- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (16/07/2015)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 06/04/2016
Point in time view as at 16/07/2015.
Social Security Contributions and Benefits (Northern Ireland) Act 1992, Cross Heading: Benefits for widows and widowers is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A person whose spouse [F2or civil partner] dies on or after the appointed day shall be entitled to a bereavement payment if—
(a)either that person was under pensionable age at the time when the spouse [F2or civil partner] died or the spouse [F2or civil partner] was then not entitled to a Category A retirement pension under section 44 below; and
(b)the spouse [F2or civil partner] satisfied the contribution condition for a bereavement payment specified in Schedule 3, Part I, paragraph 4.
[F3(2)A bereavement payment shall not be payable to a person if—
(a)that person and a person of the opposite sex to whom that person was not married were living together as husband and wife at the time of the spouse’s or civil partner’s death, or
(b)that person and a person of the same sex who was not his or her civil partner were living together as if they were civil partners at the time of the spouse’s or civil partner’s death.]
(3)In this section “the appointed day” means the day appointed for the coming into operation of Articles 51 to 53 of the Welfare Reform and Pensions (Northern Ireland) Order 1999.]
Textual Amendments
F1S. 36 substituted (24.4.2000 for specified purposes and 9.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 51(1); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I
F2Words in s. 36(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 70(2); S.I. 2005/3255, art. 2(1), Sch.
F3S. 36(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 70(3); S.I. 2005/3255, art. 2(1), Sch.
(1)Sections 37 to 39 and section 40 below apply only in cases where a woman’s husband has died before the appointed day, and section 41 below applies only in cases where a man’s wife has died before that day.
(2)Sections 39A to 39C below apply in cases where a person’s spouse [F5or civil partner] dies on or after the appointed day, but section 39A also applies (in accordance with subsection (1)(b) of that section) in cases where a man’s wife has died before that day.
(3)In this section, and in sections 39A and 39B below, “the appointed day” means the day appointed for the coming into operation of Articles 51 to 53 of the Welfare Reform and Pensions (Northern Ireland) Order 1999.]
Textual Amendments
F4S. 36A inserted (24.4.2000 for specified purposes and 9.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 52(1); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I
F5Words in s. 36A(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 71; S.I. 2005/3255, art. 2(1), Sch.
(1)A woman who has been widowed shall be entitled to a widowed mother’s allowance at the rate determined in accordance with section 39 below if her late husband satisfied the contribution conditions for a widowed mother’s allowance specified in Schedule 3, Part I, paragraph 5 and either—
(a)the woman is entitled to child benefit in respect of a child [F6or qualifying young person] falling within subsection (2) below;
(b)the woman is pregnant by her late husband; or
(c)if the woman and her late husband were residing together immediately before the time of his death, the woman is pregnant as the result of being artificially inseminated before that time with the semen of some person other than her husband, or as the result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs.
(2)A child [F7or qualifying young person] falls within this subsection if F8... the child [F9or qualifying young person] is either—
(a)a son or daughter of the woman and her late husband;
(b)a child [F10or qualifying young person] in respect of whom her late husband was immediately before his death entitled to child benefit; or
(c)if the woman and her late husband were residing together immediately before his death, a child [F10or qualifying young person] in respect of whom she was then entitled to child benefit.
(3)The widow shall not be entitled to the allowance for any period after she remarries [F11or forms a civil partnership], but, subject to that, she shall continue to be entitled to it for any period throughout which she satisfies the requirements of subsection (1)(a), (b) or (c) above.
(4)A widowed mother’s allowance 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; F12...
(b)for any period during which she and a man to whom she is not married are living together as husband and wife; [F13or
(c)for any period during which she and a woman who is not her civil partner are living together as if they were civil partners].
Textual Amendments
F6Words in s. 37(1)(a) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 28(2)
F7Words in s. 37(2) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 28(3)(a)
F8Words in s. 37(2) repealed (7.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 46, 60(1), Sch. 8; S.R. 2008/339, art. 2(3)(a) (with art. 3(3))
F9Words in s. 37(2) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 28(3)(b)
F10Words in s. 37(2) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 28(3)(c)
F11Words in s. 37(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 72(2); S.I. 2005/3255, art. 2(1), Sch.
F12Word in s. 37(4) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3255, art. 2(1), Sch.
F13S. 37(4)(c) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 72(3); S.I. 2005/3255, art. 2(1), Sch.
