C2C3C4C5Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
C2

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).

C4

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

C5

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)

Benefits for widows and widowers

C1F139C Rate of widowed parent’s allowance and bereavement allowance.

1

The weekly rate of a widowed parent’s allowance shall be determined in accordance with the provisions of sections 44 to F1045AA below F11and Schedules 4A to 4CF2to 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 F1246 below.

F61A

In its application by virtue of subsection (1) above, section 44(4) below is to be read as if for the first amount specified in that provision there were substituted a reference to the amount prescribed for the purposes of this subsection.

F62

The weekly amount of a bereavement allowance is an amount equal to the amount prescribed for the purposes of subsection (1A) above.

3

In the application of sections 44 to F1345AAF2below F14and Schedules 4A to 4C to this ActF7by virtue of subsection (1) above—

a

where the deceased spouse F4or civil partner was over pensionable age at his or her death, references in those F8provisions to the pensioner shall be taken as references to the deceased spouse F4or civil partner, and

b

where the deceased spouse F4or civil partner was under pensionable age at his or her death, references in those F9provisions to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the deceased spouse F4or 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 F4or civil partner dies after F35th October 2002, the additional pension falling to be calculated under sections 44 to F1345AA below F14and Schedules 4A to 4CF2to 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 F5or 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).