Social Welfare Act, 1994

Transitional provisions.

12.—(1) Notwithstanding Chapter 16 of Part II of the Principal Act (inserted by section 11 ), where, immediately before the commencement of this Part—

(a) a woman is in receipt of widow's (contributory) pension by virtue of section 100 of the Principal Act, or

(b) a man is in receipt of survivor's benefit by virtue of section 92 of the Principal Act,

survivor's pension shall be payable to that person on that commencement at the same rate as the said widow's (contributory) pension or survivor's benefit (as the case may be) which is payable to him immediately before the commencement.

(2) Any decision made by a deciding officer or by an appeals officer in relation to the award of—

(a) widow's (contributory) pension to a woman, or

(b) survivor's benefit to a man,

before the commencement of this Part shall be deemed to be a decision to award survivor's pension to such person on and from that commencement.

(3) Where, immediately before the commencement of this Part—

(a) a woman has applied for widow's (contributory) pension and that application has not been finally determined, or

(b) a man has applied for survivor's benefit and that application has not been finally determined,

any such application shall be deemed to be an application for survivor's pension.