C2C3 Part II Contributory Benefits
Complete or partial failure to satisfy contribution conditions
60 Complete or partial failure to satisfy contribution conditions.
1
Subject to the provisions of this section, regulations may provide for persons to be entitled to any of the following benefits, namely—
a
a widowed mother’s allowance,
F5aa
a widowed parent’s allowance,
F12ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a widow’s pension,
c
a Category A retirement pension,
d
a Category B retirement pension,
in cases where the first contribution condition specified in relation to that benefit in paragraph 5 of Schedule 3 to this Act is satisfied and the second contribution condition so specified is not.
2
Subject to subsection (8) below, in any case where—
a
an employed earner who is married F9 or a civil partner dies as a result of—
i
a personal injury of a kind mentioned in section 94(1) below, or
ii
a disease or injury such as is mentioned in section 108(1) below, and
b
the contribution conditions are not wholly satisfied in respect of F1the employed earner,
3
The benefits referred to in subsection (2) above are the following—
F13a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a widowed mother’s allowance;
F6ba
a widowed parent’s allowance;
F13bb
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
a widow’s pension;
4
Subject to F7subsection (7) below, regulations under subsection (1) above shall provide for benefit payable by virtue of any such regulations to be payable at a rate, or to be of an amount, less than that which would be applicable under this Part of this Act had both of the relevant contribution conditions been fully satisfied.
5
Subject to F7subsection (7) below, the rate or amount prescribed by regulations under subsection (1) above may vary with the extent to which the relevant contribution conditions are satisfied (and may be nil).
F86
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Regulations may provide that where—
a
a person is entitled by virtue of subsection (1) above to a Category A or Category B retirement pension consisting only of the additional pension with no basic pension, and
b
that retirement pension, and any graduated retirement benefit to which he may be entitled, together amount to less than the prescribed rate,
that person’s entitlement as respects that retirement pension shall be satisfied either altogether or for a prescribed period by the making of a single payment of the prescribed amount.
8
Subsection (2) above only has effect where the employed earner’s death occurred on or after 11th April 1988.
F119
References in this section to a Category A or Category B retirement pension do not include one to which Schedule 3, Part I, paragraph 5A applies.
Pt. 2 modified (E.W.S.) (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 49, 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV