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PART IVAWARDS IN RESPECT OF THE DEATH OF GAINFULLY OCCUPIED PERSONS AND CIVIL DEFENCE VOLUNTEERS

Temporary allowances to widows and unmarried dependants who lived as wives of severely disabled persons

31.—(1) Where a disabled person dies on or after 2nd December 1963 and an allowance under Article 14 or Article 18(1)(i) or, in the case of a disabled person who was concurrently eligible for an allowance under Article 18(1)(i), Article 21 was payable to him in respect of any period ending with his death, or an allowance under Article 14 ceased to be payable within 13 weeks of his death following his entry as an in-patient into a hospital or other institution, his widow or unmarried dependant who lived as his wife may be awarded a personal allowance and additional allowances in respect of children in accordance with the following provisions of this Article.

(2) A personal allowance awarded under this Article to a widow shall be payable—

(a)for the period of 26 weeks commencing with the Wednesday next following the day of her husband's death; and

(b)at a weekly rate equal to the total amount of the pension or treatment allowances and any other allowances payable to her husband under this Scheme in respect of the 7 days next preceding the day of his death, with the exception of allowances under Article 17 or 18(5)(c) or any allowance in respect of a child:

Provided that—

(i)a personal allowance shall not be payable for any period after the death of the widow;

(ii)in calculating the weekly rate of allowances for the purposes of the foregoing provisions of this Article, a disabled person who, being concurrently eligible for an allowance under Article 18(1)(i), was in receipt of an allowance under Article 21 shall be deemed in lieu thereof to have been in receipt of an allowance under Article 18(1)(i).

(3) An unmarried dependant who lived as the wife of the person and who had at the date of his death a child of his in her charge may be awarded a personal allowance under this Article as if she were the widow of the person:

Provided that the rate of the allowance payable to her shall be at the discretion of the Secretary of State, but shall not in any case exceed the rate which, if she were the person's widow, would be appropriate in her case under paragraph (2) of this Article, and the allowance shall not be payable for any period after she ceases to have that child in her charge.

(4) Where the widow of a person or an unmarried dependant who lived as the wife of a person is awarded a personal allowance under this Article, she may be awarded an additional allowance in respect of any child for whom an allowance was payable to that person immediately before his death, and any such additional allowance shall be payable—

(a)for so long as the personal allowance is payable and the child is alive and has not attained the age of 15, or, if he has attained that age, is a student or an apprentice or is incapable of self-support by reason of an infirmity which arose before he attained that age and the circumstances are such, in the opinion of the Secretary of State, as to justify the continuance of the award; and

(b)at the weekly rate at which the allowance or allowances, other than an allowance under Article 13, for that child was or were payable to the person in respect of the 7 days next preceding the day of his death.

(5) Where the aggregate amount of any payments made to a person under this Article for any period is equal to or exceeds the aggregate amount of any pension, allowance (other than an allowance under this Article or Article 36) or grant which, apart from the provisions of this paragraph, might be awarded to that person for that period under this Part of this Scheme, no award of such pension, allowance or grant shall be made for that period; but where the aggregate amount of any such payments is less than the aggregate amount of any such pension, allowance or grant, the said pension, allowance or grant may be awarded for that period and the said payments shall be treated as paid on account thereof:

Provided that where a widow who, but for the provisions of this paragraph, would have been eligible for a pension under Article 27 re-marries, the provisions of Article 71(3) shall apply in her case as if that pension had been awarded to her.