C1C2C3C4Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 20-62) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).

C3

Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)

C4

Pt. II modified (temp. from 1.12.1999 to 5.10.2002) by S.I. 1999/3147 (N.I. 11), art. 49(7)(a) (the temp. modification lapsing on the coming into operation of S.R. 2001/441, which modifies specified provisions of Pt. II, on 6.10.2002)

F1Bereavement benefits: deaths before the day on which section 29 of the Pensions Act (Northern Ireland) 2015 comes into operation

Annotations:
Amendments (Textual)

38 Widow’s pensionF5: deaths before 9 April 2001.

F3A1

This section applies only in cases where a woman's husband has died before 9 April 2001.

1

A woman who has been widowed shall be entitled to a widow’s pension at the rate determined in accordance with section 39 below if her late husband satisfied the contribution conditions for a widow’s pension specified in Schedule 3, Part I, paragraph 5 and either—

a

she was, at the husband’s death, over the age of 45 but under the age of 65; or

b

she ceased to be entitled to a widowed mother’s allowance at a time when she was over the age of 45 but under the age of 65.

2

The widow shall not be entitled to the pension for any period after she remarries F6or forms a civil partnership, but, subject to that, she shall continue to be entitled to it until she attains F2pensionable age.

3

A widow’s pension shall not be payable—

a

for any period falling before the day on which the widow’s entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(l) of the Administration Act;

b

for any period for which she is entitled to a widowed mother’s allowance; F4or

c

for any period during which she, and a person who is neither her spouse nor her civil partner, are living together as if spouses of each other.

4

In the case of a widow whose late husband died before 11th April 1988 and who either—

a

was over the age of 40 but under the age of 55 at the time of her husband’s death; or

b

is over the age of 40 but under the age of 55 at the time when she ceases to be entitled to a widowed mother’s allowance,

subsection (1) above shall have effect as if for “45” there were substituted “ 40 ”.