National Insurance Act 1965

28 Widow's pension.

(1) Subject to the provisions of this Act and in particular to paragraphs 2, 3 and 4 of Schedule 11 thereto, a widow shall be entitled to a widow's pension at the weekly rate specified in relation thereto in column 2 of Schedule 3 to this Act if the husband satisfied the contribution conditions set out in paragraph 4(1) of Schedule 2 to this Act and there are also satisfied either—

(a) the conditions specified in subsection (2) of this section; or

(b) the conditions specified in subsection (3) thereof.

(2) The conditions referred to in subsection (1)(a) of this section are that at the husband's death—

(a) he and the widow had been married for not less than three years; and

(b) she was over the age of fifty but under the age of sixty-five.

(3) The conditions referred to in subsection (1)(b) of this section are that the widow ceases, or has since 20th December 1964 ceased, to be entitled to a widowed mother's allowance at a time when—

(a) she is or was over the age of fifty but under the age of sixty-five; and

(b) three years have or had elapsed since the date of the marriage in respect of which the allowance is or was payable.

(4) The period for which widow's pension is payable to a widow shall be any period during which she is under the age of sixty-five and for which she is not entitled to a widow's allowance or widowed mother's allowance:

Provided that the pension shall not be payable for any period after the widow's remarriage or for any period during which she is cohabiting with a man as his wife.

(5) Where a widow has been married more than once—

(a) references in this section to the husband shall refer only to her last husband ; and

(b) regulations may relax, for the purpose of her right to a widow's pension in respect of her last marriage, the condition contained in subsection (2)(a) or (3)(b) of this section.