Section 38 — Social Security Contributions and Benefits Act 1992: Widow’s pension : deaths before 9 April 2001 .

Widow’s pension : deaths before 9 April 2001 .

38 A1 This section applies only in cases where a woman's husband has died before 9 April 2001.

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 or forms a civil partnership , but, subject to that, she shall continue to be entitled to it until she attains pensionable age .

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)(k) of the Administration Act;

b for any period for which she is entitled to a widowed mother’s allowance; ... or c for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as if they were a married couple or 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” .