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CHAPTER 16
Widow's (Contributory) Pension
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Entitlement to pension.
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[1992, s. 12]
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100.—(1) Subject to this Act, a widow shall be entitled to widow's (contributory) pension—
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(a) if the contribution conditions set out in section 101 are satisfied by her or by her husband's insurance,
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(b) if her husband was entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 87(1) or section 91(1) in respect of a period ending on his death, or
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(c) if her husband would have been entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 87(1) or section 91(1), but for the receipt by that woman of an old age (non-contributory) pension or a blind pension or a carer's allowance in her own right, in respect of a period ending on his death.
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[1981, s. 92(2)]
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(2) A widow's (contributory) pension shall not be payable to a woman for any period after her remarriage.
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[1981, s. 92(3)]
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(3) A widow shall be disqualified for receiving widow's (contributory) pension if and so long as she and any person are cohabiting as husband and wife.
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[1981, s. 92(4)]
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(4) A woman who becomes a widow while she is in receipt of or entitled to deserted wife's benefit shall, on becoming a widow, be entitled to a widow's (contributory) pension at the same rate as that of the deserted wife's benefit payable to her, whether or not the relevant contribution conditions for entitlement to such pension are satisfied in her case.
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[1981, ss. 92(5), (6), 93(2)]
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(5) In this Chapter—
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“husband”, in relation to a woman who has been married more than once, refers only to her last husband;
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“relevant time” means—
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(a) the date of the husband's attaining pensionable age or dying under that age, or
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(b) if the conditions are being satisfied on the widow's insurance record—
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(i) the date of the husband's death, or
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(ii) if the widow attained pensionable age before the date of the husband's death, the date on which she attained that age;
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“yearly average” means the average per contribution year of contribution weeks in respect of which the husband (or claimant) has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 101(1)(b).
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