C1

C1

C2C3 Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
C2

Pt. 2 modified (E.W.S.) (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 49, 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

C3

Pt. 2: power to modify conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(1)(2)(6)(h), 89(4)(a) (with s. 52(7))

Benefits for widows and widowers

38 Widow’s pension.

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 F1or 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)(k) of the Administration Act;

b

for any period for which she is entitled to a widowed mother’s allowance; F3... F4or

F5c

for any period during which she and a man to whom she is not married are living together as husband and wife F2or

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.

F5c

for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as a married couple.

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”.