Social Welfare (Consolidation) Act, 1981
|
CHAPTER 9 Survivor's Benefit | ||
|
Title to-benefit. [1952, s. 26; 1963 MP, s. 11; 1976, s. 17] |
87.—(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 81 (1) or 86 (1) in respect of a period ending on such death, her husband shall be entitled to benefit the weekly rate of which is equal to the rate of widow's (contributory) pension, including increases in respect of qualified children where appropriate, which would be payable to him under the provisions of this Part if he were a widow. | |
(2) Benefit under this section shall not be payable for any period after the remarriage of the person to whom it had been payable, or for any period after he ceased to be incapable of self-support by reason of some physical or mental infirmity. | ||
(3) A man shall be disqualified for receiving benefit under this section if and so long as he and any other person are cohabiting as man and wife. | ||
(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. |