Social Security Contributions and Benefits (Northern Ireland) Act 1992

Benefits for widows and widowersN.I.

[F136 Bereavement payment.N.I.

(1)A person whose spouse [F2or civil partner] dies on or after the appointed day shall be entitled to a bereavement payment if—

(a)either that person was under pensionable age at the time when the spouse [F2or civil partner] died or the spouse [F2or civil partner] was then not entitled to a Category A retirement pension under section 44 below; and

(b)the spouse [F2or civil partner] satisfied the contribution condition for a bereavement payment specified in Schedule 3, Part I, paragraph 4.

[F3(2)A bereavement payment shall not be payable to a person if—

(a)that person and a person of the opposite sex to whom that person was not married were living together as husband and wife at the time of the spouse’s or civil partner’s death, or

(b)that person and a person of the same sex who was not his or her civil partner were living together as if they were civil partners at the time of the spouse’s or civil partner’s death.]

(3)In this section “the appointed day” means the day appointed for the coming into operation of Articles 51 to 53 of the Welfare Reform and Pensions (Northern Ireland) Order 1999.]

[F436A Cases in which sections 37 to 41 apply.N.I.

(1)Sections 37 to 39 and section 40 below apply only in cases where a woman’s husband has died before the appointed day, and section 41 below applies only in cases where a man’s wife has died before that day.

(2)Sections 39A to 39C below apply in cases where a person’s spouse [F5or civil partner] dies on or after the appointed day, but section 39A also applies (in accordance with subsection (1)(b) of that section) in cases where a man’s wife has died before that day.

(3)In this section, and in sections 39A and 39B below, “the appointed day” means the day appointed for the coming into operation of Articles 51 to 53 of the Welfare Reform and Pensions (Northern Ireland) Order 1999.]

37 Widowed mother’s allowance.N.I.

(1)A woman who has been widowed shall be entitled to a widowed mother’s allowance at the rate determined in accordance with section 39 below if her late husband satisfied the contribution conditions for a widowed mother’s allowance specified in Schedule 3, Part I, paragraph 5 and either—

(a)the woman is entitled to child benefit in respect of a child falling within subsection (2) below;

(b)the woman is pregnant by her late husband; or

(c)if the woman and her late husband were residing together immediately before the time of his death, the woman is pregnant as the result of being artificially inseminated before that time with the semen of some person other than her husband, or as the result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs.

(2)A child falls within this subsection if one of the conditions specified in section [F677(5)] below is for the time being satisfied with respect to the child and the child is either—

(a)a son or daughter of the woman and her late husband;

(b)a child in respect of whom her late husband was immediately before his death entitled to child benefit; or

(c)if the woman and her late husband were residing together immediately before his death, a child in respect of whom she was then entitled to child benefit.

(3)The widow shall not be entitled to the allowance for any period after she remarries [F7or forms a civil partnership], but, subject to that, she shall continue to be entitled to it for any period throughout which she satisfies the requirements of subsection (1)(a), (b) or (c) above.

(4)A widowed mother’s allowance shall not be payable—

(a)for any period falling before the day on which the widow’s entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(l) of the Administration Act; F8...

(b)for any period during which she and a man to whom she is not married are living together as husband and wife; [F9or

(c)for any period during which she and a woman who is not her civil partner are living together as if they were civil partners].

38 Widow’s pension.N.I.

(1)A woman who has been widowed shall be entitled to a widow’s pension at the rate determined in accordance with section 39 below if her late husband satisfied the contribution conditions for a widow’s pension specified in Schedule 3, Part I, paragraph 5 and either—

(a)she was, at the husband’s death, over the age of 45 but under the age of 65; or

(b)she ceased to be entitled to a widowed mother’s allowance at a time when she was over the age of 45 but under the age of 65.

(2)The widow shall not be entitled to the pension for any period after she remarries [F10or forms a civil partnership], but, subject to that, she shall continue to be entitled to it until she attains the age of 65.

(3)A widow’s pension shall not be payable—

(a)for any period falling before the day on which the widow’s entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(l) of the Administration Act;

(b)for any period for which she is entitled to a widowed mother’s allowance; F11...

(c)for any period during which she and a man to whom she is not married are living together as husband and wife; [F12or

(d)for any period during which she and a woman who is not her civil partner are living together as if they were civil partners].

