[F139C Rate of widowed parent’s allowance and bereavement allowance.N.I.
(1)The weekly rate of a widowed parent’s allowance shall be determined in accordance with the provisions of sections 44 to [F245] below [F3and Schedule 4A to this Act] as they apply in the case of a Category A retirement pension, but subject, in particular, to the following provisions of this section and section 46(2) below.
(2)The weekly rate of a bereavement allowance shall be determined in accordance with the provisions of section 44 below as they apply in the case of a Category A retirement pension so far as consisting only of the basic pension referred to in subsection (3)(a) of that section, but subject, in particular, to the following provisions of this section.
(3)In the application of sections 44 to [F445] [below and Schedule 4A to this Act] or (as the case may be) section 44 below by virtue of subsection (1) or (2) above—
(a)where the deceased spouse [F5or civil partner] was over pensionable age at his or her death, references in those sections to the pensioner shall be taken as references to the deceased spouse [F5or civil partner], and
(b)where the deceased spouse [F5or civil partner] was under pensionable age at his or her death, references in those sections to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the deceased spouse [F5or civil partner] and the tax year in which he or she died.
(4)Where a widowed parent’s allowance is payable to a person whose spouse [F5or civil partner] dies after [F65th October 2002], the additional pension falling to be calculated under sections 44 to [F445] below [and Schedule 4A to this Act] by virtue of subsection (1) above shall be one half of the amount which it would be apart from this subsection.
(5)Where a bereavement allowance is payable to a person who was under the age of 55 at the time of the spouse’s [F7or civil partner's] death, the weekly rate of the allowance shall be reduced by 7 per cent. of what it would be apart from this subsection multiplied by the number of years by which that person’s age at that time was less than 55 (any fraction of a year being counted as a year).]
Textual Amendments
F1Ss. 39A-39C inserted (24.4.2000 for specified purposes and 9.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 52(2); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I
F2Word in s. 39C(1) substituted (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 3 para. 41; S.I. 2003/962, art. 2(3)(d)(iii)
F3Words in s. 39C(1)(3)(4) inserted (8.1.2001, 1.2.2001 for specified purposes and 6.4.2002 otherwise) by 2000 c. 4 (N.I.), s. 33(4); S.R. 2000/358, art. 2(e), Sch. Pt. IV (as amended by S.R. 2000/374, art. 3); S.R. 2001/34, art. 2(a)
F4Word in s. 39C(3)(4) substituted (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 3 para. 41; S.I. 2003/962, art. 2(3)(d)(iii)
F5Words in s. 39C inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 76(a); S.I. 2005/3255, art. 2(1), Sch.
F6Words in s. 39C(4) substituted (retrospectively) by virtue of 2000 c. 4 (N.I.), s. 35(1)(a)(2)(a)
F7Words in s. 39C(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 76(b); S.I. 2005/3255, art. 2(1), Sch.
Modifications etc. (not altering text)
C1S. 39C modified (6.10.2002) by S.R. 2001/441, art. 2