Social Security Act 1975

72 Relatives

(1) Subject to Schedule 9, any such relative of the deceased as may be prescribed shall be entitled to death benefit if at the deceased's death—

(a) the relative was being wholly or mainly maintained by the deceased or would but for the relevant accident have been so maintained ; or

(b) the relative was being to a substantial extent maintained by the deceased, or would but for the relevant accident have been so maintained, and—

(i) in the case of a man, was permanently incapable of self-support;

(ii) in the case of a woman, was herself permanently incapable of self-support or was living with her husband who was permanently so incapable.

(2) Subject to Schedule 9 and section 74(1)(a), in the case of a relative entitled to death benefit under subsection (1) above, the benefit shall be a pension at the weekly rate of £1 if—

(a) the relative fulfils the conditions specified in subsection (1)(a) above; and

(b) the relative or, in the case of a married woman living with her husband, she or her husband was at the deceased's death permanently incapable of self-support.

(3) The pension shall commence from the deceased's death and, subject to subsection (4) below, be payable for such period as may be determined at the time it is granted, but may, if the beneficiary or her husband (as the case may be) continues to be permanently incapable of self-support or, in the husband's case, has died during the continuance of that incapacity, be renewed from time to time.

(4) The pension shall cease on the death of the beneficiary within the period for which it was granted and, in the case of a woman—

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

(b) shall cease on her marriage or remarriage within the period for which it was granted or, where it was granted by virtue of her husband's incapacity, on the termination of their marriage otherwise than by his death or on their ceasing to live together within that period, and shall not thereafter be renewed.

(5) Subject to Schedule 9 and section 74(1)(b), in the case of a relative entitled to death benefit under subsection (1) above but not to a pension under subsection (2), the benefit shall be—

(a) if the relative fulfils the condition specified in subsection (1)(b) but not the condition specified in subsection (1)(a), a gratuity of £52 payable, if and in such cases as regulations so provide, by instalments; and

(b) if the relative fulfils the condition specified in sub section (D(a), an allowance at the weekly rate of £1.80, commencing from the deceased's death and payable for 13 weeks from that death or, if the beneficiary dies within those 13 weeks, until the beneficiary's death.

(6) In this section " relative " does not include a husband or wife, or a parent within the meaning of section 71 above.

(7) Notwithstanding subsections (1) to (6) above, a relative who was a child at the deceased's death shall not be entitled to benefit thereunder—

(a) until he ceases to be a child ; or

(b) unless he was at the deceased's death, and is on ceasing to be a child, permanently incapable of self-support;

and a pension payable to such a relative under this section shall commence only from the date on which he ceases to be a child.

(8) Where the deceased was a man, this section applies to a posthumous son or daughter of his (whether legitimate or illegitimate) subject to such modifications as may be prescribed.