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SOCIAL WELFARE (CONSOLIDATION) ACT, 1993
CHAPTER 14 Survivor's Benefit | ||
Entitlement to benefit. |
[1981, s. 87(1); 1985 (No. 2), s. 8] | |
92.—(1) Subject to this Act, on the death of a woman to whom an old age (contributory) pension or retirement pension was payable at an increased weekly rate by virtue of section 87(1) or 91(1) in respect of a period ending on such death, her husband shall be entitled to survivor's benefit: | ||
Provided that he is incapable of self-support by reason of some mental or physical infirmity. | ||
[1981, s. 87(2)] | ||
(2) Survivor's benefit shall not be payable for any period after— | ||
(a) the remarriage of the beneficiary, or | ||
(b) the beneficiary ceases to be incapable of self-support by reason of some physical or mental infirmity. | ||
[1981, s. 87(3)] | ||
(3) A man shall be disqualified for receiving survivor's benefit if and so long as he and any other person are cohabiting as husband and wife. | ||
[1981, s. 87(4)] | ||
(4) Where, but for the provisions of this subsection, benefit under this section and old age (contributory) pension or retirement pension would be payable to a person in respect of any period— | ||
(i) benefit under this section shall not be payable in respect of that period unless the rate thereof is greater than the rate of the pension, | ||
(ii) the pension shall not be payable in respect of that period unless the rate thereof is equal to or greater than the rate of benefit under this section. | ||
Rate of benefit. |
[1981, s. 87(1); 1985 (No. 2), s. 8] | |
93.—Subject to this Act, the weekly rate of survivor's benefit shall be as set out in column (2) of Part I of the second Schedule . | ||
Increases (including increases for child dependants). |
[1981, s. 87(1); 1985 (No. 2), s. 8] | |
94.—(1) The weekly rate of survivor's benefit shall be increased by the appropriate amount set out in column (4) or (5) of Part I of the second Schedule in respect of each qualified child who normally resides with the beneficiary. | ||
(2) The weekly rate of survivor's benefit shall be increased by the amount set out in column (7) of Part I of the second Schedule where the beneficiary has attained pensionable age and is living alone. | ||
(3) The weekly rate of survivor's benefit shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years. |