PART IIBenefit and its Administration

CHAPTER IContributory Benefits

Widowhood

25Widowed mother's allowance

(1)A woman who has been widowed shall be entitled to a widowed mother's allowance at the weekly rate specified in relation thereto in Schedule 4, Part I, paragraph 6, if her late husband satisfied the contribution conditions for a widowed mother's allowance specified in Schedule 3, Part I, paragraph 5, and either—

(a)she has a family which satisfies the condition specified in subsection (2) below ; or

(b)subject to such exceptions and conditions as may be prescribed, she has residing with her a person who—

(i)is under the age of 19 and is or has been a child falling within any of the paragraphs of that subsection, or

(ii)is under that age and would have been such a child but for the fact that, at the time when the woman's late husband died, the person had attained school-leaving age or was not in Great Britain, or

(c)she is pregnant by her late husband.

(2)The condition referred to in subsection (I)(a) above is that the woman's family includes a child with respect to whom one of the conditions specified in section 43(1) of this Act (conditions of payment of increase for child dependants) is for the time being satisfied and who either—

(a)at her late husband's death was, or could have been treated under paragraph 3 of the Schedule to the Family Allowances Act as, a child of his family; or

(b)is a son or daughter of theirs ; or

(c)subject to such exceptions and conditions as may be prescribed, having at the death of a previous husband of the widow by a marriage which ended with that husband's death been a child of that husband's family, was at the death of her late husband a child of the woman's family.

(3)The period for which a widowed mother's allowance is payable to a woman shall be any period during which she satisfies the requirements of subsection (1)(a), (b) or (c) above and for which she is not entitled to a widow's allowance:

Provided that the allowance 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.