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Deserted wife's benefit (conditions for receipt)
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26.—(1) Section 101 of the Principal Act is hereby amended by—
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(a) the substitution for subsection (2) of the following subsection:
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“(2) In this section ‘relevant time’ means—
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(a) the date on which the husband attained pensionable age or the date before he attained that age on which he and his spouse are determined to have commenced living apart from one another, or
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(b) if the conditions are being satisfied on the woman's insurance record—
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(i) if she attained pensionable age before the date on which she is determined to have commenced living apart from her husband, the date on which she attained that age, or
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(ii) the date on which she is determined to have commenced living apart from her husband.”, and
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(b) the substitution for subsections (4) and (5) of the following subsections:
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“(4) Subject to subsection (5), regulations may provide for entitling to deserted wife's benefit a woman who would be entitled thereto but for the fact that—
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(a) she has an aggregate of reckonable income and reckonable earnings, in excess of an amount prescribed for the purposes of section 100 (1) (bb) in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, or
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(b) the contribution condition set out in subsection (1) (b) is not satisfied.
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(5) Regulations under subsection (4) shall provide that deserted wife's benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule and the rate specified by the regulations may vary with the extent to which—
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(a) the claimant has an aggregate of reckonable income and reckonable earnings in excess of the amount prescribed for the purposes of section 100 (1) (bb) but not in excess of the amount prescribed for the purposes of this subsection, in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, and
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(b) the contribution condition set out in subsection (1) (b) is satisfied,
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but any increase of the benefit payable under section 103 (1) shall be the same as if the conditions set out in section 100 (1) (bb) and in subsection (1) (b) of this section had been fully satisfied.”.
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(2) This section shall come into operation on such day or days as the Minister may appoint by order or orders and different days may be so appointed for different provisions of this section.
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