The conditions referred to in sub-paragraph (1)(b) of this paragraph are—

(a)that during her widowhood, and at a date within the period beginning with 5th July 1956 and ending with 26th February 1964, the widow either—

(i)had a family which included a child who fell within paragraph (a), (b) or (c) of section 27(2) of this Act and who, if included in the widow's family only by virtue of her contributing to the cost of providing for the child, was so included by virtue of her so contributing at a weekly rate not less than the difference between the two weekly rates of widowed mother's allowance as set out in the second column of Part I of Schedule 2 to the Act of 1946 as in force at that date ; or

(ii)while not having such a family, satisfied the requirements of section 27(1)(b) of this Act with the substitution in the said section 27(1)(b) for the reference to the age of nineteen years of a reference to the age of eighteen years; or

(iii)satisfied the requirements of section 27(1)(c) of this Act; and

(b)that at a subsequent date during that period the widow ceased to satisfy the condition specified in paragraph (a) of this sub-paragraph at a time when—

(i)subject to paragraph 3 of this Schedule, she was over the age of fifty ; and

(ii)either she was under pensionable age or, if that time was after 4th August 1957, being over pensionable age, she had not retired from regular employment; and

(iii)three years had elapsed since the date of her marriage to the husband.

(4)The conditions referred to in sub-paragraph (1)(c) of this paragraph are—

(a)that during her widowhood, and at a date within the period beginning with 27th February 1964 and ending with 20th December 1964, the widow satisfied the requirements of section 27(1)(a), (b) or (c) of this Act; and

(b)that at a subsequent date during that period the widow ceased to satisfy the requirements aforesaid at a time when the requirements of sub-paragraph (3)(b)(i), (ii) and (iii) of this paragraph were satisfied.

(5)Subsection (5) of section 28 of this Act shall apply for the purposes of this paragraph as if references in the said subsection (5) to that section or to subsection (2)(a) or (3)(b) thereof included references respectively to this paragraph or to sub-paragraphs 2(b)(ii) or 3(b)(iii) thereof.

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