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C2C3 Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
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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

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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

39BF1Bereavement allowance where no dependent children.

1

This section applies where a person whose spouse F2or civil partner dies on or after the appointed day is over the age of 45 but under pensionable age at the spouse’s F3or civil partner's death.

2

The surviving spouse F2or civil partner shall be entitled to a bereavement allowance at the rate determined in accordance with section 39C below if the deceased spouse F2or 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 F3or civil partner's death or (if later) the day on which the surviving spouse’s F3or civil partner's entitlement is to be regarded as commencing by virtue of section 5(1)(k) of the Administration Act.

4

The surviving spouse shall not be entitled to the allowance for any period after she or he remarries F4or 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.

F54A

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 F2or civil partner is entitled to a widowed parent’s allowance; F7... F8or

F9b

for any period during which the surviving spouse F2or civil partner and a person of the opposite sex to whom she or he is not married are living together as husband and wife F6or

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.

F9b

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