(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 [F14or forms a civil partnership], but, subject to that, she shall continue to be entitled to it until she attains the age of 65.
(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; F15...
(c)for any period during which she and a man to whom she is not married are living together as husband and wife; [F16or
(d)for any period during which she and a woman who is not her civil partner are living together as if they were civil partners].
(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 ”.
Textual Amendments
F14Words in s. 38(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 73(2); S.I. 2005/3255, art. 2(1), Sch.
F15Word in s. 38(3) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3255, art. 2(1), Sch.
F16S. 38(3)(d) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 73(3); S.I. 2005/3255, art. 2(1), Sch.
(1)The weekly rate of—
(a)a widowed mother’s allowance,
(b)a widow’s pension,
shall be determined in accordance with the provisions of [F17[F18sections 44 to] [F1945B]] below F20... as they apply in the case of a Category A retirement pension, but subject, in particular, to the following provisions of this section and section [F2146] below.
(2)In the application of [F17[F18sections 44 to] [F1945B]] below F20... by virtue of subsection (1) above—
(a)where the woman’s husband was over pensionable age when he died, references in those sections to the pensioner shall be taken as references to the husband, and
(b)where the husband was under pensionable age when he died, references in those sections to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the husband and the tax year in which he died.
[F22(2A)In its application by virtue of subsection (1) above, section 44(4) below is to be read as if for the first amount specified in that provision there were substituted a reference to the amount prescribed for the purposes of this subsection.]
F23(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Where a widow’s pension is payable to a woman who was under the age of 55 at the time when the applicable qualifying condition was fulfilled, the weekly rate of the pension shall be reduced by 7 per cent. of what it would be apart from this subsection multiplied by the number of years by which her age at that time was less than 55 (any fraction of a year being counted as a year).
(5)For the purposes of subsection (4) above, the time when the applicable qualifying condition was fulfilled is the time when the woman’s late husband died or, as the case may be, the time when she ceased to be entitled to a widowed mother’s allowance.
(6)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 (4) above shall have effect as if for “55” there were substituted “ 50 ”.
Textual Amendments
F17Words in s. 39(1)(2)(3) substituted (16.12.1995 subject to Sch. 2 of the amending S.I.) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 124(2)-(5)
F18Words in s. 39(1)(2)(3) amendment continued (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 3 para. 39; S.I. 2003/962, art. 2(3)(d)(iii)
F19Words in s. 39(1)(2)(3) substituted (1.12.2000) by S.I. 1999/3147 (N.I. 11), art. 74, Sch. 9 para. 7; S.R. 2000/133, art. 2(3), Sch. Pt. IV
F20Words in s. 39 repealed (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 2 para. 3(a), Sch. 6 Pt. 4
F21Figure in s. 39(1) substituted (3.1.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), s. 118(1), Sch. 3 para. 3 (with s. 73); S.R. 2011/441, art. 2(c)(ii)
F22S. 39(2A) inserted (with effect in relation to the tax year 2010–11 and subsequent tax years) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 6(1) (with s. 6(3)); S.I. 2010/2650
F23S. 39(3) repealed (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 2 para. 3(b), Sch. 6 Pt. 4
(1)This section applies where—
(a)a person whose spouse [F25or civil partner] dies on or after the appointed day is under pensionable age at the time of the spouse’s [F26or civil partner's] death, or
(b)a man whose wife died before the appointed day—
(i)has not remarried before that day, and
(ii)is under pensionable age on that day.
(2)The surviving spouse [F25or civil partner] shall be entitled to a widowed parent’s allowance at the rate determined in accordance with section 39C below if the deceased spouse [F25or civil partner] satisfied the contribution conditions for a widowed parent’s allowance specified in Schedule 3, Part I, paragraph 5 and—
(a)the surviving spouse [F25or civil partner] is entitled to child benefit in respect of a child [F27or qualifying young person] falling within subsection (3) below; F28...
(b)the surviving spouse is a woman who either—
(i)is pregnant by her late husband, or
(ii)if she and he were residing together immediately before the time of his death, is pregnant in circumstances falling within section 37(1)(c) above; [F29or
(c)the surviving civil partner is a woman who—
(i)was residing together with the deceased civil partner immediately before the time of the death, and
(ii)is pregnant as the result of being artificially inseminated before that time with the semen of some person, or as a result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs].
