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CHAPTER 14
Survivor's Benefit
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Entitlement to benefit.
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[1981, s. 87(1); 1985 (No. 2), s. 8]
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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:
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Provided that he is incapable of self-support by reason of some mental or physical infirmity.
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[1981, s. 87(2)]
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(2) Survivor's benefit shall not be payable for any period after—
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(a) the remarriage of the beneficiary, or
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(b) the beneficiary ceases to be incapable of self-support by reason of some physical or mental infirmity.
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[1981, s. 87(3)]
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(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.
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[1981, s. 87(4)]
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(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—
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(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,
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(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.
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