C3C4C5C6Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
C3

Pt. II (ss. 20-62) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).

C5

Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)

C6

Pt. II modified (temp. from 1.12.1999 to 5.10.2002) by S.I. 1999/3147 (N.I. 11), art. 49(7)(a) (the temp. modification lapsing on the coming into operation of S.R. 2001/441, which modifies specified provisions of Pt. II, on 6.10.2002)

Retirement pensions (Categories A and B)

C1C251 Category B retirement pension for widowers.

1

A man shall be entitled to a Category B retirement pension if—

a

he has had a wife and she has died on or after 6th April 1979, and he was married to her when she died; and

b

they were both over pensionable age when she died; and

c

before her death she satisfied the contribution conditions for a Category A retirement pension in Schedule 3, Part I, paragraph 5.

2

The weekly rate of a man’s Category B retirement pension under this section shall, subject to subsection (3) below, be determined in accordance with the provisions of F1sections 44 to F445 above F2and Schedule 4A to this Act as they apply in the case of a Category A retirement pension, taking references in those sections to the pensioner as references to the wife.

3

In the case of a widower whose wife dies after F35th October 2002, the additional pension falling to be calculated under F1sections 44 to F445 above F2and Schedule 4A to this Act by virtue of subsection (2) above shall be one half of the amount which it would be apart from this subsection.

4

Subject to the provisions of this Act, a man shall become entitled to a Category B retirement pension on the day on which the conditions of entitlement become satisfied in his case and his entitlement shall continue throughout his life.