(3)A child [F30or qualifying young person] falls within this subsection if F31... the child [F32or qualifying young person] is either—
(a)a son or daughter of the surviving spouse [F25or civil partner] and the deceased spouse [F25or civil partner]; or
(b)a child [F33or qualifying young person] in respect of whom the deceased spouse [F25or civil partner] was immediately before his or her death entitled to child benefit; or
(c)if the surviving spouse [F25or civil partner] and the deceased spouse [F25or civil partner] were residing together immediately before his or her death, a child [F33or qualifying young person] in respect of whom the surviving spouse [F25or civil partner] was then entitled to child benefit.
(4)The surviving spouse shall not be entitled to the allowance for any period after she or he remarries [F34or forms a civil partnership], but, subject to that, the surviving spouse shall continue to be entitled to it for any period throughout which she or he—
(a)satisfies the requirements of subsection (2)(a) or (b) above; and
(b)is under pensionable age.
[F35(4A)The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it for any period throughout which she or he—
(a)satisfies the requirements of subsection (2)(a) or (b) above; and
(b)is under pensionable age.]
(5)A widowed parent’s allowance shall not be payable—
(a)for any period falling before the day on which the surviving spouse’s [F26or civil partner's] entitlement is to be regarded as commencing by virtue of section 5(1)(l) of the Administration Act; F36...
(b)for any period during which the surviving spouse [F25or civil partner] and a person of the opposite sex to whom she or he is not married are living together as husband and wife; [F37or
(c)for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners].]
Textual Amendments
F24Ss. 39A-39C inserted (24.4.2000 for specified purposes and 9.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 52(2); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I
F25Words in s. 39A inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 74(2); S.I. 2005/3255, art. 2(1), Sch.
F26Words in s. 39A inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 74(3); S.I. 2005/3255, art. 2(1), Sch.
F27Words in s. 39A(2)(a) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 29(2)
F28Word in s. 39A(2) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3255, art. 2(1), Sch.
F29S. 39A(2)(c) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 74(4); S.I. 2005/3255, art. 2(1), Sch.
F30Words in s. 39A(3) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 29(3)(a)
F31Words in s. 39A(3) repealed (7.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 47, 60(1), Sch. 8; S.R. 2008/339, art. 2(3)(a) (with art. 3(3))
F32Words in s. 39A(3) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 29(3)(b)
F33Words in s. 39A(3) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 29(3)(c)
F34Words in s. 39A(4) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 74(5); S.I. 2005/3255, art. 2(1), Sch.
F35S. 39A(4A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 74(6); S.I. 2005/3255, art. 2(1), Sch.
F36Word in s. 39A(5) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3255, art. 2(1), Sch.
F37S. 39A(5)(c) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 74(7); S.I. 2005/3255, art. 2(1), Sch.
(1)This section applies where a person whose spouse [F39or civil partner] dies on or after the appointed day is over the age of 45 but under pensionable age at the spouse’s [F40or civil partner's] death.
(2)The surviving spouse [F39or civil partner] shall be entitled to a bereavement allowance at the rate determined in accordance with section 39C below if the deceased spouse [F39or civil partner] satisfied the contribution conditions for a bereavement allowance specified in Schedule 3, Part I, paragraph 5.
(3)A bereavement allowance shall be payable for not more than 52 weeks beginning with the date of the spouse’s [F40or civil partner's] death or (if later) the day on which the surviving spouse’s [F40or civil partner's] entitlement is to be regarded as commencing by virtue of section 5(1)(l) of the Administration Act.
(4)The surviving spouse shall not be entitled to the allowance for any period after she or he remarries [F41or forms a civil partnership], but, subject to that, the surviving spouse shall continue to be entitled to it until—
(a)she or he attains pensionable age, or
(b)the period of 52 weeks mentioned in subsection (3) above expires,
whichever happens first.
[F42(4A)The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it until—
(a)she or he attains pensionable age, or
(b)the period of 52 weeks mentioned in subsection (3) above expires,
whichever happens first.]
(5)The allowance shall not be payable—
(a)for any period for which the surviving spouse [F39or civil partner] is entitled to a widowed parent’s allowance; F43...
(b)for any period during which the surviving spouse [F39or civil partner] and a person of the opposite sex to whom she or he is not married are living together as husband and wife; [F44or
(c)for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners].]
Textual Amendments
F38Ss. 39A-39C inserted (24.4.2000 for specified purposes and 9.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 52(2); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I
F39Words in s. 39B inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 75(2); S.I. 2005/3255, art. 2(1), Sch.
