Modifications etc. (not altering text)
C1Pt. 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).
C2Pt. II (ss. 20-62): power to apply conferred (1.7.1992) by Social Security Administration (Northern Ireland) Act 1992 (c. 8), ss. 161, 168(4), Sch. 6 para. 1(3)(a).
C3Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)
C4Pt. 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)
(1)Subject to the provisions of this Act (and in particular to those of section 81 below), a woman whose marriage has been terminated by divorce shall be entitled to a child’s special allowance at the weekly rate specified in Schedule 4, Part I, paragraph 6, if—
(a)the husband of that marriage is dead and satisfied the contribution condition for a child’s special allowance specified in Schedule 3, Part I, paragraph 6; and
(b)she is entitled to child benefit in respect of a child and either—
(i)she was so entitled immediately before that husband’s death; or
(ii)in such circumstances as may be prescribed, he was then so entitled; and
(c)either—
(i)that husband had before his death been contributing at not less than the prescribed weekly rate to the cost of providing for that child; or
(ii)at the date of that husband’s death she was entitled, under an order of a court, trust or agreement which she has taken reasonable steps to enforce, to receive (whether from that husband or from another person) payments in respect of that child at not less than that rate provided or procured by that husband.
(2)A child’s special allowance shall not be payable to a woman—
(a)for any period after her remarriage; or
(b)for any period during which she and a man to whom she is not married are living together as husband and wife.
(3)Where, apart from this subsection, a person is entitled to receive, in respect of a particular child, payment of an amount by way of a child’s special allowance, that amount shall not be payable unless one of the conditions specified in subsection (4) below is satisfied.
(4)Those conditions are—
(a)that the beneficiary would be treated for the purposes of Part IX of this Act as having the child living with him; or
(b)that the requisite contributions are being made to the cost of providing for the child.
(5)The condition specified in subsection (4)(b) above is to be treated as satisfied if, but only if—
(a)such contributions are being made at a weekly rate not less than the amount referred to in subsection (3) above—
(i)by the beneficiary; or
(ii)where the beneficiary is one of two spouses residing together, by them together; and
(b)except in prescribed cases, the contributions are over and above those required for the purpose of satisfying section 139(1)(b) below.
(6)A child’s special allowance shall not be payable for any period after 5th April 1987 except to a woman who immediately before 6th April 1987—
(a)satisfied the conditions set out in paragraphs (a) to (c) of subsection (1) above; and
(b)was not barred from payment of the allowance for either of the reasons mentioned in subsection (2) above,
and who has so continued since 6th April 1987.