Part IIN.I. Contributory Benefits

Benefits for widows and widowersN.I.

[F139A Widowed parent’s allowance.N.I.

(1)This section applies where—

(a)a person whose spouse [F2or civil partner] dies on or after the appointed day is under pensionable age at the time of the spouse’s [F3or 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 [F2or 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 [F2or 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 [F2or civil partner] is entitled to child benefit in respect of a child [F4or qualifying young person] falling within subsection (3) below; F5...

(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; [F6or

(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 [F7or qualifying young person] falls within this subsection if F8... the child [F9or qualifying young person] is either—

(a)a son or daughter of the surviving spouse [F2or civil partner] and the deceased spouse [F2or civil partner]; or

(b)a child [F10or qualifying young person] in respect of whom the deceased spouse [F2or civil partner] was immediately before his or her death entitled to child benefit; or

(c)if the surviving spouse [F2or civil partner] and the deceased spouse [F2or civil partner] were residing together immediately before his or her death, a child [F10or qualifying young person] in respect of whom the surviving spouse [F2or 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 [F11or 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.

[F12(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 [F3or civil partner's] entitlement is to be regarded as commencing by virtue of section 5(1)(l) of the Administration Act; F13...

(b)for any period during which the surviving spouse [F2or civil partner] and a person of the opposite sex to whom she or he is not married are living together as husband and wife; [F14or

(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].]