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The Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001

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Widow’s or widower’s allowance

8.—(1) Subject to the provisions of this regulation and to regulation 11 there shall be payable to the widow or widower of a person mentioned in regulation 7 an annual allowance of the amount, if any, which when added to the amount of any pension payable under a relevant pension scheme in respect of the deceased, to or for the benefit of the widow or widower, will provide an income of 45 per cent. of the deceased’s average remuneration.

(2) Subject to paragraph (3), for the first six months immediately following the death of a person who, at the date of his death was entitled to an allowance under these Regulations, there shall be payable to the widow or widower an annual allowance of the amount, if any, which when added to the aggregate mentioned in paragraph (1) will provide an income of the percentage of average remuneration by reference to which the deceased’s annual allowance was calculated:

Provided that this paragraph shall not apply where the aggregate of annual allowances otherwise payable under paragraph (1) and regulations 9(1) and 10(1) would exceed an allowance payable under this paragraph.

(3) A widow or widower shall not be entitled to receive an allowance—

(a)if the marriage took place after the deceased last ceased to be employed as a person to whom these Regulations apply or after the date on which his earning ability was reduced as a result of the injury or disease, whichever is the later;

(b)if at the date of the deceased’s death such widow or widower and a man or, as the case may be, a woman to whom she or he is not married are living together as husband and wife; or

(c)in respect of any period after such widow or widower remarries or during which she or he lives together with another person as if she or he was married to that other person, so, however, that where such marriage has terminated, the Department may restore an allowance to a widow or widower if it is satisfied that such widow or widower is suffering hardship.

(4) Where the deceased died before 6th April 1988, a widower shall not be entitled to receive an allowance unless, at the date of the deceased’s death, he was incapable by reason of permanent ill-health or infirmity of mind or body of earning his own living and was wholly or mainly dependent upon the deceased.

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