Social Security Contributions and Benefits (Northern Ireland) Act 1992

41 Invalidity pension for widowers

(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.

(2) Subject to subsection (7) below, a man to whom this section applies shall be entitled to an invalidity pension under this section for any day of incapacity for work which—

(a) falls in a period of interruption of employment 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 168 days of incapacity for work in that period.

(3) An invalidity pension under this section shall be payable at the higher of—

(a) the weekly rate which would apply if the pension were payable under section 33 above; or

(b) the weekly rate specified in subsection (4) below.

(4) The weekly rate mentioned in subsection (3)(b) above is a rate determined in accordance with the provisions of sections 44 and 45 below as they apply in the case of a Category A retirement pension, but subject, in particular, to subsections (5) and (6) and section 46(2) below.

(5) In the application of sections 44 and 45 below by virtue of subsection (4) above—

(a) where the man’s wife was over pensionable age when she died, references in those sections to the pensioner shall be taken as references to the wife; and

(b) where the man’s wife was under pensionable age when she 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 wife and the tax year in which she died; and

(c) any additional pension shall be determined without reference to any surpluses in her earnings factors for tax years after 1990-91.

(6) In the case of a widower whose wife dies after 5th April 2000, the additional pension falling to be calculated under sections 44 and 45 below by virtue of subsection (4) above shall be one half of the amount which it would be apart from this subsection.

(7) A man shall not be entitled to an invalidity pension under this section if he is over pensionable age and is entitled to a Category A or Category B retirement pension; but if he has attained pensionable age, and the period of interruption of employment mentioned in subsection (2)(a) above did not terminate earlier than the day 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 section 51 below, 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.

(8) No invalidity pension shall be payable under section 33 above for any day of incapacity for which an invalidity pension is payable under this section.