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Payments after death.
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[1981, s. 125 (1); 1991, s. 9(1)(a)]
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210.—(1) In this section—
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“benefit” means—
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(a) disability benefit,
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(b) unemployment benefit (including any amount payable by way of pay-related benefit where appropriate),
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(c) injury benefit,
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(d) old age (contributory) pension,
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(e) retirement pension,
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(f) invalidity pension,
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(g) unemployment assistance,
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(h) old age (non-contributory) pension and blind pension,
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(i) unemployability supplement,
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(j) supplementary welfare allowance,
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(k) pre-retirement allowance,
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(l) widow's (contributory) pension,
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(m) lone parent's allowance,
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(n) deserted wife's benefit,
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(o) death benefit under section 60,
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(p) carer's allowance;
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[1991, s. 9(1)(b)]
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“relevant pensioner” has the meaning assigned to it by section 163(1).
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[1991, s. 9(1)(b); 1993, ss. 10, 38(4)]
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(2) Notwithstanding any provisions to the contrary in this Act—
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(a) where a person who is in receipt of a benefit specified in paragraphs (a) to (k) of subsection (1) which includes an increase in respect of an adult dependant, or which would include such an increase but for the receipt by that person's spouse of an old age (non-contributory) pension, a blind pension or a carer's allowance in his own right, dies, payment of the benefit shall continue to be made for a period of 6 weeks after the date of death and shall, during that period, be made to such person and subject to such conditions as may be prescribed, and
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(b) where a qualified child, in respect of whom an increase of a benefit is being paid, dies, the amount of such increase shall continue to be made for a period of 6 weeks after the date of death, and
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(c) where an adult dependant in respect of whom an increase of a benefit specified in paragraph (a), (b), (c), (g) or (j) of subsection (1) is being paid, or in respect of whom such an increase would be payable but for the receipt by the adult dependant of an old age (non-contributory) pension or a blind pension in his own right, dies, payment of such increase shall continue to be made for a period of 6 weeks after the date of death, and
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(d) subject to paragraph (a), where a person is in receipt of carer's allowance and the relevant pensioner in respect of whom that carer is providing full-time care and attention dies and the carer is not the spouse of that pensioner, payment of the carer's allowance shall continue to be made for a period of 6 weeks after the death of the relevant pensioner, and
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(e) subject to paragraph (a), where a person is in receipt of a carer's allowance and the relevant pensioner in respect of whom that carer is providing full-time care and attention, dies, and the carer is the spouse of that pensioner, any benefit payable under paragraph (a) shall include an increase in respect of an adult dependant provided that the person in receipt of the carer's allowance would otherwise have qualified as an adult dependant but for the fact that he was in receipt of the said allowance, and
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(f) in any case where payment is made by virtue of paragraph (a) or (c), entitlement to widow's (contributory) pension, widow's (non-contributory) pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, survivor's benefit, death benefit under section 60 or 62 or entitlement to lone parent's allowance by virtue of being a widow or widower, shall not commence until after the expiration of the period of 6 weeks mentioned in paragraph (a) or (c) except and to the extent that regulations otherwise provide.
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[1981, s. 158(2)]
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(3) Subject to this section, payment of old age (non-contributory) pension shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an increase under section 137 (a).
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