(4)In the case of a widow whose late husband died before 11th April 1988 and who either—

(a)was over the age of 40 but under the age of 55 at the time of her husband’s death; or

(b)is over the age of 40 but under the age of 55 at the time when she ceases to be entitled to a widowed mother’s allowance,

subsection (1) above shall have effect as if for “45” there were substituted “ 40 ”.

39 Rate of widowed mother’s allowance and widow’s pension.N.I.

(1)The weekly rate of—

(a)a widowed mother’s allowance,

(b)a widow’s pension,

shall be determined in accordance with the provisions of [F13[F14sections 44 to] [F1545B]] below [F16and 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)In the application of [F13[F14sections 44 to] [F1545B]] below [F16and Schedule 4A to this Act] by virtue of subsection (1) above—

(a)where the woman’s husband was over pensionable age when he died, references in those sections to the pensioner shall be taken as references to the husband, and

(b)where the husband was under pensionable age when he died, references in those sections to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the husband and the tax year in which he died.

(3)In the case of a woman whose husband dies after [F175th October 2002], the additional pension falling to be calculated under [F13[F14sections 44 to] [F1545B]] below [F16and Schedule 4A to this Act] by virtue of subsection (1) above shall (before making any reduction required by subsection (4) below) be one half of the amount which it would be apart from this subsection.

(4)Where a widow’s pension is payable to a woman who was under the age of 55 at the time when the applicable qualifying condition was fulfilled, the weekly rate of the pension shall be reduced by 7 per cent. of what it would be apart from this subsection multiplied by the number of years by which her age at that time was less than 55 (any fraction of a year being counted as a year).

(5)For the purposes of subsection (4) above, the time when the applicable qualifying condition was fulfilled is the time when the woman’s late husband died or, as the case may be, the time when she ceased to be entitled to a widowed mother’s allowance.

(6)In the case of a widow whose late husband died before 11th April 1988 and who either—

(a)was over the age of 40 but under the age of 55 at the time of her husband’s death; or

(b)is over the age of 40 but under the age of 55 at the time when she ceases to be entitled to a widowed mother’s allowance,

subsection (4) above shall have effect as if for “55” there were substituted “ 50 ”.

[F1839A Widowed parent’s allowance.N.I.

(1)This section applies where—

(a)a person whose spouse [F19or civil partner] dies on or after the appointed day is under pensionable age at the time of the spouse’s [F20or civil partner's] death, or

(b)a man whose wife died before the appointed day—

(i)has not remarried before that day, and

(ii)is under pensionable age on that day.

(2)The surviving spouse [F19or civil partner] shall be entitled to a widowed parent’s allowance at the rate determined in accordance with section 39C below if the deceased spouse [F19or civil partner] satisfied the contribution conditions for a widowed parent’s allowance specified in Schedule 3, Part I, paragraph 5 and—

(a)the surviving spouse [F19or civil partner] is entitled to child benefit in respect of a child falling within subsection (3) below; F21...

(b)the surviving spouse is a woman who either—

(i)is pregnant by her late husband, or

(ii)if she and he were residing together immediately before the time of his death, is pregnant in circumstances falling within section 37(1)(c) above; [F22or

(c)the surviving civil partner is a woman who—

(i)was residing together with the deceased civil partner immediately before the time of the death, and

(ii)is pregnant as the result of being artificially inseminated before that time with the semen of some person, or as a result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs].

(3)A child falls within this subsection if one of the conditions specified in section [F2377(5)] below is for the time being satisfied with respect to the child and the child is either—

(a)a son or daughter of the surviving spouse [F19or civil partner] and the deceased spouse [F19or civil partner]; or

(b)a child in respect of whom the deceased spouse [F19or civil partner] was immediately before his or her death entitled to child benefit; or

(c)if the surviving spouse [F19or civil partner] and the deceased spouse [F19or civil partner] were residing together immediately before his or her death, a child in respect of whom the surviving spouse [F19or civil partner] was then entitled to child benefit.

(4)The surviving spouse shall not be entitled to the allowance for any period after she or he remarries [F24or forms a civil partnership], but, subject to that, the surviving spouse shall continue to be entitled to it for any period throughout which she or he—

(a)satisfies the requirements of subsection (2)(a) or (b) above; and

(b)is under pensionable age.

