CHAPTER 6

Widow's and Orphan's (Non-Contributory) Pensions

[1981, s. 176(1)]

142.—(1) For the purposes of this Chapter—

“husband”, in relation to a woman who has been married more than once, refers only to her last husband;

“pension” means a widow's (non-contributory) pension or an orphan's (non-contributory) pension, as the case may require;

means shall be calculated in accordance with the Rules contained in Part II of the Third Schedule ;

“weekly means” shall be the yearly means divided by 52.

[1981, s. 176(2)]

(2) Where a widow has remarried she shall not for the purposes of this Chapter be regarded as the widow of her former husband.

[1981, s. 177(1)]

143.—(1) Subject to this Act, widow's (non-contributory) pension shall be payable to a widow.

[1981, s. 177(2)]

(2) A woman whose husband dies while she is in receipt of or entitled to deserted wife's allowance shall, subject to the provisions of this Chapter, in lieu of that allowance, be entitled to widow's (non-contributory) pension at the same rate as that of the deserted wife's allowance payable to her.

[1981, s. 177(3)]

(3) A widow's (non-contributory) pension payable to a widow shall, subject to this Chapter, continue to be payable unless she remarries and in such a case the pension shall cease as on and from her remarriage.

[1982, s. 3(4); 1990, s. 13]

144.—(1) The rate (in this section referred to as “the scheduled rate”) of widow's (non-contributory) pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule .

[1981, s. 178(2); 1982, s. 4(1)]

(2) A widow's (non-contributory) pension shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £6, at the scheduled rate, and

(b) such weekly means exceed £6, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £6, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than £2, the pension shall not be payable.

[1981, s. 179]

145.—The weekly rate of pension payable in accordance with section 144 shall be increased—

(a) by the amount set out in column (6) of Part I of the Fourth Schedule where the beneficiary has attained pensionable age and is living alone, and

(b) by the amount set out in column (7) of Part I of the Fourth Schedule where the beneficiary has attained the age of 80 years.

[1981, s. 180(4)]

146.—A widow shall not, if and so long as she and any person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of widow's (non-contributory) pension.

[1981, s. 181(1)]

147.—(1) Where, under this Chapter, a widow would, but for this subsection, be entitled to both a widow's (contributory) pension and a widow's (non-contributory) pension, the widow's (non-contributory) pension shall not be payable except insofar as is provided by regulations under section 209.

[1981, s. 181(2)]

(2) Not more than one widow's (contributory) pension or widow's (non-contributory) pension shall be payable to any one widow.

Orphan's Pension

[1981, s. 182(1)]

148.—(1) Subject to this Act, an orphan's (non-contributory) pension shall be payable in respect of an orphan.

[1981, s. 182(2)]

(2) Not more than one pension shall be payable in respect of any one orphan.

[1981, s. 182(3)]

(3) A pension shall not be payable in respect of an orphan in respect of whom an increase under section 105(1) or 159(1) is claimable.

[1981, s. 183(a); 1982, s. 4(2); 1990, s. 41(2)]

149.—(1) The weekly rate (in this Chapter referred to as “the scheduled rate”) of orphan's (non-contributory) pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule .

(2) An orphan's (non-contributory) pension shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £2 at the scheduled rate, and

(b) such weekly means exceed £2, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £2, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than £2, the pension shall not be payable.

[1981, s. 188(6)]

150.—Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person a pension was allowed or awarded or that the amount of a pension payable to or in respect of a person was varied and that the pension as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the pension was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of a pension of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the pension of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the pension is varied or further varied, as the case may be, or the date on which the pension ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.

[1981, s. 191(1)]

151.—(1) Subject to this section, orphan's (non-contributory) pension shall be paid to the guardian of the orphan in respect of whom such pension is payable.

[1981, s. 191(2)]

(2) The Minister may, if he considers it advisable so to do, direct that a pension shall, in lieu of being paid to the guardian of the orphan in respect of whom such pension is payable, be paid to some other person for the benefit of the orphan.