F40Words in s. 39B inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 75(3); S.I. 2005/3255, art. 2(1), Sch.
F41Words in s. 39B(4) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 75(4); S.I. 2005/3255, art. 2(1), Sch.
F42S. 39B(4A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 75(5); S.I. 2005/3255, art. 2(1), Sch.
F43Word in s. 39B(5) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3255, art. 2(1), Sch.
F44S. 39B(5)(c) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 75(6); S.I. 2005/3255, art. 2(1), Sch.
(1)The weekly rate of a widowed parent’s allowance shall be determined in accordance with the provisions of sections 44 to [F4645AA] below [F47and Schedules 4A to 4C] [F48to this Act] as they apply in the case of a Category A retirement pension, but subject, in particular, to the following provisions of this section and section [F4946] below.
[F50(1A)In its application by virtue of subsection (1) above, section 44(4) below is to be read as if for the first amount specified in that provision there were substituted a reference to the amount prescribed for the purposes of this subsection.]
[F50(2)The weekly amount of a bereavement allowance is an amount equal to the amount prescribed for the purposes of subsection (1A) above.]
(3)In the application of sections 44 to [F5145AA] [F48below [F52and Schedules 4A to 4C] to this Act] [F53by virtue of subsection (1) above]—
(a)where the deceased spouse [F54or civil partner] was over pensionable age at his or her death, references in those [F55provisions] to the pensioner shall be taken as references to the deceased spouse [F54or civil partner], and
(b)where the deceased spouse [F54or civil partner] was under pensionable age at his or her death, references in those [F56provisions] to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the deceased spouse [F54or civil partner] and the tax year in which he or she died.
(4)Where a widowed parent’s allowance is payable to a person whose spouse [F54or civil partner] dies after [F575th October 2002], the additional pension falling to be calculated under sections 44 to [F5145AA] below [F52and Schedules 4A to 4C] [F48to this Act] by virtue of subsection (1) above shall be one half of the amount which it would be apart from this subsection.
(5)Where a bereavement allowance is payable to a person who was under the age of 55 at the time of the spouse’s [F58or civil partner's] death, the weekly rate of the allowance shall be reduced by 7 per cent. of what it would be apart from this subsection multiplied by the number of years by which that person’s age at that time was less than 55 (any fraction of a year being counted as a year).]
Textual Amendments
F45Ss. 39A-39C inserted (24.4.2000 for specified purposes and 9.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 52(2); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I
F46Figure in s. 39C(1) substituted (3.1.2012 with retrospective effect in accordance with Sch. 3 para. 5(2)-(5) to the amending Act) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), s. 118(1), Sch. 3 para. 4(2)(a) (with s. 73); S.R. 2011/441, art. 2(c)(iv)
F47Words in s. 39C(1) substituted (3.1.2012 for specified purposes) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), s. 118(1), Sch. 3 para. 4(2)(b) (with s. 73); S.R. 2011/441, art. 2(c)(iv)
F48Words in s. 39C(1)(3)(4) inserted (8.1.2001, 1.2.2001 for specified purposes and 6.4.2002 otherwise) by 2000 c. 4 (N.I.), s. 33(4); S.R. 2000/358, art. 2(e), Sch. Pt. IV (as amended by S.R. 2000/374, art. 3); S.R. 2001/34, art. 2(a)
F49Figure in s. 39C(1) substituted (3.1.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), s. 118(1), Sch. 3 para. 4(2)(c) (with s. 73); S.R. 2011/441, art. 2(c)(iv)
F50S. 39C(1A)(2) substituted for s. 39C(2) (with effect in relation to the tax year 2010–11 and subsequent tax years) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 6(2)(a) (with s. 6(3)); S.I. 2010/2650
F51Figure in s. 39C(3)(4) substituted (3.1.2012 with retrospective effect in accordance with Sch. 3 para. 5(2)-(5) to the amending Act) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), s. 118(1), Sch. 3 para. 4(3)(a) (with s. 73); S.R. 2011/441, art. 2(c)(iv)
F52Words in s. 39C(3)(4) substituted (3.1.2012 for specified purposes) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), s. 118(1), Sch. 3 para. 4(3)(b) (with s. 73); S.R. 2011/441, art. 2(c)(iv)
F53Words in s. 39C(3) substituted (with effect in relation to the tax year 2010–11 and subsequent tax years) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 6(2)(b) (with s. 6(3)); S.I. 2010/2650
F54Words in s. 39C inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 76(a); S.I. 2005/3255, art. 2(1), Sch.