[F25(4A)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 for any period throughout which she or he—

(a)satisfies the requirements of subsection (2)(a) or (b) above; and

(b)is under pensionable age.]

(5)A widowed parent’s allowance shall not be payable—

(a)for any period falling before the day on which the surviving spouse’s [F20or civil partner's] entitlement is to be regarded as commencing by virtue of section 5(1)(l) of the Administration Act; F26...

(b)for any period during which the surviving spouse [F19or civil partner] and a person of the opposite sex to whom she or he is not married are living together as husband and wife; [F27or

(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].]

[F2839B Bereavement allowance where no dependent children.N.I.

(1)This section applies where a person whose spouse [F29or civil partner] dies on or after the appointed day is over the age of 45 but under pensionable age at the spouse’s [F30or civil partner's] death.

(2)The surviving spouse [F29or civil partner] shall be entitled to a bereavement allowance at the rate determined in accordance with section 39C below if the deceased spouse [F29or 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 [F30or civil partner's] death or (if later) the day on which the surviving spouse’s [F30or civil partner's] entitlement is to be regarded as commencing by virtue of section 5(1)(l) of the Administration Act.

(4)The surviving spouse shall not be entitled to the allowance for any period after she or he remarries [F31or 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.

[F32(4A)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 [F29or civil partner] is entitled to a widowed parent’s allowance; F33...

(b)for any period during which the surviving spouse [F29or civil partner] and a person of the opposite sex to whom she or he is not married are living together as husband and wife; [F34or

(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].]

[F3539C 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 [F3645] below [F37and 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 [F3845] [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 [F39or 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 [F39or civil partner], and

(b)where the deceased spouse [F39or 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 [F39or 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 [F39or civil partner] dies after [F405th October 2002], the additional pension falling to be calculated under sections 44 to [F3845] 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 [F41or 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).]

[F4240 Long-term incapacity benefit for widows.N.I.

(1)Subject to subsection (2) below, this section applies to a woman who—

(a)on her late husband’s death is not entitled to a widowed mother’s allowance or subsequently ceases to be entitled to such an allowance;

(b)is incapable of work at the time when he dies or when she subsequently ceases to be so entitled;

(c)either—

(i)would have been entitled to a widow’s pension if she had been over the age of 45 when her husband died or when she ceased to be entitled to a widowed mother’s allowance; or

(ii)is entitled to such a pension with a reduction under section 39(4) above; and

(d)is not entitled to incapacity benefit apart from this section.

(2)This section does not apply to a woman unless—

(a)her husband died after 5th April 1979; or

(b)she ceased to be entitled to a widowed mother’s allowance after that date (whenever her husband died).

(3)A woman to whom this section applies is entitled to long-term incapacity benefit under this section for any day of incapacity for work which—

(a)falls in a period of incapacity for work that began before the time when her late husband died or she subsequently ceased to be entitled to a widowed mother’s allowance; and

(b)is after that time and after the first 364 days of incapacity for work in that period.

(4)A woman to whom this section applies who is not entitled to long-term incapacity benefit under subsection (3) above, but who is terminally ill, is entitled to short-term incapacity benefit under this section for any day of incapacity for work which—

(a)falls in a period of incapacity for work that began before the time when her late husband died or she subsequently ceased to be entitled to a widowed mother’s allowance; and

(b)is after that time and after the first 196 days of incapacity for work in that period.

(5)The weekly rate of incapacity benefit payable under this section is—

(a)if the woman is not entitled to a widow’s pension, that which would apply if she were entitled to long-term incapacity benefit under section 30A above; and

(b)if she is entitled to a widow’s pension with a reduction under section 39(4) above, the difference between the weekly rate of that pension and the weekly rate referred to in paragraph (a) above.

(6)A woman is not entitled to incapacity benefit under this section if she is over pensionable age; but if she has attained pensionable age and the period of incapacity for work mentioned in subsection (3)(a) or (4)(a) above did not terminate before she attained that age—

(a)she shall, if not otherwise entitled to a Category A retirement pension, be entitled to such a pension; and

(b)the weekly rate of the Category A retirement pension to which she is entitled (whether by virtue of paragraph (a) above or otherwise) shall be determined in the prescribed manner.

