NATIONAL INSURANCE ACT (NORTHERN IRELAND) 1966 - SECT 36 Special provisions as to graduated retirement benefit for widows and widowers.

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NATIONAL INSURANCE ACT (NORTHERN IRELAND) 1966 - SECT 36

Special provisions as to graduated retirement benefit for widows and widowers.

36.(1) Subject to the provisions of this section

(a)where a man, having paid graduated contributions as an insured person, dies
leaving a widow, and she either has attained pensionable age at the time of
his death or remains his widow when she attains that age; or

(b)where a woman, having paid graduated contributions as an insured person,
dies after 5th April 1979 leaving a widower, and she and he have both attained
pensionable age at the time of her death,

(2) For the purposes of subsection (1) of this section, the weekly rate of the
deceased spouse's graduated retirement benefit shall (whether or not he or she
was receiving or entitled to receive any such benefit) be taken to have been
the weekly rate appropriate to the amount of graduated contributions paid by
him or her (determined as if any orders which have come into force under
section 120 of the Act (increases in rates of benefit) since the date of the
deceased spouse's death had come into force before that date), excluding any
addition under section 36(1) of this Act, but including any addition under
section 35(4) thereof (and for the purpose of calculating the addition under
section 35(4), taking into account any addition under section 36(1)); and
where at his or her death he or she had attained pensionable age but had
neither retired from regular employment nor otherwise become entitled to
graduated retirement benefit, that addition shall be computed as if he or she
had retired from regular employment or otherwise become entitled to graduated
retirement benefit immediately before his or her death.

(3) A person's right to graduated retirement benefit by virtue of this section
shall be brought into account under section 35(4) of this Act in determining
the graduated retirement benefit payable to him or her under the said
section 35:

Provided that, if the termination of the marriage by death occurred after he
or she attained pensionable age, he or she shall for the purposes of this
subsection be treated as not having attained pensionable age until the date of
that termination.

(4) A person's right to graduated retirement benefit by virtue of this section
in respect of a spouse he or she marries after attaining pensionable age shall
be subject to such additional conditions as may be prescribed; and except as
may be provided by regulations a person more than once married shall not be
entitled for the same period to any graduated retirement benefit by virtue of
this section in respect of more than one of his or her spouses.

(5) Regulations may provide that where a woman is entitled to graduated
retirement benefit and to a widowed mother's allowance the graduated
retirement benefit shall be an increase in the weekly rate of that allowance;
and where the benefit is such an increase, section 35(7) of this Act shall not
apply.

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Northern Irish Legislation

NATIONAL INSURANCE ACT (NORTHERN IRELAND) 1966 - SECT 36