F55Word in s. 39C(3)(a) substituted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 2 para. 4(3)
F56Word in s. 39C(3)(b) substituted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 2 para. 4(3)
F57Words in s. 39C(4) substituted (retrospectively) by virtue of 2000 c. 4 (N.I.), s. 35(1)(a)(2)(a)
F58Words in s. 39C(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 76(b); S.I. 2005/3255, art. 2(1), Sch.
Modifications etc. (not altering text)
C1S. 39C modified (6.10.2002) by S.R. 2001/441, art. 2
(1)Subject to subsection (2) below, this section applies to a woman who—
(a)on her late husband’s death is not entitled to a widowed mother’s allowance or subsequently ceases to be entitled to such an allowance;
(b)is incapable of work at the time when he dies or when she subsequently ceases to be so entitled;
(c)either—
(i)would have been entitled to a widow’s pension if she had been over the age of 45 when her husband died or when she ceased to be entitled to a widowed mother’s allowance; or
(ii)is entitled to such a pension with a reduction under section 39(4) above; and
(d)is not entitled to incapacity benefit apart from this section.
(2)This section does not apply to a woman unless—
(a)her husband died after 5th April 1979; or
(b)she ceased to be entitled to a widowed mother’s allowance after that date (whenever her husband died).
(3)A woman to whom this section applies is entitled to long-term incapacity benefit under this section for any day of incapacity for work which—
(a)falls in a period of incapacity for work that began before the time when her late husband died or she subsequently ceased to be entitled to a widowed mother’s allowance; and
(b)is after that time and after the first 364 days of incapacity for work in that period.
(4)A woman to whom this section applies who is not entitled to long-term incapacity benefit under subsection (3) above, but who is terminally ill, is entitled to short-term incapacity benefit under this section for any day of incapacity for work which—
(a)falls in a period of incapacity for work that began before the time when her late husband died or she subsequently ceased to be entitled to a widowed mother’s allowance; and
(b)is after that time and after the first 196 days of incapacity for work in that period.
For the purposes of this subsection a woman is terminally ill if she suffers from a progressive disease and her death in consequence of that disease can reasonably be expected within 6 months.
(5)The weekly rate of incapacity benefit payable under this section is—
(a)if the woman is not entitled to a widow’s pension, that which would apply if she were entitled to long-term incapacity benefit under section 30A above; and
(b)if she is entitled to a widow’s pension with a reduction under section 39(4) above, the difference between the weekly rate of that pension and the weekly rate referred to in paragraph (a) above.
(6)A woman is not entitled to incapacity benefit under this section if she is over pensionable age; but if she has attained pensionable age and the period of incapacity for work mentioned in subsection (3)(a) or (4)(a) above did not terminate before she attained that age—
(a)she shall, if not otherwise entitled to a Category A retirement pension, be entitled to such a pension; and
(b)the weekly rate of the Category A retirement pension to which she is entitled (whether by virtue of paragraph (a) above or otherwise) shall be determined in the prescribed manner.
(7)Where a woman entitled to short-term incapacity benefit under subsection (4) above attains pensionable age and defers her entitlement to a Category A retirement pension or makes an election under section 54(1) below, the days of incapacity for work falling within the period of incapacity for work mentioned in that subsection shall, for the purpose of determining any subsequent entitlement to incapacity benefit under section 30A above or the rate of that benefit, be treated as if they had been days of entitlement to short-term incapacity benefit.
(8)References to short-term incapacity benefit at the higher rate shall be construed as including short-term incapacity benefit payable under subsection (4) above.]
Textual Amendments
F59S. 40 substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 8; S.R. 1994/450, art. 2(d), Sch. Pt. IV
Modifications etc. (not altering text)
(1)This section applies to a man whose wife has died on or after 6th April 1979 and who either—
(a)was incapable of work at the time when she died; or
(b)becomes incapable of work within the prescribed period after that time;
and is not entitled to incapacity benefit apart from this section.
(2)A man to whom this section applies is entitled to long-term incapacity benefit under this section for any day of incapacity for work which—
(a)falls in a period of incapacity for work that began before the time when his wife died or within the prescribed period after that time; and
(b)is after that time and after the first 364 days of incapacity for work in that period.