(7)Where a woman entitled to short-term incapacity benefit under subsection (4) above attains pensionable age and defers her entitlement to a Category A retirement pension or makes an election under section 54(1) below, the days of incapacity for work falling within the period of incapacity for work mentioned in that subsection shall, for the purpose of determining any subsequent entitlement to incapacity benefit under section 30A above or the rate of that benefit, be treated as if they had been days of entitlement to short-term incapacity benefit.

(8)References to short-term incapacity benefit at the higher rate shall be construed as including short-term incapacity benefit payable under subsection (4) above.]

[F4341 Long-term incapacity benefit for widowers.N.I.

(1)This section applies to a man whose wife has died on or after 6th April 1979 and who either—

(a)was incapable of work at the time when she died; or

(b)becomes incapable of work within the prescribed period after that time;

and is not entitled to incapacity benefit apart from this section.

(2)A man to whom this section applies is entitled to long-term incapacity benefit under this section for any day of incapacity for work which—

(a)falls in a period of incapacity for work that began before the time when his wife died or within the prescribed period after that time; and

(b)is after that time and after the first 364 days of incapacity for work in that period.

(3)A man to whom this section applies who is not entitled to long-term incapacity benefit under subsection (2) above, but who is terminally ill, is entitled to short-term incapacity benefit under this section for any day of incapacity for work which—

(a)falls in a period of incapacity for work that began before the time when his late wife died or within the prescribed period after that time; and

(b)is after that time and after the first 196 days of incapacity for work in that period.

(4)The weekly rate of incapacity benefit payable under this section is that which would apply if he were entitled to long-term incapacity benefit under section 30A above.

(5)A man is not entitled to incapacity benefit under this section if he is over pensionable age; but if he has attained pensionable age, and the period of incapacity for work mentioned in subsection (2)(a) or (3)(a) above did not terminate before he attained that age—

(a)he shall, if not otherwise entitled to a Category A retirement pension and also not entitled to a Category B retirement pension by virtue of [F44the contributions of his wife], be entitled to a Category A retirement pension; and

(b)the weekly rate of the Category A retirement pension to which he is entitled (whether by virtue of paragraph (a) above or otherwise) shall be determined in the prescribed manner.

(6)Where a man entitled to short-term incapacity benefit under subsection (3) above attains pensionable age and defers his entitlement to a Category A retirement pension or makes an election under section 54(1) below, the days of incapacity for work falling within the period of incapacity for work mentioned in that subsection shall, for the purpose of determining any subsequent entitlement to incapacity benefit under section 30A above or the rate of that benefit, be treated as if they had been days of entitlement to short-term incapacity benefit.

(7)References to short-term incapacity benefit at the higher rate shall be construed as including short-term incapacity benefit payable under subsection (3) above.]

[F4542 Entitlement under s. 40 or 41 after period of employment or training for work.N.I.

[F46(1)Where a person claims incapacity benefit under section 40 or 41 above for a period commencing after he has ceased to be in qualifying remunerative work (within the meaning of Part 1 of the Tax Credits Act 2002) and—

(a)the day following that on which he so ceased was a day of incapacity for work for him,

(b)he has been entitled to incapacity benefit under that section within the period of two years ending with that day of incapacity for work, and

(c)he satisfied the relevant tax credit conditions on the day before he so ceased,

every day during that period on which he satisfied those conditions is to be treated for the purposes of the claim as a day of incapacity for work for him.

(1A)A person satisfies the relevant tax credit conditions on a day if—

(a)he is entitled for the day to the disability element of working tax credit (on a claim made by him or by him jointly with another) or would be so entitled but for the fact that the relevant income (within the meaning of Part 1 of the Tax Credits Act 2002) in his or their case is such that he is not so entitled, and

(b)either working tax credit or any element of child tax credit other than the family element is paid in respect of the day on such a claim.]

(2)Where—

(a)a person becomes engaged in training for work; and

(b)he was entitled to incapacity benefit under section 40 or 41 above for one or more of the 56 days immediately before he became so engaged; and

(c)the first day after he ceases to be so engaged is for him a day of incapacity for work and falls not later than the end of the period of two years beginning with the last day for which he was entitled to incapacity benefit under that section,

any day since that day in which he was engaged in training for work shall be treated for the purposes of any claim for incapacity benefit under that section for a period commencing after he ceases to be so engaged as having been a day of incapacity for work.

(3)For the purposes of this section “week” means any period of 7 days.]