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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,

(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,

(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.