7(1)Sub-paragraph (3) below shall apply where a claim is made for a widow’s payment and the last complete year before the beginning of the benefit year in which the relevant time falls was either—
(a)the year in which the contributor concerned first became liable for primary Class 1 or Class 2 contributions; or
(b)the year preceding that in which he first became so liable.
(2)The relevant time for the purposes of this paragraph is the date on which the contributor concerned attained pensionable age or died under that age.
(3)For the purposes of satisfaction by the contributor concerned of paragraph (b) of the contribution condition for a widow’s payment, all earnings factors falling within sub-paragraph (4) below may be aggregated and that aggregate sum shall be treated as his earnings factor for the last complete year before the beginning of the benefit year in which the relevant time falls.
(4)The earnings factors referred to in sub-paragraph (3) above are—
(a)the contributor’s earnings factors for 1987-88 and each subsequent year derived from the aggregate of his earnings upon which primary Class 1 contributions were paid or treated as paid and from Class 2 contributions actually paid by him before the relevant time; and
(b)his earnings factors for each earlier year, derived from his contributions of a relevant class actually paid by him before the relevant time.
8N.I.Where a person claims [F1short-term incapacity benefit], he shall be taken to satisfy the first contribution condition for the benefit if on a previous claim for any short-term benefit he has satisfied the first contribution condition for that benefit, by virtue of paragraph 8 of Schedule 3 to the 1975 Act, with contributions of a class relevant to [F1short-term incapacity benefit].
Textual Amendments
F1Words in Sch. 3 para. 8 substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 38(4) (with art. 15(1)); S.R. 1994/450, art. 2(d), Sch. Pt. IV
9Where a woman claims a widow’s payment, the contributor concerned for the purposes of the claim shall be taken to satisfy the contribution condition for the payment if on a claim made in the past for any short-term benefit he has satisfied the first contribution condition for the benefit, by virtue of paragraph 8 of Schedule 3 to the 1975 Act, with contributions of a class relevant to widow’s payment.