Social Security Contributions and Benefits (Northern Ireland) Act 1992

39A Widowed parent’s allowance.

(1) This section applies where— (a) a person's spouse, civil partner or cohabiting partner has died before the day on which section 29 of the Pensions Act (Northern Ireland) 2015 comes into operation (but see subsection (1A)), (b) the person has not married or formed a civil partnership or a cohabiting partnership after the death but before that day, and (c) the person is under pensionable age on that day. (1A) This section does not apply in cases where a woman's husband has died before 9 April 2001. (2) The surviving spouse, civil partner or cohabiting partner shall be entitled to a widowed parent’s allowance at the rate determined in accordance with section 39C below if the deceased spouse, civil partner or cohabiting partner satisfied the contribution conditions for a widowed parent’s allowance specified in Schedule 3, Part I, paragraph 5 and— (a) the surviving spouse, civil partner or cohabiting partner is entitled to child benefit in respect of a child or qualifying young person falling within subsection (3) below; ... (b) the surviving spouse or cohabiting partner is a woman who either— (i) is pregnant by her late husband or the deceased cohabiting partner, or (ii) if she and he were residing together immediately before the time of his death, is pregnant in circumstances falling within section 37(1)(c) above (which is to be read as if the references to her late husband included a reference to the deceased cohabiting partner); or (c) the surviving civil partner or cohabiting partner is a woman who— (i) was residing together with the deceased civil partner or cohabiting partner immediately before the time of the death, and (ii) is pregnant as the result of being artificially inseminated before that time with the semen of some person, or as a result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs. (3) A child or qualifying young person falls within this subsection if ... the child or qualifying young person is either— (a) a son or daughter of the surviving spouse, civil partner or cohabiting partner and the deceased spouse, civil partner or cohabiting partner; or (b) a child or qualifying young person in respect of whom the deceased spouse, civil partner or cohabiting partner was immediately before his or her death entitled to child benefit; or (c) if the surviving spouse, civil partner or cohabiting partner and the deceased spouse or civil partner were residing together immediately before his or her death, a child or qualifying young person in respect of whom the surviving spouse, civil partner or cohabiting partner was then entitled to child benefit. (3A) Only one person is entitled to a widowed parent’s allowance in respect of one death. (3B) Where, apart from subsection (3A), more than one person would be so entitled, entitlement is to be determined in accordance with subsections (3C) and (3D). (3C) Where only one of those persons is a member of the same household as the deceased, that person is entitled. (3D) Where there is more than one person who is a member of the same household as the deceased and would (apart from subsection (3A)) be entitled— (a) if one of those persons is the deceased’s spouse or civil partner and is pregnant or entitled to child benefit in accordance with subsection (2), that person is entitled; (b) if there is no spouse or civil partner entitled under paragraph (a), the deceased’s cohabiting partner who is pregnant or entitled to child benefit in accordance with subsection (2) is entitled (but this is subject to paragraphs (c) and (d)); (c) if there is more than one cohabiting partner within paragraph (b), the cohabiting partner who has been a member of the same household as the deceased for longest is entitled; (d) if there is more than one cohabiting partner within paragraph (b) and each partner has been a member of the same household as the deceased for the same length of time, the Department must determine who is entitled. (4) The surviving spouse shall not be entitled to the allowance for any period after she or he remarries or forms a civil partnership or a cohabiting partnership, but, subject to that, the surviving spouse shall continue to be entitled to it for any period throughout which she or he— (a) satisfies the requirements of subsection (2)(a) or (b) above; and (b) is under pensionable age. (4A) The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or a cohabiting partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it for any period throughout which she or he— (a) satisfies the requirements of subsection (2)(a) or (b) above; and (b) is under pensionable age. (4B) The surviving cohabiting partner shall not be entitled to the allowance for any period after she or he forms a subsequent cohabiting partnership or a civil partnership or marries, but, subject to that, the surviving cohabiting partner shall continue to be entitled to it for any period throughout which she or he— (a) satisfies the requirements of subsection (2)(a), (b) or (c) above; and (b) is under pensionable age. (5) A widowed parent’s allowance shall not be payable— (a) for any period falling before the day on which the surviving spouse’s, civil partner’s or cohabiting partner’s entitlement is to be regarded as commencing by virtue of section 5(1)(l) of the Administration Act; or (b) for any period during which— (i) the surviving spouse or civil partner, and (ii) a person who is neither the spouse, nor the civil partner, of the surviving spouse or civil partner,, are living together as if spouses of each other. (6) For the purposes of this section, the Department may by regulations prescribe— (a) circumstances in which the fact that two persons are married to each other, or are civil partners or cohabiting partners of each other, is to be disregarded; (b) circumstances in which two persons are to be treated as if they were married to each other or were civil partners or cohabiting partners of each other (or as marrying or forming a civil partnership or a cohabiting partnership); (c) circumstances in which people are to be treated as being, or as not being, members of the same household. (7) For the purposes of this section and section 39C, two persons are cohabiting partners if they are not married to, or civil partners of, each other but are living together as if they were married or in a civil partnership (and “cohabiting partnership” is to be read accordingly). (8) The Department must issue a statement of its policy with respect to making determinations under subsection (3D)(d).