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National Insurance Act 1965

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This is the original version (as it was originally enacted).

32Retirement pension by virtue of husband's insurance

(1)Subject to the provisions of this Act, and in particular to paragraph 5 of Schedule 11 thereto, a woman over pensionable age shall be entitled to a retirement pension by virtue of her husband's insurance at the appropriate weekly rate specified in relation thereto in column 2 of Schedule 3 to this Act if there are satisfied—

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

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

(2)The conditions referred to in subsection (1)(a) of this section are—

(a)that the woman is married to the husband at the time when she attains pensionable age ; or

(b)that she has married the husband after attaining that age.

(3)The conditions referred to in subsection (1)(b) of this section are—

(a)that either—

(i)the husband is over pensionable age and both he and the woman have retired from regular employment; or

(ii)the husband is dead ; and

(b)that the husband satisfies the contribution conditions set out in paragraph 4(1) of Schedule 2 to this Act; and

(c)in a case where the woman has married the husband after attaining pensionable age, such further conditions as may be prescribed.

(4)Subject to the provisions of this Act, a retirement pension payable to a woman by virtue of subsection (1) of this section shall commence from the date on which the provisions of that subsection are satisfied in relation to the pension and shall be payable for life.

(5)Section 30(7) of this Act shall apply to a retirement pension payable to a woman by virtue of her husband's insurance as it applies to a pension payable by virtue of a person's own insurance.

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