Social Security Contributions and Benefits Act 1992

Widow’s benefit (entitlement) E+W+S

15 (1) The widow of the deceased shall be entitled to death benefit if at his death either— E+W+S

(a) she was residing with him; or

(b) she was receiving or entitled to receive, or would but for the relevant accident have been receiving or entitled to receive, from him periodical payments for her maintenance of not less than the prescribed amount.

(2) In the case of a widow, death benefit shall be a pension commencing from the death of the deceased and payable, at the weekly rate for the time being applicable under paragraph 16 below for life or until she remarries [F1 or forms a civil partnership].

(3) A pension under this paragraph shall not be payable for any period during which the beneficiary is living as [F2 husband and wife with a man not her husband [F3 or is living together with a person of the same sex as if they were civil partners].] [F2 a married couple with a person whom she is not married to or in a civil partnership with.]

(4) In this paragraph—

(a) references to a widow receiving or being entitled to receive payments from the deceased are only to her receiving or being entitled to receive (whether from him or from another) payments provided or procured by the deceased; and

(b) “entitled” means, in relation to any such payments, entitled under any order of a court, trust or agreement which the widow has taken reasonable steps to enforce.

Textual Amendments

F1 Words in Sch. 7 para. 15(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 52(5)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F2 Words in Sch. 7 para. 15(3) substituted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 22(9)(b)

F3 Words in Sch. 7 para. 15(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 52(5)(b); S.I. 2005/3175, art. 2(1), Sch. 1