(3)A man to whom this section applies who is not entitled to long-term incapacity benefit under subsection (2) above, but who is terminally ill, is entitled to short-term incapacity benefit under this section for any day of incapacity for work which—
(a)falls in a period of incapacity for work that began before the time when his late wife died or within the prescribed period after that time; and
(b)is after that time and after the first 196 days of incapacity for work in that period.
For the purposes of this subsection a man is terminally ill if he suffers from a progressive disease and his death in consequence of that disease can reasonably be expected within 6 months.
(4)The weekly rate of incapacity benefit payable under this section is that which would apply if he were entitled to long-term incapacity benefit under section 30A above.
(5)A man is not entitled to incapacity benefit under this section if he is over pensionable age; but if he has attained pensionable age, and the period of incapacity for work mentioned in subsection (2)(a) or (3)(a) above did not terminate before he attained that age—
(a)he shall, if not otherwise entitled to a Category A retirement pension and also not entitled to a Category B retirement pension by virtue of [F61the contributions of his wife], be entitled to a Category A retirement pension; and
(b)the weekly rate of the Category A retirement pension to which he is entitled (whether by virtue of paragraph (a) above or otherwise) shall be determined in the prescribed manner.
(6)Where a man entitled to short-term incapacity benefit under subsection (3) above attains pensionable age and defers his entitlement to a Category A retirement pension or makes an election under section 54(1) below, the days of incapacity for work falling within the period of incapacity for work mentioned in that subsection shall, for the purpose of determining any subsequent entitlement to incapacity benefit under section 30A above or the rate of that benefit, be treated as if they had been days of entitlement to short-term incapacity benefit.
(7)References to short-term incapacity benefit at the higher rate shall be construed as including short-term incapacity benefit payable under subsection (3) above.]
Textual Amendments
F60S. 41 substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 9; S.R. 1994/450, art. 2(d), Sch. Pt. IV
F61Words in s. 41(5)(a) substituted (16.12.1995 subject to Sch. 2 of the amending S.I.) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 123, Sch. 2 Pt. III para. 18(4)
Modifications etc. (not altering text)
[F63(1)Where a person claims incapacity benefit under section 40 or 41 above for a period commencing after he has ceased to be in qualifying remunerative work (within the meaning of Part 1 of the Tax Credits Act 2002) and—
(a)the day following that on which he so ceased was a day of incapacity for work for him,
(b)he has been entitled to incapacity benefit under that section within the period of two years ending with that day of incapacity for work, and
(c)he satisfied the relevant tax credit conditions on the day before he so ceased,
every day during that period on which he satisfied those conditions is to be treated for the purposes of the claim as a day of incapacity for work for him.
(1A)A person satisfies the relevant tax credit conditions on a day if—
(a)he is entitled for the day to the disability element of working tax credit (on a claim made by him or by him jointly with another) or would be so entitled but for the fact that the relevant income (within the meaning of Part 1 of the Tax Credits Act 2002) in his or their case is such that he is not so entitled, and
(b)either working tax credit or any element of child tax credit other than the family element is paid in respect of the day on such a claim.]
(2)Where—
(a)a person becomes engaged in training for work; and
(b)he was entitled to incapacity benefit under section 40 or 41 above for one or more of the 56 days immediately before he became so engaged; and
(c)the first day after he ceases to be so engaged is for him a day of incapacity for work and falls not later than the end of the period of two years beginning with the last day for which he was entitled to incapacity benefit under that section,
any day since that day in which he was engaged in training for work shall be treated for the purposes of any claim for incapacity benefit under that section for a period commencing after he ceases to be so engaged as having been a day of incapacity for work.
In this subsection “training for work” means training for work in pursuance of arrangements made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950 or training of such other description as may be prescribed.
(3)For the purposes of this section “week” means any period of 7 days.]
Textual Amendments
F62S. 42 substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 10; S.R. 1994/450, art. 2(d), Sch. Pt. IV
F63S. 42(1)(1A) substituted for s. 42(1) (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 3 para. 42; S.I. 2003/962, art. 2(3)(d)(iii)
Modifications etc. (not altering text)
C6S. 42 modified (31.3.2003) by The Tax Credits Act 2002 (Commencement No. 4, Transitional Provisions and Savings) Order 2003 (S.I. 2003/962), art. 5(3)
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