SCHEDULE 6FAMILY BENEFITS

PART IICONTRIBUTIONS: MARRIED WOMEN

12

1

The widower of a woman who–

a

died during the period beginning on 6th April 1988 and ending with 31st December 1989 without having made an election under paragraph 9; and

b

either was in pensionable employment when she died or had ceased during that period to be so employed,

  • may make a corresponding election under this paragraph.

2

A married woman who–

a

ceased to be in pensionable employment during the period mentioned in sub-paragraph (1); and

b

on ceasing to be so employed did not immediately become entitled to payment of retiring allowances,

  • may make a corresponding election under this paragraph if the conditions in sub-paragraph (3) are satisfied.

3

The conditions are that–

a

she did not again enter pensionable employment; and (b) she has become entitled to payment of retiring allowances.

4

Where a woman to whom sub-paragraphs (2) and (3) would otherwise have applied dies before becoming entitled to payment of retiring allowances, her widower may make a corresponding election under this paragraph.

5

An election under this paragraph–

a

must be made by giving written notice to the Secretary of State within the appropriate period;

b

must specify the period in respect of which it is made; and

c

is to be treated as an election to make payment by Method B.

6

The appropriate period is–

a

where sub-paragraph (1) applies, the period beginning on 1st July 1989 and ending with 31st December 1989;

b

where sub-paragraphs (2) and (3) apply, 6 months from the date on which she became entitled to payment of retiring allowances; and (c) where sub-paragraph (4) applies, 3 months from the date of her death.