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SCHEDULES

SCHEDULE 3U.K. Transitional provisions and savings (including some transitional provisions retained from previous Acts and Orders)

Part IIU.K. Specific transitional provisions and savings (including some derived from previous Acts and Orders)

Industrial injuries - provision derived from paragraph 12 of Schedule 3 to 1986 OrderU.K.

[F117AN.I. In determining a woman’s right—

(a)to a pension or allowance in respect of a deceased person under section 67, 68, 71, 72 or 73 of the 1975 Act; or

(b)to a pension in respect of a deceased person under paragraph 15 or 16 of Schedule 7 to the Contributions and Benefits Act,

for any period after 25th February 1962, or her right on her re-marriage after that date to a gratuity under section 67 of the 1975 Act, her cohabitation with a man at any time after the deceased’s death but before that date shall be disregarded; but a right to benefit arising by virtue of this paragraph shall not, under Schedule 9 to that Act or Schedule 7 to the Contributions and Benefits Act, affect the right of any other persons to benefit awarded before that date.]

18(1)The Department may by regulations provide for the payment of prescribed amounts in prescribed circumstances to persons who immediately before the repeal of sections 71 to 73 of the 1975 Act were entitled to any benefit by virtue of any of those sections, but in determining the amount which is to be payable in any case or class of cases the Department may take into account—U.K.

(a)the extent to which the weekly rate of industrial death benefit has been modified in that case or class of cases by virtue of section 74 of that Act;

(b)the age of the beneficiary and of any person or persons formerly maintained by the deceased; and

(c)the length of time that entitlement to the benefit would have been likely to continue if those sections had not been repealed.

(2)In this paragraph “prescribed” means specified in or determined in accordance with regulations.