Social Security Act 1975

73 Woman having care of deceased's children

(1) Subject to Schedule 9, where at the date of the relevant accident and throughout the period between that date and his death—

(a) the deceased had a family which included a child or children; and

(b) a female person (not a child) was residing with the deceased and had the care of the child or one or more of the children,

she shall be entitled to death benefit if she was being wholly or mainly maintained by the deceased at that date and was, or would but for the accident have been, so maintained throughout that period.

(2) Where the deceased was a man, any illegitimate son or daughter of him and the female person above referred to shall be treated under this section as having been a child of the deceased's family during any part of that period (between the date of the relevant accident and the deceased's death) during which he or she—

(a) was a child of the female person's family ; and

(b) was, or would but for the relevant accident have been, wholly or mainly maintained by the deceased.

(3) Subject to section 85 below (overlapping benefits), benefit under this section shall be an allowance at the weekly rate of £1 commencing from the death of the deceased and payable for any period during which the beneficiary has the care of the child or one or more of the children:

Provided that the allowance—

(a) shall cease to be payable upon the marriage or remarriage of the beneficiary ; and

(b) shall not be payable for any period during which the beneficiary is cohabiting with a man not her husband.